Loading...
Hearings Officer Packet - 06/14/2004HEARINGS OFFICER MONDAY - JUNE 14, 2004 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Fxd. 2438 (voice) or 503-684-2772 (rDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for 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. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 "APPEAL" OF MEYERS FARM NO. 2 SUBDIVISION - "URBAN SERVICE AREA" SUBDIVISION (SUB) 2003-00014 DEVELOPMENT ADJUSTMENT (VAR) 2003-00086 DEVELOPMENT ADJUSTMENT (VAR) 2003-00087 DEVELOPMENT ADJUSTMENT (VAR) 2003-00088 DEVELOPMENT ADJUSTMENT (VAR) 2004-00025 ITEM ON APPEAL: On April 29, 2004, the Director issued a decision to approve a request for Subdivision approval to create 44, single-family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. The following Adjustments have been also been requested: (1.) To exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to 20%); (2.) To exceed the 12% grade for longer than 250 feet (SW Cooper Lane: 275 feet); (3.) To reduce the right-of-way width on SW 163'd Avenue from 54 to 46 feet; and (4.) To eliminate sidewalk planter strips on SW Pollard Lane, SW Cooper Lane, SW Bray Lane, SW 163`" Avenue, and a portion of SW Dekalb Street. On May 13, 2004, an appeal was filed by the applicant pertaining to the imposition of conditions of approval No. 4 & 5. Condition No. 4 requires that the tree removal plan be revised so that less than 50 percent of the existing trees on site are removed, per the Bull Mountain Community Plan. Condition No. 5 requires the applicant to submit a tree protection plan that follows the recommendations of the city forester. LOCATION: The subject site is located south of SW Bull Mountain Road, west of Meyers Farm No.1 Subdivision. Washington County Tax Assessor's Map No. 2S1 0813C, Tax Lot 11900. Page 1 of 2 ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.790 (tree removal) and the Bull Mountain Community Plan. 3. OTHER BUSINESS 4. ADJOURNMENT Page 2 of 2 6 0 AGENDA ITEM NO. 2.1 0 • COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 Legal Notice TT 1-0417 BEAVERTON, OREGON 97075 Mwasm JUN ® 2 l Legal Notice Advertising itity of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. tiga.rd,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, ) I, Kathy Snyder_ being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the ^ ' crard-rPlia ime s a newspaper of general circulation as efined in ORS 193.010 and 193.020; published at Tigard in the aforesaid count and state; that the Public Hearin CTTP')n1n1Z-(1 n I A Arnr%oal n~ iAcvcrc 'Perm ) a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONF successive and consecutive in the following issues: Mav 27,2004 Subscribed and sworn o before me this 27th day of Ijav, 2004 OFFICIAL SEAL ROBIN A BURGESS ary Public for Oregon NOTARY PUBLIC-OREGON -i COMMISSION NO. 344589 My Commission Expires: OMMISSION EXPIRES MAY 16,!"' AFFIDAVIT CITY OF TIGARD PUBLIC HEARING ITEM The following will be considered by the Tigard Hearings Officer on Monday June 14, 2004 at 7,;00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public-oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at-a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. PUBLIC HEARING ITEM: "URBAN SERVICE AREA" SUBDIVISION (SUB) 2003-00014/ADJUSTMENTS (VAR) 2003-00086,87,88 & 2004-00025 >APPEAL OF MEYERS FARM NO. 2 SUBDIVISION< ITEM ON APPEAL: On April 29, 2004, the Director issued•a decision to approve a request for Subdivision approval to create 4'4, single-family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. The following Adjustments have been also been requested: (1.) To exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to 20%); (2.) To exceed the 12% grade for longer than 250 feet (SW Coopej Lane: 275 feet); (3.) To reduce the right-of-way width on SW 163r Avenue from 54 to 46 feet; and (4.) To eliminate sidewalk planter strips on SW Pollard Lane, SW Cooper Lane, SW Bray Lane, SW 16311 Avenue, and a portion of SW Dekalb Street. On May 13, 2004, an appeal was filed by the applicant pertaining to the imposition 4 conditions of approval No. 4 & 5. Condition No. 4 requires that the tree removal plan be revised so that less than 50 percent of the existing trees on site are removed, per the Bull Mountain Community Plan. Condition No. 5 requires the applicant to submit a tree protection plan that follows the recommendations of the city forester. LOCATION: The subject site is located south of SW Bull Mountain Road, west of Meyers Farm No.1 Subdivision. Washington County Tax Assessor's Map No. 2S 108BC, Tax Lot 11900. ZONE: R-7: Medium-Density Residential District. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.790 (tree removal) and the Bull Mountain Community Plan. 0 1 1. TT 10417 - Publish May 27, 2004. rrcrursr ~a~ SUBZ003.00014 VAR2003.00086 VAR2003.00087 VAR2003.00088 VAR2004.00025 MEYERS EARN NO. 2 SUBDIVISION I F iES. DR • NOTICE TO MORTGAGEE, LIENHOLR, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. PUBLIC HEARING NOTICE CITY OF TIGARD Community Development Shaping ,4 Better Community NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. JUNE 14.2004 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: "URBAN SERVICE AREA" FILE NOS.: SUBDIVISION (SUB) 2003-00014 DEVELOPMENT AD USTMENT AR 2003-00086 DEVELOPMENT AD USTMENT VAR 2003-00081 DEVELOPMENT AD USTMENT VAR 2003-00088 DEVELOPMENT AD USTMENT VAR 2004-00025 FILE NAME: APPEAL OF MEYERS FARM NO. 2 SUBDIVISION APPLICANT: George J. Marshall OWNER: George J. Marshall PO Box 91249 PO Box 91249 Portland, OR 97291 Portland, OR 97291 ITEM ON APPEAL: On April 29, 2004, the Director issued a decision to approve a request for Subdivision approval to create 44, single-family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. The following Adjustments have been also been requested: (1.) To exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to 20%); (2.) To exceed the 12% grade for longer than 250 feet (SW Cooper Lane: 275 feet); (3.) To reduce the right-of-way width on SW 163rd Avenue from 54 to 46 feet; and (4.) To eliminate sidewalk planter strips on SW Pollard Lane, SW Cooper Lane, SW Bray Lane, SW 163rd Avenue, and a portion of SW Dekalb Street. On May 13, 2004, an appeal was filed by the applicant pertaining to the imposition of conditions of approval No. 4 & 5. Condition No. 4 requires that the tree removal plan be revised so that less than 50 percent of the existing trees on site are removed, per the Bull Mountain Community Plan. Condition No. 5 requires the applicant to submit a tree protection plan that follows the recommendations of the city forester. LOCATION: The subject site is located south of SW Bull Mountain Road, west of Meyers Farm No.1 Subdivision. Washington County Tax Assessor's Map No. 2S108BC, Tax Lot 11900. COMP. PLAN DESIGNATION: Medium-Density Residential District. ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapter 18.790 (tree removal) and the Bull Mountain Community Plan. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD HEARINGS OFFICER AND CITY COUNCIL AND AVAILABLE AT CITY HALL. • • 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. 2438 (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. IF A PERSON SUBMITS EVIDENCE OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO 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 197.763(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 THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. 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 (25C) 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 (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, OR BY EMAIL TO morgan@ci.tigard.or.us. AGENDA ITEM NO.: 2.1 DATE: JUNE 14, 2004 PAGE 1 OF FILE NAME: "APPEAL" OF MEYERS FARM NO. 2 SUBDIVISION CASE NOS.: SUBDIVISION (SUB) 2003-00014 DEVELOPMENT ADJUSTMENTS (VAR) 2003-00086, 87, 88 & VAR2004-00025 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT- Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 142iblm-71 wr<-- tKw km cf-T2tc) dl~~ - Na e, Addr ss, Zip Code and Phone No. Name, Address, Zip Code and Phone No. -"380 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 1 Name, Address, Zip Code and Phone No. _TName, Address, Zip Code and Phone No. 1 I - - - - - 1 - - - - - - - - - - Name, Address, Zip Code and Phone No I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone go- . 1 01 M BullivantI Houser) Bailey Pc Attorneys at Law JOHN M. JUNKW Direct Dial: (503) 499-4613 RECEIVED PLANNING E-mail: john junkin@bullivantcom JUL 0 2 2004 June 30, 2004 CITY OF TIGARD Via Facsimile and U.S. Mail Morgan Tracy Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Meyers Farm II Subdivision (SUB 2003-00014) Dear Morgan: Attached please find a copy of the letter I am providing to Hearings Officer Epstein informing him that on behalf of my clients we are withdrawing the appeal in the above matter. My clients are taking this action based upon our further discussions with you regarding the staff' position as set forth in the May 11, 2004 staff report on this matter. Specifically, it is understood that the staff's position in this matter regarding the application of the County's Bull Mountain Community Plan (Summit and Slopes Subarea) text, is consistent with the staff position in the matter of the Summit Ridge Subdivision, in that the text provision of the County Plan in regard to preservation of trees is to be applied to 12" trees and greater, consistent with the City's Tree Removal provisions as set out in City Code Section 18.790. Further we understand that staff is willing to consider the County's previous administration of the plan text, specifically wherein the County concluded the tree preservation provisions within the text plan is not applicable to trees within a development's proposed ROW and utility easements (or lands adjacent thereto). We appreciate your assistance and cooperation in this matter. Very ly yo rs, ohn M. u cin JMJ:dw Enclosure cc: Clients 10068865.1 300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 • 503.228.6351 Fax 503.295.0915 www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas . 9% • • M BullivantI Houser) BAeyPC Attorneys at Law JOHN M. JUNKIN Direct Dial: (503) 4994613 E-mail: johnjunkin aC3bullivant.com RECEIVED PLANNING JUL 0 1 2004 CITY OF TIGARD June 30, 2004 Via Facsimile and U.S. Mail Larry Epstein Land Use Hearings Officer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223. Re: Meyers Farm II Subdivision (SUB 2003-00014) Dear Mr. Epstein: Upon further review of the staff s decision in the above matter and discussions with staff, my clients have elected to withdraw their appeal and will proceed with the development in accordance with the staff s position. Thank you for your assistance and time to this matter. Very truly yours o AM. un n JMJ:dw cc: Clients Morgan Tracy 10068870.1 300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 • 503.228.6351 Fax 503.295.0915 www.builivant.com I Seattle Vancouver Portland Sacramento San'Francisco Irvine Las Vegas • • "TAB A" Testimony Received at the Public Hearing. a o Bullivant Houser BAeyPc Attorneys at Law JOHN M. JUNKIN Direct Dial: (503) 499-4613 f-mail: inlm,iunkiii ibullivant.com June 14, 2004 Via Hand Delivery Larry Epstein Hearings Officer City of Tigard City Hall Re: Appeal of Meyers Farm No. 2 Subdivision (SUB) 2003-00014 Dear Mr. Epstein: I represent the applicant, Tom Weber, in regard to the above-referenced matter. The application seeks approval of the second phase of what will ultimately be a three phase subdivision. Meyers Farm No. 1 was approved in August 1999 (see Notice of Decision, attached hereto). In the instant matter an issue has arisen in regard to the application of the Washington County Bull Mountain Community Plan text. Specifically, the Summit and Slopes Subarea, Design Element No. 5, which provides as follows: Because trees are such an important natural and scenic resource on Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shall indicate the mature trees planned for removal and describe the replacement programs. Replacement trees must be of at least 1-1/2 inch diameter. Staff has proposed to apply this text with Condition No. 4 to the Meyers Farm No. 2 approval. Condition No. 4 states: "Prior to site work, the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non-hazardous trees on site are 300 Pioneer Tower, 888 SW Fifth Avenue, Portland, OR 97204-2089 ® 503.228.6351 Fax 503.295.0915 www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas • • Larry Epstein June 14, 2004 Page 2 preserved." The staff report summarizes how the City has come to be obligated to consider the plan text of the County's Bull Mountain Community Plan. Basically, that requirement is the result of an intergovernmental agreement between Washington County and the City of Tigard providing for the City to assume day to day land development responsibilities for the unincorporated Bull Mountain area of the County. The transfer of land use development responsibilities to the City included the County's adoption of Ordinance No. 487, which among other things, provided that for the affected areas, the Washington County Conu-nunity Development Code was replaced with the City's Development Code (Ord. 487, Section 801- 4); that any inconsistent County regulations were determined to be inapplicable (Ord. 487, Section 801-4.2); and that questions regarding the regulations and plan provisions to individual development and applications were left to the "decisionmaker" (Ord. 487, Section 801-5). Ordinance 487 went on, however, to assume the County's West Tigard and Bull Mountain Community Plans were consistent with the City's Comprehensive Framework Plan and Development Code and that therefore, the transfer of land use regulation applicability from the County Development Code to the City Development Code would not result in any inconsistency as between the text of those community plans and the City Development Code (Ord. 487, Section 801-7.4 It is assumedly with this background that in regard to the above Design Element No. 5 plan text, the City's Planning staff has presented the question of "what was the manner in which these provisions were applied before enactment of this ordinance?"; and invited the applicant to provide that evidence through previous Washington County land use decisions. We have met with County planning staff who have informed us that in no prior subdivision application within the Bull Mountain Community Plan's Summit and Slopes subarea, was the above Bull Mountain Community Plan text applied. Further, that the only available documented evidence of the application of this plan text provision was found in the decision regarding a Tree Removal Permit for the Woodhue Estates Subdivision (Casefile 91-562-TREE), attached hereto. In that case the County staff confirmed findings of the Woodhue Estate Subdivision's efforts to minimize loss of trees and vegetation; authorized the removal of trees within the proposed ROW or adjacent to the proposed ROW; required all other trees be removed on a "lot by lot" basis; and that such removal be done in accordance with the applicable County Development Code provisions. The application of the subject design element text should be placed in the context it was first presented - i.e. as part of the County's comprehensive planning process and adoption of the County's plan in 1984. The subject text provisions, if applied literally, would not appear to allow any mitigation of tree removal, or even consideration of removal of CHID D www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas Larry Epstein June 14, 2004 Page 3 hazardous or diseased trees. Further, it is not in context with today's requirements to meet minimum density of housing - rather if literally applied it would limit cutting of not more than 50% of the mature trees within this subarea without any consideration of those issues or impacts. In addition it can be assumed that a sapling in 1984, at the time the plan text was adopted would likely today be a mature tree by the plan's standards (six inch diameter or greater). Effectively the literal application of the text language would result in an impracticable if not impossible situation - and likely such a limitation could constitute a taking of property. Therefore, the City's approach to considering the County's application of the subject text provisions, prior to the City's assumption of regulating land development within the Bull Mountain Community Plan area, is appropriate. In discussions with the County staff, they have informed the applicant they would consider providing the hearings officer a letter stating the County's application of the subject plan text when this subarea of the Bull Mountain Community Plan was under the County's land development authority. However, that letter will not be available until later in the week and therefore the applicant will necessarily ask that the hearing be continued or the record left open pursuant to ORS 197.763 (6)(b) or (c) respectively. Ver my y urs, John M. Junkin JMJ: dw Enclosures 10063774.1 M www.builivant.com I Seattle Vancouver Portland Sacramento San Francisco Irvine Las Vegas • WASHINGTON COUNTY DEPARTMENT OF LAND USE AND TRANSPORTATION '.AND DEVELOPMENT SERVICES DIVISION i mORTH FIRST AVENUE HiL ILLseoaSBORO, OREGON 97144 64&8761 STAFF REPORT & NOTICE OF DECISION 7M:_1 IZY M: 4 KM: Bull Hountain UM LISP =9MCT• '6 (~eSi a 6 LU11tSLs'lI rel 0% CASEF=: 91_5G2:~= APPUCUR: OMK. Ina. Ad' N& 17355 STET Boones BY.Ad. EM M Iake Ost SM, CR 97035 BANS PimFOM CEVIIDAM ACTICN• lYee Iimooval Fe>a>ut far the Fboftm Bj&Xt S Subdivision Rbrvuclh Casefile 90-177=9,jn WM Suer 26, 1991 The applicant has proposed to remove approximately 175 trees (mixed species) in order to continue lion of the Woodhue Estates Subdivision. Staff has reviewed this proposal pursuant to the following Washington Comty Cmmn-dty Development Code Sections: Section 407-3 Tree Preservation and oval.: Staff has also reviewlad this request in light of findings made by the applicant and staff for Casefile 90-177-S/CWAV. : The applAcant tas submitted information that addresses and meets the requirements of Section 407-3. However, as a result of the bAi Mornta~.n Camwnity Flan (super-Alcally, Subarea Design Element - SDE - #5) only 50% of the trees of any parcel may be removed for development. ..Sly' ,¢5 Airther states that replacement trees necessary for slope stabilization stall be no leas than 1i inches in size. staff findings for Summ1VS1copes SL?F. #5 were made in the Staff Report for Casefile 90-177... and are as follows: "Prior to final approval, the applicant will be required to provide a tree survey showing all trees cn-site whic'b are gx-eater than six inches in diameter. This tree survey will be required to show which of these are to be removed for imnstruction so that no more than 50$ of these trees will be .removed." :Following are the applicant's findings for this same SDE: 91-562- IRM Page 2 "Due to the uniform tree ooverage found on the subject property, the location of roads and utilities will have a simila.• inpact with any design. However, the design attempt-.s to minurize grading for streets, utilities and buildings in order to minimize the removal of vegetation. In addition, the large lots will allow an in=mw in the amount of trees which will be preserved. A slope stabilization and revegatation plan will be submitted as part of our final utility and grading plan." Other findlings madL by the applicant pertaining to tree preservation for Casef~le 90-177... are as follows: "In designing the preliminary plat we have provided lots with a minimmi,~ of 9000 _:quare feet as opposed to the 5000 -,u m faFt allowed within the designation R-6 zoning. Tr .a ; nc -eased lot size will result in fewer homes and a iesulcant uicrease in the number of trees retained. Mn addition, tree removal restrictions will be included in the conditions, ca wwjts and restrictions reoordled with the final subdivision plat." M& amlic.ant fiudim was 9olhe tree cover is fairly consistent throughout the site with the exoerti.on of the two drainage corridors which were cleam' (.,,urini construction of the sir lines. No trees will ~e removed prior. to obtaining a development permit." ~('iSr►iaiicant finding was for GM #3 Of the Bull N mtain ommIIlitY Plant. "A preliminary grading plan has been made a part of this application and is listed as Exhibit "G" (see Casefile). A final grading plan will be submitted and approved prior to any clearing, grading, filling or excavating on any steep slopes." M]jg applicant finding was for shy #3.of Plan). "The proposed plat and acoa)anying utility plans were designed to minimize vegetation removal while also providing suitable utilization of the property. Steps will be taken to protect existing vegetation during constniction. In addition, a plan will be developed and implemented to decrease the potential of erosion, surface r noff and prevent earth movements. M _us aWlicaartt firdira was for SEE #4 of the Slmmit/Slaaes Subareal . "Proposed development in the drainage hazard areas will consist of road crossings and utility extensions. In areas identified as significant natural rescuroe, care will be taken to minimize grading and removal of vegetation. The design of the proposed wiWivision 91-562-TREE Page 3 minimizes paved areas in proximity to the significant natural resource areas. In addition, the number of twits proposed is only 47.5% of the units allowed by the Washington Ootutty Code. Ibis reduction in units will result in less bpact an the significant natural resource by reducing the mount of bman activity. The large size lots also result in fewer units adjaoent to the drainage hazard areas." IS am"= finum WO merle for Se---ion 422 of the Ommmdty Develcmw* Codel . Tlhroughout the Staff Report for Casefile 90-177..., Staff tttade similar findings (enforcing the need to preserve trees) for each of the above Ccmunity Plan and Code Standards, leading Staff to place the following conditions of approval on the PrVPM +1. CONDITION V.a.S.: Submit a tree survey which shows all trees on the site six inches in caliper and greater. This survey should also delineate those trees to be removed. No more than 50% of the trees on the site shall be removed. CONDITION V.F.2.: No tree over six itches in diam..-ter shall be ranoved without written approval of the Land Develc9n2nt Manager. otaff finds that these conditions of approval fcw Ca file 90-177-S/CWAV are being omplied with through the submission of this application. However, staff further finds that Phase I (appr+oximately i of this development) is already constructed without obtaining tree removal permits, and with disregard for the applicant's own findings in Casefile 90-177. Staff notes that, in accord with Section 407-3.2.8., some trees on the site are/were exeatpted from removal permit requirements. These trees are: "located within or adjacent to a public (road) or public utility right-of-way or easement, when such trees are approved for removal by a public agency or pubic utility". Due to Code Section 407-3.2.B., Staff estimates that approximately 25% of the total tzves on the site were exmi t from tree removal permit req:,irWnts. However, because nose. I has already been constructed without the proper tree removal permits, and in contradiction to the applicant's findings for tree preservation in Ca file 90-177..., Staff will not aliow the extensive removal of the remaining trees that the applicant has requested with this application. Therefore, Staff grants approval of this application pursuant to the following conditions: 1. Tree Removal is granted for those trees within the proposed roadway right-of-way ONLY (trees adjacent to the proposed right-of-way may be removed if necessary for the construction of the mad). All other tree removals shall take place on a "lot by lot" basis. All other proposed tree removals shall be in addition to this permit and shall be acquired through the building permit process for each lot. 91-5(."-IRS 0 Page 4 3. All to ea removals shall take place in ac c t zd with Code Sections •407-4 and 407-5. 4. Trees to rtuain an the site shall be prabeated from construction equipment and equipment storage by placement of a aonstYuetion fence halft-ray between tree ton* and tree drip line. 5. In aoc cru wiLi Sum it,/Slopes SCE #5 r a slope wid vegeAt tan zwtauilization plan shall be submitted. Any replaaenelt trees shall be at lea_rt ii inches in diameter. %Wruva'. _..._._Apprvval wit Cox-ditions J _ Dwiial_ G Joe 9 Nam: A~es_o1l I►iftmoatiatl is &.%gcbed as Attadme t. "A". 51562/M r .'akun*~r;re,;:F(_n~ rj;::~'ASt`~.ta:'e4~, ;t~;; .,o ~ _ ~ ~ ~ ~ ~ ,...••*~u;m•,,;•c. , i i r fl , . l rLwz h NOTICE OF TYPES 11 DECISION ' Ji1URRAN `SERVICE,"AREA" SI 1001VIS'ION _(SU.B} 1999=00002 } . cmroFnoaRD 0iMilftent co f mura i MEYES FARM:'SIJBDII✓ISION ; sic u 120 DAYS = 10/19/99 SECTION I. APPLICATION SUMMARY ""URBAN SERVICE AREA" FILE NAME: MEYERS FARM SUBDIVISION CASES: Subdivision SUB 1999-00002 Adjustment VAR 1999-00016 The applicant has requested approval to divide 3 lots totaling 18.89 acres into 119 lots. The applicant has also requested a temporaryadjustment to the front yard setback for the lots identified as lots 91 and 102. APPLICANT: APPLICANT'S REPS: OWNERS: COMPREHENSIVE PLAN DESIGNATION: ZONING. DESIGNATION: LOCATION: APPLICABLE REVIEW CRITERIA: Claremont Properties Dev. LLC Contact Person: Tom Weber P.O. Box 91010 Portland, Oregon 97291 Bill McMonagle Harris-McMonagle Associates 12555 SW Hall Boulevard Tigard, OR 97223 Fay Meyers 16010 SW Bull Mountain Road Tigard, OR 97224 Medium Density Residential, R-7. R-7. • Lamoine Eiler Lamoine Eiler Design 2336 SW Osage, Suite 603 Portland, Oregon 97205 Francisco and Flordeliza Irlandez 16190 SW Bull Mountain Road Tigard, OR 97224 The subject site is located at 16010 and 16190 SW Bull Mountain Road; WCTM 2S10800, Tax Lots 2300, 2304 and 2305. Community Development Code Chapters 18.390, 18.370, 18.430, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. SECTION II. DECISION Notice is hereby 'given that the City of Tigard Community Development Director's designee has; gPPROVED :the above request subject toycertaintconditions.of approvalt,J The findings and.?conclusions oriwvhichheedecision istbased are noted m. Section y of this Decisions _ Yr M k°°°" ,t J Y,. 0 NOTICE OF DECISION PAGE 1 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION T , t CONDITIONS OF APPROVAL ` PRIOR TO C6 I~lME067" G ANY ON=SITE IMPROVEMENTS; INCLUDINGGRADING; EXCAVATION;.; ANDlOR'F1LL;THE>= Lf.OWING CONDITIONS SHALL BE SATISFIED Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval: 1. Prior to Final Plat, either plant the proposed on-site tree mitigation or submit a bond for the trees to be planted on site. Submit a deed restriction for the mitigation trees prohibiting removal unless they, pose an immediate hazard to life or property or are dead br diseased. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 2. Prior to commencing on-site improvements, a public improvement permit and compliance agreement is required for this project. Seven (7) sets of detailed public. improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). 3. As apart of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements.. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 4. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to ark on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. -5. Any necessary off-site utility easements shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City prior to construction. 6. The applicant's construction plans shall indicate that they will construct a half-street improvement along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 22 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; n c4nrm rlrninnnc innlivlinn nnv riff-cifn ctnrm riminnna narraecarv to mnvAv -,IirfAce and/or v. .wa.unuyv, uivwaan .y au vn ....w vw.... y.., subsurface runoff; E. 6 foot concrete sidewalk; F. street trees behind the sidewalk spaced per TDC requirements; G. street striping; H. streetlights as determined by the City Engineer; 1. underground utilities; J. street signs; and K. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. 7. 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 interior subdivision streets. Improvements shall be designed and constructed to local street standards. NOTICE OF DECISION PAGE 2 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION 8. A profile of SW Bull Mountain Road shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 9. Profiles of all streets to be stubbed to site boundaries shall be required, extending 300 feet beyond the site boundary, showing the existing grade and proposed future grade if the street were to be extended. 10. The construction plans shall indicate "No Parking" signs on one side of the 28-foot-wide streets proposed. 11. The street shown as Street "A" on the preliminary plan shall be named "SW 161 st Avenue". 12. The construction plans shall show that SW 161St Avenue will be stubbed to the south boundary of the site, as shown on the preliminary plan. In addition, the applicant shall provide a physical connection between the existing access roadway to the south of this site and the end of the street stub. A temporary asphalt pavement driveway entrance shall be provided at the end of the stub street to provide an entrance to the realigned private access roadway. The design engineer shall work with the Engineering Department to produce a signage plan for the end of the stub street that will clearly delineate the ending of the public street and the beginning of the private roadway. 13. Once the public streets in this development are constructed and approved by the City, the applicant shall physically close off the existing private access roadway entrances at Bull Mountain Road, SW Dekalb Street and the south boundary of this site. It may be necessary to reroute the private access through this site while the streets are being constructed.. The applicant shall ensure that the property owners to the south have uninterrupted access to their properties. 14. 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. NpOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 15. The public sanitary and storm sewer plans for this project shall be reviewed and approved by USA prior to construction. 16. 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." 17. A final rading plan shall be submitted showing the existing and proposed contours. The plan shall de ail the provisions for surface drainage of the lots, and show that they will be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. The plan shall incorporate the recommendations from the geotechnical report and shall be consistent with the requirements of Appendix Chapter 33 of the. Uniform Building Code (UBC). 18. The recommendations of the geotechnical 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. 19. 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. 20. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. ~'~PRIOR TO APPROVAL OF THE `FINALzPLAT THE FOLLOWING ° a; CONDITIONS OF AP;PROVALIWUST BE MET 'A NOTICE OF DECISION PAGE 3 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • ~ t Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval: 21. Submit a revised plan that shows the average lot width for all lots, including lot 19 and 20 will be no less than 50 feet. 22. Revise the plat so that lot 11 has at least 25 feet of frontage. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 23. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $3,570. 24. Additional right-of-way shall be dedicated to the Public along the frontage of SW Bull Mountain Road to increase the right-of-way to 33 feet from the centerline. This dedication shall be shown on the face of the final plat. 25. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C.' The right-of-way dedication for SW Bull Mountain Road shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project; or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. 26. The final plat shall indicate a wider public utility easement (PUE) than the typical 8-foot easement to account for the planting of the street trees outside of the right-of-way. 27. The applicant shall either place the existing overhead utility lines along SW Bull Mountain Road underg ound as a art of this project, or thy shall pay the fee in-lieu of undergrounding. The fee shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $17,463 and it shall be paid prior to approval of the final plat. u THE'FOLLOWING CONDITIONS' SHALL BE' SATISFIED PRIOR TOuTHE' iSSUANC`E OF,BUILDING' PERMITS:`y Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 28. The applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 29. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are completely finished, and 4) all street lights are installed and ready to be energized. 51 IN ADDITION, THE APPLICANT SHOULD: BE AWARE OF THE FOLLOWING SECTIONS OF THE ;COMMUNITYDEVELOPMENT CODE, THIS IS:NOT AN EXCiLUSIVE LIST: NOTICE OF DECISION PAGE 4 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recordin : Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. Three copies of the subdivision plat prepared by a and surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, The tops of all monument boxes shall be set to finished pavement grade. NOTICE OF DECISION PAGE 5 OF 26 SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION • • 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including but not limited to those required for electric, communication, lighting and cable television services ana related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18,810,130 Cash or Bond Reauired All improvements installed by he subdivider shall be guaranteed as to workmanship and material for a period of one-year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit The paid and permit issued. 18,810.180 Notice to Ci Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land dividers 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. THISAOPPRO, A4- S.$' LL BE ~/ALIDrFOR'~`8 MONTHS ' ,FROM .THE,EFFECTNE' DATE OF$THIS,RECIS.,ION SECTION III. BACKGROUND INFORMATION Site History: City records do not indicate any previous development approvals have been granted for these properties. Site Information and Proposal Description: The site consists of three parcels that will be combined to form a single subdivision. The Meyer property, Tax Lot 2300, is 14.01 acres in size. The Erlandez property, consisting of Tax Lot 2304 and 2305, is 4.88 acres in size. Combined, these parcels will form the Meyer's Farm subdivision, with a total area of 18.89 acres of land. The site slopes from a high point of 449 feet of elevation in the southeastern comer of the property to a low point of 346 feet on the western boundary. The grade varies across the property from 9/o to 15% slope, with the steepest grades occurring in the southwestern third of the site. The site is currently occupied by two existing homes. The house and garage on the Meyer property occup an area defined by Lots 91 and 102 of the Meyers Farm subdivision. The applicant has proposed thaNhese structures will remain in place as long as Mrs. Meyer chooses to live on the property. At the point in time that Mrs. Meyer is no longer living in the house, the structures will be removed antwo new homes will be built on these two lots. The applicant has indicated that the Erlandez family plans to continue living in their home, but in order to accommodate the lofting pattern that is being proposed in the development plan, the house will be moved a short distance to Lot 60 of the Meyers Farm subdivision. NOTICE OF DECISION PAGE 6 OF 26 SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION .The Meyer's Farm site does not lie within any significant natural resource areas as identified by the Bull Mountain Community Plan. The geotechnical report that has been submitted with this application confirms that there are no areas of unstable ground on the site and the terrain does not exceed slopes of 25%. Vicinity Information: The northern boundary of the site abuts SW Bull Mountain Road, which has been designated a major collector street. The Pleasant View subdivision forms the eastern boundary of the site. The southern property line abuts the urban growth boundary, with sin le-family housing on large lots directly to the south. The western boundary abuts the Stanley property, which is zoned R-7 and currently occupied by an orchard. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Development Code requires that property owners within 500 feet of the subject site be notified of the proposal and be given the opportunity to provide written comments prior to a decision being made. Staff received several comments that are summarized below. A summary of the comment or concern is stated in bold and the Staff response to each comment follows. Copies of the letters submitted are in the public record and are available for review at the City. Lots Abuttina Pleasant View I Many people wrote regarding the lots abutting the Pleasant View Subdivision. People thought the rots should be larger than 7,500 square feet for neighborhood aesthetics (to act as buffer) People also felt that having larger lots would allow for 3 car garages which in turn would allow adequate off-street parking for a safer passage of traffic. The City does not have the authority to require lots larger than that required by the code. In addition, the City does not have design criteria to require homes to provide 3-car garages. There are minimum arking standards that require all single-family residences to provide for 2 off-street parking spaces. The developer has indicated 2-car garages will be provided as well as 20 feet from the face of the garage to the street. This is more than can be required by the development code. Dekalb Street: There was concern raised that only one direct access from the new subdivision to Bull Mountain will result in traffic increases on Dekalb and that most traffic will go through Pleasant View as an easy way out of the Meyers Farm Subdivision. Some people asked that Dekalb be blocked until home construction is complete to eliminate construction traffic on Dekalb. Others asked that speed humps be installed between Meyers Farm and Pleasant View to mitigate the increase in traffic due to the proposed connection. Traffic increases on Dekalb are discussed in this decision under PUBLIC FACILITY CONCERNS, page 20. In addition, construction traffic will be regulated and will not be permitted to take access from Dekalb Street. An individual indicated that "in a March 8, 1991 Interagency Memorandum from USA, USA stated that there was some concern as to the impacts to downstream parcels. They stated this may result in a loss of density on the Pleasant View subdivision. Pleasant View was developed at a density of approximately 2 units per acre. The applicant needs to demonstrate that they can develop this , project without impacting downstream parcels. Have things changed downstream to address this concern in 1991?' This memo was written in 1991 at which time the density was R-6. The possible reduction in density referred to in the memo would have been as a result of the size of water quality (WQ) facility required. Staff can not determine from this memo if the writer had any idea how the facility would affect density, however, it appears they were acknowledging that the resulting loss of square footage from lots could have resulted in a loss of density. The applicant in the Meyers Farm Subdivision has provided a water quality and detention facility which is of adequate size to serve this development. A concern was raised that the intersection of Dekalb and "A" Street should be realigned so that it intersects at a 90-degree angle instead of being offset as proposed. NOTICE OF DECISION PAGE 7 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • A skew angle (interior) at an intersection of no less than 75 degrees is permitted. Engineering Staff did not indicate concern with the angle proposed, however, it will be reviewed and enforced during construction plan review. Construction Traffic: One person indicated that they would like the hours of construction limited to 7:00 am to 6:00 p.m. with no construction on Sundays. There was concern about the construction traffic increasing existing problems on Bull Mountain. One person stated that large vehicles adding to the existing problems on Bull Mountain would violate 18.705.030, Section G. They suggested as an alternative that construction traffic be routed to Bull Mountain via Beef Bend, which would avoid passage through the curves and allow a simple right turn into the subdivision instead of having to make a left turn. This idea was supported by the Washington County's Sheriffs Office. Construction traffic will be approved as part of the public permit process. The Development Review Engineer has indicated that traffic will be required to access Bull Mountain Road from Beef Bend. The Tigard Municipal Code and Public Improvement Design Standards limits on the hours of construction, from tam-9pm or darkness, Monday-Friday and from 8am-9pm on Saturdays. In addition, no collector lane closures shall occur between 7 am and 9 am or between 3:30 p.m. and 6:00 p.m. Grading Before Final Construction Plans Are Approved: A few people indicated that they do not think it is a good idea to allow this because of the uncertainty of how City Staff and the developer have stated the easement will be addressed. They also state that, while the developer has indicated they will make any necess wary revisions, they may put pressure on the City to limit changes and to resist changes that ill cause increased financial burden. Staff shares many of these concerns and, therefore, is not approving the grading at this time as requested. The City may consider allowing grading after a detailed plan has been submitted and reviewed and approved by the Engineering Department. This is discussed is detail under PUBLIC FACILITY CONCERNS further in this decision. Future Street Pattern: Concern that= as shown on the future street plan, Dekalb Street will connect to 150th will result in Dekalb being a minor collector. Streets should be designed to direct traffic to collectors and then to arterials rather than funneling traffic through neighborhoods. The applicant is required to submit a future street plan to show that their development will not preclude future development. This does not mean that all future development must occur in accordance with this conceptual plan. Any new subdivision will be reviewed for compliance with all applicable development code standards when it is submitted, which will include evaluation of street connections. Water Pressure: Many people raised issues with the water pressure, stating that they had recently seen a decrease in water pressure in their own homes. Staff contacted the Water Department to inquire about the water pressure issue. It appears that the _a_ a_r I- __r. _r r. a_ L.F.. L.,.: rel.. -rk;- nrr.hlom h-MC waLLU1 pressure IIau Ueen reuuLuU UUe Wa preSSUIe IUYUICILUI UCIIIg incorIecru JGI. I IIto N1 vumciII .1u., been fixed. The water department has not indicated a problem in providing water of adequate pressure to this development. School Overcrowding: Many people were concerned that this development (with 119 homes) would add to the overcrowding in schools. While this is an understandable concern, the City can not prohibit development due to school overcrowding without a moratorium being declared. Moratoriums are regulated by state law and must be limited in duration for the period of time needed to correct the problem. In addition, state law does not permit requiring developers to pay for increased capacity in schools. In any event, the School district provided the applicant with a service provider letter prior to submittal of the application that indicates there will be adequate capacity to accommodate new students. NOTICE OF DECISION PAGE 8 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION • • Need For Greenspace: Many people were concerned that this development is not proposing greenspace. They were concerned that with the small lots and "high' density, greenspaces are necessary because the lack of open space forces children to play in the street. To begin with, an R-7 zone is not high density and is actually classified on the lower-end of medium density. In addition, there are many homes constructed in Tigard, as well as the Metropolitan area, on lots the proposed size or smaller and do not have greenspaces associated with the development. In any event, there are no provisions in the code to require a subdivision to provide green spaces or open space. Citizens are encouraged to participate in the City Council process and the Citizen Involvement Team (PIT) process where they can have an opportunity to comment on City policy when it is being reviewed. Please note, that this development can only be reviewed under the standards in effect at this time. Even if policy were to change, Staff can not require a development currently under review to comply with standards adopted after the application has been submitted. The City has a park and open space program. It is, however, limited. Prioritization of projects and park acquisition are addressed through the parks plan. Possible Increase In Crime Due To The Crowding, No Fencing In Pleasant View And Lack Of Police Protection: While this concern. may be valid, there are no provisions for Staff to deny an application for a Subdivision based on the potential for increased crime. There are also no standards that allow Staff to require fencing between two single-family developments. Easement Road: There was quite a bit of concern about traffic conflicts with the existing easement road and concern about the existing amount of traffic on the easement road. Several people asked that it be eliminated as a condition of approval. Others asked that Dekalb not be extended between the Pleasant View Subdivision and the proposed subdivision which would eliminate traffic conflicts in that area. One individual questioned if there was a legal issue of a street crossing an existing easement without permission from the easement holders. Staff agrees that the existing easement road may create unsafe traffic conflicts and are, therefore, requiring. the easement to be closed with access to the easement users provided from Street "A". This is discussed in detail under PUBLIC FACILITY CONCERNS. Staff can not require the easement to be vacated, however, because that is beyond the control of the applicant. It is highly recommended, however, that the easement be officially vacated. Many people were concerned about the lack of a buffer between the existing homes and the new subdivision because they felt they would lose privacy. Staff can not require buffering or screening between two single-family residential uses. Although no landscape buffer is required, the applicant is proposing to build a 6-foot cedar fence and plant. mitigation trees along the entire property boundary between the Met'er's Farm subdivision and the Pleasant View subdivision. The applicant is also proposing to plant trees along the southern and western boundary of the subdivision. These trees will help act as a visual buffer. There was concern that the proposed trees would not remain after the homes were purchased, however, because these trees are meeting mitigation requirements, deed restrictions will be required that prohibits the removal of these trees unless they pose an immediate hazard to life or property or are dead or diseased. One individual indicated they want power poles and utility lines buried within the project and those located on the eastern boundary of the property. All utility lines within the project area will be required to be buried. Staff can not enforce the undergrounding of lines on the eastern boundary-line because it is not a public street, however, this is strongly encouraged. There was a concern about. noise pollution caused by lawn mowers and loud music and air pollution caused by Bar-B-Q, too many wood stoves, cars, dryer vents, furnace vents, fireplaces. NOTICE OF DECISION PAGE 9 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION • • Staff can not deny an application because of the threat that pollution will occur, especially when the concerns cited were typical of any residence (single-family or multi-family). The Tigard Municipal Code has provisions that regulate nuisances such as noise. If problems anse as a part of this or any subdivision, property owners may contact the Code Compliance Specialist. Traffic: Many people were concerned about increased traffic in Pleasant View, on 161St and Bull Mountain. There was a concern that people already speed, which will make increased traffic even more dangerous. They were concerned that an increase in traffic and commute time will impact livability for existing residents. Several people stated that Bull Mountain Road was not designed to accommodate this amount of trafc. One individual cited Chapter 18.705.030, Section G regarding inadequate or hazardous access, stating that increased traffic will result in increasing existing hazardous traffic conditions which would constitute a clear and present danger to the public. Traffic issues are discussed in detail under PUBLIC FACILITY CONCERNS on page 20 of this decision. The Code citation referred to is for access (meaning driveway access). The development is not proposing access that is unsafe because all lots will come out onto local streets and the access into the development is via a public street at an acceptable location. The director has, however, used this standard to require the access to the existing easement to be closed because it was determined by the City Engineer to be unsafe. Safety of Bull Mountain (curves): Many people raised concerns about the safety of Bull Mountain Road, especially at the intersection with Roshak Road. They pointed out existing characteristics such as it being narrow without any turn lanes, no sidewalks, steep roads, poor visibility and the speed limit as contributing to unsafe conditions. Some would like to see turn lanes for both exiting and entering the new development so that there is no build-up at this area. They state that because there are no sidewalks, it is not possible to safely walk and bicycle outside the neighborhood. An individual indicated that Bull Mountain is already so busy it is hard for others to pull out of driveways and streets. Another asked that the project be delayed until Beef Bend construction is complete and the speed limit along Bull mountain is reduced to 30 mph. These concerns are addressed in detail under PUBLIC FACILITY CONCERNS. Several people raised issue with the possible reduction in property values as a result of this subdivision being approved. Staff can not deny a subdivision based on the potential Ao decrease property values of existing parcels. The existing homes were built under the R-6 zone and the developer chose to build larger tots than required. All future development should not (and can not) be required to conform to development that was built at a lower density than permitted in the zone. Compatibility With Existing Homes: Man people were concerned about compatibility with existing neighborhoods. One comment statedthat the proposal had a "cookie-cutter" feel rather than idividually planned and designed homes. Several referred to Pleasant View as a good example of mixing old development and new development. One person wrote "The development plan presented appears as a very uninspired warehouse approach to building a neighborhood. This does not by any means compliment the Pleasant View development or the area of Bull Mountain. Is this the general approach by you to make the entire Tigard to look like the 99W trashway?" Others want convents and restrictions (CC&Rs) similar to Pleasant View. This area has been zoned R-6 since at least 1983. In talking with a Staff member at Washington County, 20-50 years ago the area did have a much larger lot requirement because the homes were on septic and larger lots were required. Since that time, sanitary sewer has become available to the area and the zone has changed to allow smaller lots. This area is inside the Urban Growth Boundary which means it will be developed at urban densities. The Pleasant View Subdivision was constructed when the market demand was different and the price of land was lower. In addition, when the subdivision was approved, there was no minimum density required. Pleasant View Subdivision would not be approved today because the standards have changed. The City of Tigard does not have design standards for single-family residences, therefore, as long as the proposal meets the standards, we can not control the look of the subdivision or require CC&Rs that regulate the look of a development. NOTICE OF DECISION PAGE 10 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION .One person was concerned that the proposed stone wall will ruin the neighborhood feel. While Staff does not disagree that walls around subdivisions detract from an overall community feel, they are permitted and commonly found in residential developments. The applicant will be required to get permits for the wall, however, there is no design requirement for the type of material used. The applicant indicated that they are proposing this wall to reduce the impacts and increase the livability of the lots that will be abutting Bull Mountain Road. Some want the City to require trees to be planted in the neighborhood. Street trees are required to be planted and the applicant has proposed to plant trees along the boundaries of the subdivision to mitigate for tree removal. Zoning: Many people raised issues with the density allowed. They state that the maximum density is not compatible with existing homes along Bull Mountain. They are concerned that the density proposed will threaten their quality of life and environmental health. One individual states that the "new zoning, high-density" housing regulation is overwhelming to those who "chose a better life style for our families". Several people expressed the desire to have the City require the lowest number of homes permitted by Metro and want the density reduced especially along the line adjacent to the Pleasant View Subdivision. One person states: "fhis type of high density is better suited for a metropolitan area where one can walk to the grocery store and coffee shop, or jump on the bus to go across town". One person indicated concern with the "level of homeowner attracted to a lower income high-density housing pro ect". There were also questions about allowing this type of development trend to take pace on Bull mountain without the resources to support it. The zoning on Bull Mountain was adopted by Washinqton County. The zoning has been in affect since at least 1983. This is not a NEW zone or density, it is the density in effect for many years. The only thing that has changed is that developers now must build a minimum density (80% of the maximum density), whereas, that was not required before. The minimum density requirement is in response to a Metro mandate that all cities show how they would accommodate projected growth. Development occurring far below the permitted density Pleasant view is an example) was one of the reasons Metro required all Cities to incorporate a method for providing for projected growth. By developing lots consistent with the density permitted in the zone, it allows others to have a "better lifestyle" for their families by providing a balance of high, medium and low density developments thus providing housing for a variety of income levels instead of simply low-income and high-income. As stated previously, R-7 is not considered a high density development and has been successfully built in Tigard as well as other cities in the area. By accommodating density within the urban boundary, productive farm land and greenspaces are maintained. Sanitary Sewer Pumps: One individual stated that they wanted the applicant to pay the full cost of any new sewer pump station instead of their proportionate share. They indicate that the pumps work fine now and they should not have to pay anything (in taxes) for an upgrade. The sanitary sewer is discussed in detail under PUBLIC FACILITY CONCERNS. A jurisdiction can not require a developer to pay more than their fair share for improvements involved in a development as we were told in the US Supreme court case of City of Tigard vs. Dolan. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Impact Study: Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests:the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. NOTICE OF DECISION PAGE 11 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • Section 18.390.050 states that when a condition of a~proval requires the transfer to the public of an interest in real property, the approval authori y shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has prepared a detailed impact study that indicates the following services are available to serve the proposed subdivision: Sanitary Sewer System, Storm Water System, Water System, Traffic System, Police Services, Fire Services, Schools, Electrical Services, Natural Gas Services and Telephone Service. The various service providers responded to the applicant's request for comments indicating necessary improvements. The application incorporates necessary improvements to insure the development is adequately served. Any required street improvements to certain collector or higher volume streets and the Washington Cunt 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-Bo Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $189. The total TIF for an attached, single-family dwelling is $1,899. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is roughly proportional to the cost of dedication and construction of the internal streets. The applicant is proposing to dedicate 3 feet of right-of-way along SW Bull Mountain Road and to make half-street improvements. The estimated cost of half-street improvements along Bull mountain is $127,000 (635 feet x $200) and the estimated value of 3 foot dedication is $5,715 (1,905 square feet x $3 per square foot Upon completion of this development, the future builders of the residences will be required to pay TIF's of approximately $225,981 ($1,899 x 119 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $1706,190 ($225,981 divided by .32). The difference between the TIF paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $225,981, the unmitigated impact can be valued at $480,209. Given that the estimated cost of the dedication and half-street improvements is $132,715 the requirement to make these improvements meets the rough proportionality test related to the impact of the development. LAND DIVISION: SUBDIVISION (18.430) A roval Standards - Prelimina Plat: T e proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations The proposed project complies with the Comprehensive Plan's Medium Density Residential designation for the subject property because it complies with the applicable provisions of the Community Development Code which implement the plan. Compliance with the majority of specific regulations and standards will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern. Street layout is discussed. in more detail, and conditioned if necessary, further in this decision. An explanation has been provided for all common improvements. The applicant has' provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this decision under Public Facilities Concerns. NOTICE OF DECISION PAGE 12 OF 26 SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION .FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in this decision, the preliminary plat approval standards for subdivisions. Subdivision General Provisions: Future re-division. When subdividing tracts into large lots the Approval Authority shall require that the lots be of such size and shape as to facilitate ?uture re-division in accordance with the requirements of the zoning district and this title. The applicant is proposing to subdivide the 18.89-acre site into 119 lots ranging in size from 4,138 square feet to 9,815 square feet. The applicant is proposing to keep lots 91 and 102 as one lot at this time due to an agreement with Mrs. Meyer, the resident of the existing house. At the time Mrs. Meyer is no longer living in her house, the house and garage will be tom down and the parcel will be partitioned into the two lots and new houses will be built on the lots. The applicant's plan confirms that this lot can be divided in the future to provide 2 subdivision lots that meet the density of the over-all subdivision. Because the lot size will be less than 10,000 square feet, the applicant will need to refer to this subdivision approval to verify that a lot less than the minimum 5,000 square feet will be permitted at the time of partition. FINDING: Because the applicant's plans show that the one lot large enough to be re-divided can be partitioned in the future, this standard has been satisfied. Lot size averagging: Section 18.436.020.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The applicant has proposed averaging of the lot sizes. The minimum lot size in the R-7 zone is 5,000 square feet. Under lot averaging, the 80% standard would allow lots as small as 4,000 square feet as long as the average lot size for the entire subdivision is at least 5,000 sgware feet. The smallest lot proposed for the Meyer's Farm subdivision is 4,138 square feet in size. The average lot size for the 119 lots proposed for this subdivision is approximately 5,197 square feet. FINDING: Based on the analysis above, the subdivision complies with the lot size averaging criteria. Phased development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.)The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent on the use of tern porary public facilities: For purposes of this subsection, a temporary public facility is an interim facility not constructed.to the applicable City or district standard; and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary. plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has proposed to build the subdivision in three phases. The Phases have been shown on the Preliminary Plat and preliminary construction drawings that were submitted with the application. Phase One consists of 39 lots, with 35 lots in Phase Two and 46 lots in Phase Three. The applicant intends to begin construction on the second phase of development within two years of the commencement of construction in Phase One, with the third phase of development commencing two years later. The applicant has indicated, however, that Phase Two and Phase Three may be developed out of sequence in response to market concerns and development considerations and it is also possible that the entire project may be built in one phase. Regardless of the actual sequencing, public facilities will be constructed by the applicant in conjunction with or prior to each phase to ensure provision of NOTICE OF DECISION PAGE 13 OF 26 SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION • • facilities prior to building occupancy in that phase. Development will not be dependent on the use of temporary public facilities. The engineering permitting process will insure that the phased development criteria are met. FINDING: Because the applicant has stated in the narrative how they will meet the phased development criteria and because the Engineering permit process will insure that the phased development standards are met, the proposal to develop this subdivision in three phases is approved. TIGARD DEVELOMENT CODE SECTIONS APPLICABLE TO SUBDIVSIONS. Variances and Adjustments (18.370; 18.370.020.C.1. Adjustments to development standards within subdivisions (Chapter .18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, or denied provided the Director finds: There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated; The applicant is requesting a temporary development adjustment that would apply to the front yard setback of the existing house on the Meyer property. The applicant is requesting a temporary development adjustment to accommodate a 4-inch reduction in the front yard setback for this home. In agreements that the applicant has reached with Mrs. Meyer, she will continue to reside in the house until she dies or until she decides to move to another residence. At that time, the house and garage will be torn down and this temporary development adjustment voided. The lot identified as lot 91 and 102 would be partitioned and new houses will be built on the two lots that were occupied by the house and garage. All new construction will have to meet all of the development standards of the R-7 district, including the front yard setback of 15 feet. The adjustment is necessary for the proper design or function of the subdivision; The applicant has designed the subdivision to accommodate ultimate build-out. This included having larger than required lots along the property line abutting the Pleasant View Subdivision. Given the desire to maximize the depth of the lots adjacent to the Pleasant View subdivision and to maintain the right-of-way width of 161 Avenue, this temporary adjustment is the most reasonable alternative to insure that the subdivision is designed properly and the most efficiently. This temporary development adjustment is in compliance with all of the approval criteria contained within the Code. A 4-inch reduction in the front yard setback is the smallest adjustment that can be made to the setback. standard and still accommodate the lot depths on the opposite side of the street and the width of the street right-of-way The granting of the adjustment will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and This temporary reduction will not impede emergency access to the site, especially since the street right-of-way of 46 feet will be maintained in this area. The adjustment is necessary for the, preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result rrom strict compiiance wnn uIU regulations of this title. Strict compliance with the setback standards in this case would require real' nment of the road and create smaller, narrower lots adjacent to the Pleasant View Subdivision. Because this adjustment request is for a limited amount of time, it would be less desirable to require a re-design to comply with the setback for a house that will be removed in the future. FINDING: Based on the analysis above, the subdivision variance criteria are satisfied and the temporary variance is approved. NOTICE OF DECISION PAGE 14 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • Residential Zoning Districts (18,510) Preserve neighborhood livability. One of the major purposes of the regulations governing development in residential zoning districts is to protect-the livability of existing and future residential neighborhoods, by encouraging primarily residential development with compatible non-residential development schools, churches, parks and recreation facilities, day care centers, neighborhood commercial uses and other services at appropriate locations and at an appropriate scale. Encourage construction of affordable housing. Another purpose of these regulations is to create the environment in which construction of a full range of owner-occupied and rental. housing at affordable prices is encouraged. This can be accomplished by providing residential zoning districts of varying densities and developing flexible design and development standards to encourage innovation and reduce housing costs. accommo accesso ry minimum permitted date attached sing le-family.homes, detac residential units, at a minimum lot size lot size of 10,000 square feet. Mobile The R-7 zoning district is designed to ied single-family homes with or without of 5,000 square feet, and duplexes, at a home parks and subdivisions are also outright. Some civic and institutional uses are also permitted conditionally. The R-7 zoning district has the following dimensional requirements: Ill (2) STANDARD R-7 Minimum Eot Size - Detached unit 5,000 sq. ft. - Duplexes 10,000 sq.ft. - Attached unit 1 5,000 s .ft. verage Minimum Lot Width - Detached unit lots 50 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum o Coverage 80% [21 Minimum Setbacks - Front yard 15 ft. - Side facing street on corner & through lots 10 ft. - Side yard 5 ft. - Rear yard 15 ft. - Side or rear yard abutting more restrictive zoning district 30 ft. - Distance between property line and front of garage 20 ft. Maximum-Reight 35 ft. Minimum Landscape Requiremen 20%_ Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. Lot coverage includes all buildings and impervious surfaces. The proposed lots range in size from 4,138 square feet to 9,815 square feet. Based on the lot averaging standards of Section 18.430.020.D, lot sizes can be reduced to a minimum of 4,000 square feet as fon as the average lot size for the entire subdivision is at least 5,000 square feet. The smallest lot proposed for the Meyer's Farm subdivision is 4,138 in size. The average lot size for the 119 lots proposed for this subdivision is 5,197 square feet. All of the proposed lots meet the minimum lot size and averaging requirements of the Code. All lots with the exception of lots 19 and 20 meet the minimum lot width requirements. Based on the dimensions provided on the plan, the minimum lot width between these 2 lots is 49 feet, one foot short of the minimum. The applicant will be required to comply with the setbacks, height and lot coverage/landscape requirements during the building permit review process for the homes on individual lots. This is not a planned development, therefore, there will be no flexibility in the setbacks. Based on the lot dimensions, Staff finds it feasible that the required setbacks can be met. NOTICE OF DECISION PAGE 15 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • FINDING: Based on the analysis above, the residential zoning district dimensional standards are not fully satisfied, however, the standards can be met if the applicant complies with the condition listed below. CONDITION: Submit a revised plan that shows the average lot width for all lots, including lot 19 and 20 will be no less than 50 feet. Access. Egress and Circulation X18.705 Chapter 18.705 establishes standards and regulations- egulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. The access and egress into the site itself is discussed later in this decision under Street and Utility Standards and PUBLIC FACILITY CONCERNS. Access to individual lots will be reviewed for compliance during the building permit phase. FINDING: Because the access to individual lots will be reviewed as part of the building permit process and access to the site is addressed and conditioned, if necessary, further in this decision, the Access, Egress and Circulation standards have been satisfied. Density Computations and Limitations: Chapter 18.715 implements the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-way and land for private streets from the total site area. Of the total site area, 4.69 acres will be dedicated to public street right-of-way and 14.20 acres will be retained for lot development. This results in a maximum of 123 Tots and a minimum of 98 lots. The applicant's proposal to build 119 lots for single- family detached homes meets the maximum and minimum density requirements in an R-7 zone. FINDING: Because the applicant has proposed 119 lots and 123 lots are the maximum permitted based on the net acreage of the site, this .standard has been satisfied. Landscaping and Screening (18.7W. Chapter 18.745 contains landscaping provisions for new development. Section 18.4 .100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.040.C contains specific standards for spacing of street trees as follows: ♦ Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; ♦ Medium sized trees (25-feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; and ♦ 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 narrative indicates that a street tree plan will be submitted which will indicate the type, size and location of the proposed street trees with the final construction drawings for each phase of development. They have indicated that in general, street trees will be spaced 30' to 40' apart, with a tree located at each property corner abutting the street right-of-way and an additional tree placed along the front property line and the side yard property line where applicable. The exact location for these street trees will be determined after utility boxes, utility trenches, lighting standards and driveways have been located and will be shown on the plot plan that will be submitted with the construction drawings required for building permit review. They have stated that tree planting will be the responsibility of the omebuilder, with the completion of the task tied to the issuance of the NOTICE OF DECISION PAGE 16 OF 26 SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION • • certificate of occupancy. This may be possible, however, the applicant will be required to provide a bond for the planting of street trees and the construction plans must show the type and spacing of street trees to be planted. The City can not defer street tree planting to the building permit phase for each lot without a bond for the planting prior to final plat approval. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family detached residential use is proposed adjacent to existing detached single-family .dwellings. The Meyer's Farm site is surrounded by detached single-family homes and undeveloped parcels with R-7 zoning. Therefore, this section does not apply. However, the applicant is propposingg 16 'build a 6-foot tall masonry wall along the property line abutting SW Bull Mountain Road. Although no landscape buffer is required, the applicant is proposing to build a 6-foot cedar fence and plant trees along the entire property boundary between the Meyer's Farm subdivision and the Pleasant View subdivision. The applicant is also proposing to plant trees along the southern boundary of the subdivision. FINDING: Because no buffering and screening is required when a single-family development abuts a single-family development, this standard does not apply. Off-street parking and loading reuirements (18.765) Chapter 18.765, Table 18.765.2 requires that single-family residences be- provided with one (1) off-street parking space for each dwelling unit. The applicant has stated that this standard will be satisfied with the future driveways and residential garages on the individual lots. In addition, the applicant has indicated that most homes built in this y e of subdivision have a two-car garage and a driveway that will accommodate at least two additional cars. The building permit review. will require that the applicant show off-street parking spaces. The code requires 20 feet from the property line to the face of a garage which will insure that at least one car can park off the street, outside of any garage. FINDING: Because each individual home will be reviewed for compliance with this standard during .the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Tree Removal: Chapter 18.790 requires mitigation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant has stated in the narrative that the walnut orchard comprises the only significant existing vegetation on the Meyer's Farm site. It is the applicant's intention to remove the orchard to accommodate site grading, the installation of proposed infrastructure and to create pads for future homes. A certified arborist has conducted an assessment of the trees on the site of the Met'er's Farm subdivision. There are thirty-three trees with diameters larger than twelve inches which have been field measured and flagged with chartreuse ribbon for identification. The total caliper inches of the trees above 12 inches is 589. Of these, 123 inches are on trees considered in poor condition or dead. Based on the assessment of the certified arborist, there are 466 diameter inches of trees that need to be mitigated. The applicant has included in the subdivision proposal a mitigation plan showing trees will be planted- on the eastern, northern and southern boundaries of the property. These frees will be 3-inch caliper trees spaced approximately 30 feet on center. None of the existing trees are proposed to be retained. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant . . complies with the conditions listed below. CONDITION: Prior to Final Plat, submit a bond for proposed on-site tree mitigation or plant the proposed mitigation trees on-site. A deed restriction must be recorded prohibiting the removal of trees planted to meet the mitigation requirement unless they pose an immediate hazard to life or property or are dead. NOTICE OF DECISION PAGE 17 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • Vision clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The applicant has not proposed any structures or vegetation in the vision clearance area. All structures to be located on individual lots will be reviewed for compliance with the vision clearance standards during the building permit phase. Staff did a quick evaluation of the lots to determine how the vision clearance would affect the buildability of these lots. The vision clearance area will not affect the buildability of these lots. FINDING: Because no structures are currently proposed in the vision clearance area and all future buildings will be reviewed for compliance during the building permit phase, this.standard has been satisfied. Street And Utility Improvements Standards: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Improvements: Section 18.810.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. Dedication requirements and improvement standards are addressed and conditioned as necessary later in this decision under Public Facility Concerns. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a residential local street to have a 42-50 right-of-way width and 24-32-f6ot paved section between curbs and sidewalks. The applicant's plans show the right-of-way widths will be between 42 feet and 46 feet. This standard is discussed in more detail under PUBLIC FACILITY CONCERNS. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as 1hroug streets at such time as the adjoining property is developed. The applicant has submitted a future street plan that shows how the properties to the west can be served, as well as the property to the south if it is ever included in the Urban Growth Boundary. Street Alignment and Connections: Section 18.810.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This standard is met because SW Dekalb Street, which stubs to the property, will be extended into the development area. Grades And Curves: Section 18.810.030(M requires that grades shall not exceed 12 percent on local streets, except that local residential streets may have segments with grades up to 15 percent for distances of no greater than 250 feet. The street grades are discussed under PUBLIC FACILITY CONCERNS. NOTICE OF DECISION PAGE 18 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION Block Designs - Section 18.810.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated consideration of needs for convenient access, circulation, control and safety of street traffic ana recognition of limitations and opportunities of topography. Specifically: Block Sizes: Section 18.810.040(6)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: ♦ Where street location is precluded by natural topography, wetlands or other bodies. of water or, pre-existing development or; ♦ For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. ♦ For non-residential . blocks in which internal public circulation provides equivalent access. The blocks created within the subdivision do not have lengths greater than 1,800 feet, therefore, this standard is satisfied. Block Lengths: - Section 18.810.040(6)(2) states that when block lengths greater than 600 feet are permitted, pedestrian/bikeways shall a provided through the block. The block lengths created within the subdivision do not exceed 600 feet. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The minimum lot size of the R-7 zoning district is 5,000 square feet. Lots 60, 113 and the combined lot 91 and 102 are greater than 1.5 times the minimum lot size. None of these lots have a lot depth greater than 2.5 times the average lot width. Lot Frontage: Section 18.810.060(6) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. As shown on the Preliminary Site Plan, all proposed lots have at least 25 feet of frontage with the exception of lot 11. This lot is a flag lot which is not permitted in a Subdivision unless it has 25 feet of frontage. The applicant must revise the plat so that this lot has 25 feet of frontage, thus meeting this standard. Sidewalks: Section 18.810.070 requires sidewalks adjoining all residential streets. The applicant is proposing to construct 5-foot-wide sidewalks to City standards on all public streets. Therefore, this criterion is met. Sanitary Sewers: Section 18.810.090 requires sanitary sewer service. The Engineering Division has reviewed the applicants materials, including the Preliminary Utilities Plan. Sanitary sewer is discussed later in this decision under PUBLIC FACILITY CONCERNS. Based on the analysis therein, the sanitary sewer service will be provided as required and this criterion is either satisfied outright or will be met upon compliance with the applicable conditions of approval. Storm Drainage: Section 18.810.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Storm drainage is discussed later in this decision under PUBLIC FACILITY CONCERNS. Based on the analysis therein, storm water drainage provisions will be provided as required and that this criterion is either satisfied outright or will be met upon compliance with the applicable conditions of approval. FINDING: Based on the analysis above, the applicant has not met all of the Street and Utility Improvement Standards. Staff finds it feasible for the standards to be met if the applicant complies with the conditions specified below. CONDITION: Revise the plat so that lot 11 has at least 25 feet of frontage. NOTICE OF DECISION PAGE 19 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION PUBLIC FACILITY CONCERNS: The City Engineering Division has reviewed this proposal and has offered the following comments: Streets: TDC 18.810.030.A.1 states that.streets within a development and streets adjacent shall be improved in accordance with the TDC standards. TDC 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. This site lies adjacent to SW Bull Mountain Road, a major collector, and at the west end of SW Dekalb Street, a local residential street. Traffic Study Findings A traffic impact study, dated April 23, 1999, was prepared by Kittelson & Associates. A follow-up letter, dated June 23, 1999, was also submitted by Kittelson. The impact study studied four key intersections in the vicinity: • SW Bull Mountain Road/SW 150th Avenue • SW Bull Mountain Road/SW Roshak Road • SW Bull Mountain Road/SW 161St Avenue • SW Bull Mountain Road/SW Beef Bend Road. All study intersections currently operate at acceptable levels of service (LOS) under 1999 existing conditions with the exception ofSW Bull Mountain Road/SW Beef Bend Road, which currently operates at LOS "F" during both the AM and PM weekday peak periods. This intersection is currently being redesigned to. improve the existing capacity and safety deficiencies. The County is planning to construct the improvements at this intersection in 2000 as part of the Beef Bend/Elsner/S cholls- Sherwood (BESS) improvement project. The proposed subdivision will add approximately 1,150 new daily trips to the system, with approximately 90 trips occurring during the AM peak hour and approximately 120 trips occurring during the PM peak hour. Under Year 2000 background and total traffic conditions, which include projected trips from this development, all study intersections will operate at acceptable levels of service. This assumes the Bull Mountain Road/Beef Bend Road intersection improvements have been completed. Kittelson reviewed left turn lane warrants at the proposed i5tersection of "Street A" at Bull Mountain Road (current intersection of Bull Mountain Road and 161 Avenue). Warrants for a left turn lane were not met and therefore can not be required. Safety Concerns The traffic study reviewed traffic accident data collected by Washington County and the County's Safety Priority Index System ("SPIS°), which flags any intersections that are prone to traffic accidents. The only intersection in this area that is listed on the "SPIS" is the intersection of Bull Mountain Road/Beef Bend Road. As was mentioned above, the County is currently redesigning this intersection to address the problems there. Under the County's program, if a development increases the approach volume to a "SPIS" intersection by 10% or more, the developer may incur the cost of correcting the deficiency. This project will contribute approximately 1.2% to the intersection at Bull Mountain Road/Beef Bend Road; therefore, the applicant will not be required to contribute funds to this intersection. Bull Mountain Road "S" Curves at Roshak Road Although this intersection is not listed on the "SPIS", there have been concerns raised by citizens adjacent to this development that the intersection is unsafe. Staff would concur that this intersection is problematic, in that the travel lanes are narrow and the curves are substandard. However, the accident data available indicate that very few accidents occur at this location. Only one reported accident occurred between 1995 and 1997. No accident data was available for 1998. It is quite possible that the reason the accident rate is low is because motorists are forced to slow down and take extra care when proceeding through the intersection. The current level of service at this intersection is "B". The City plans to focus attention on this intersection in the next few years to try to develop reasonable solutions for improvement. NOTICE OF DECISION PAGE 20 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION • • Local Street Volumes Another concern raised by neighbors of this proposed development is with regard to local street volumes and the impact projected from this development. Specifically, the residents who use SW Dekalb Street are concerned about this street potentially carrying more traffic than a local residential street should carry. In Kittelson's follow-up letter, dated June 23, 1999, they reported that the street. currently carries approximately 115 vehicles per day. between SW Rask Terrace and SW Dozier Way. This volume was obtained from a 24-hour tube count conducted on Thursday, June 10, 1999. Kittelson's letter indicates that the housing units in this development that could use the Dekalb Street- to-Rask Terrace-to-Bull Mountain Road route would be the units that front SW Dekalb Street and those that lie south of Dekalb Street. The total number of lots, therefore, that could use this route is 53. The traffic study indicates that approximately 90% of the traffic from this subdivision will travel to and from the east along SW Bull Mountain Road. Thus, 48 lots (53 X 90%) could potentially use the Dekalb Street route. Although the direct route along "Street A" to Bull Mountain Road is likely to be the predominant choice for motorists, Kittelson assumed a 50/50 split to be conservative. If 50% of the 48 lots use the Dekalb Street route, then this would result in an increase in traffic of approximately 230 daily trips. Combined with the existing 115 daily trips measured in the field, the total volumes could be approximately 345 dail trips, which is well under the City's upper limit of 1,500 daily trips on a local residential street. Even W 100% of the 48 vehicles use the Dekalb Street route, the increase in traffic would only be approximately 480 trips, bringing the total volume to 595 daily trips, which is still well under the upper limit. This would be an obvious Impact to the neighbors along SW Dekalb-Street who have been used to the lower traffic volumes, but would still.fall within acceptable limits per City standards. SW Bull Mountain Road This roadway is classified as a major collector street and requires a right-of-way (ROW) width of 33 feet from the centerline. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant's plan indicates that they will dedicate the additional ROW to meet standard. SW Bull Mountain Road is currently paved, but not fully improved to meet City standards. In order to mitigate the impact from this development, the applicant should construct a half-street improvement along the frontage of this site. The applicant's materials indicate that they propose to construct the half-street improvement as a part of their project. New Interior Streets The applicant's plan indicates that they propose to construct several new public streets within this development. Two of the streets, Street "A" and SW Dekalb Street will be constructed within a 46- foot ROW and with a curb-to-curb width of 32 feet. The other streets in the development are proposed to be constructed within a 42-foot ROW and with a 28-foot curb-to-curb width. Street "A" and SW Dekalb Street will likely experience the highest volumes of traffic, so the 32-foot pavement width is appropriate. The development code allows for a narrower pavement width, provided the anticipated average daily traffic (ADT) does not exceed certain thresholds. A 284oot street is appropriate for a residential street that will not carry more than approximately 500 vehicles per day (ADT). The streets proposed in this development with the 28-foot pavement width should experience traffic volumes less than 500 ADT. The proposed ROW widths of 42 feet and 46 feet are acceptable, as the street trees are allowed to be placed within private property in accordance with TDC 18.745.040.C. Staff recommends the applicant dedicate a wider public utility easement (PUE) to account for the street trees. Parking must be restricted on any street narrower than 32 feet curb-to-curb. A 28-foot wide street is restricted to parking on one side only. The applicant will be required to design the streets such that one side is posted as "No Parking". The applicant must also bear the costs of installing these signs. Since the street labeled as Street "A" aligns with SW 161St Avenue, the City will require that the name "SW 161s' Avenue" be used within this development. The construction plans and final plat shall reflect that this street will bear the name "SW 161St Avenue". All of the streets within this development appear to meet the City's requirements for gradient. o The maximum grade for a local residential street is 12/o, but can be increased to a maximum of 15/o for distances of no more than 250 feet. There are portions of Streets "C", "D", "F", "G" and Dekalb Street that exceed the 12% maximum, but do not exceed the 250-foot maximum. NOTICE OF DECISION PAGE 21 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION The applicant's plan indicates that four of the east/west streets will be stubbed out to the west boundary of the site for potential future extension if those parcels ever develop. i There is an existing 20-foot wide access easement that straddles the boundary between this site and the properties immediately to the east. The easement is currently being used byy approximately five property owners located south of this site. The easement provides direct access to SW Bull Mountain Road. The applicant's proposed street plan, will include a local residential street stub to the south boundary of the site (Street "A", or SW 1615 Avenue). Typically, a street stub is terminated with a barricade and is not used to provide access to undeveloped parcels. However, in this case Staff recommends access be provided to the properties to the south in order to eliminate the need for the existing access road. The existing access road is an unimproved, narrow dirt roadway. Neighbors to the east have registered complaints regarding dust and speed of drivers using the roadway. Staff has visited the site and agrees that thecurrent location and condition of the access road is unsafe. In addition, the intersection of SW 161st Avenue/SW Bull Mountain Road is only 175 feet to the west of the access roadway. 18.810.030.G.1 of the City's Development Code (TDC) states that staggered intersections alongg a collector or arterial shall not be designed so that jogs of less than 300 feet are created. 18.120.030.A.130 defines a "Street" as a public or private way that is created to provide ingress or egress for persons to three or more lots, parcels or tracts of land. The City would consider the existing dirt access road as a private "street" and therefore must consider the spacing along Bull Mountain Road unacceptable. If the access roadway were eliminated, then the next nearest intersection to SW 161St Avenue would be SW Rask Terrace, which is approximately 540 feet away, and would therefore meet City standards. In summary, the existing access roadway is not safe for the public and does not meet spacing standards for streets along a collector roadway. Since the applicant will be extending Street "A" (SW 161 Avenue) to the south boundary of the site, Staff recommends that the public street be terminated such that access to the properties to the south can be accommodatedThe applicant shall work with the property owner directly seuth of this site to construct a realignment of the access roadway to match where Street "A" ((SW 161 S Avenue will meet the south boundary of the site. Once the streets within this develops - n are constructed and approved by the City, the applicant shall close off the existing access road entrances at Bull Mountain Road, SW Dekalb Street and the south boundary, of this site. It will likely be necessary for the applicant to reroute the access roadway through this site while the new streets are being constructed. The applicant must ensure that the property owners to the south will have uninterrupted access to their properties at all times throughout the construction process. Since a standard City barricade will not be erected at the terminus of the public street, the design engineer shall work with the Engineering. Department to produce a signage plan that will clearly delineate where the public street ends and the private driveway begins. A temporary asphalt driveway entrance shall be provided at the end of the stub street to help protect the end of the pavement of the public street and to help control dirt and mud from being tracked onto the street from the private roadway. Water; Public water for this area is provided by the City of Tigard. There are public waterlines in SW Bull Mountain Road and in SW Dekalb Street that can and will be extended through this site. Final plans for the water system shall be reviewed and approved by the City prior to construction. Sanitary Sewer: The sanitary sewer service in this area is provided by Unified Sewerage Agency (USA). The applicant's plan indicates that the topography of this site falls primarily to the west. The only public sewer available to this site is from SW Dekalb Street. However, the depth of this line is not sufficient to serve all portions of the site. The applicant is proposing an offsite public ump station to the west. Most of the sewer lines in this site would flow toward the pump station, anxthen a pressure line will be extended from the pump station to the existing sewer line in SW Dekalb Street. This concept appears to be reasonable, but the applicant will need to obtain final approvals from USA prior to construction. In addition, the applicant will need to obtain an offsite easement for the construction of the pump station. NOTICE OF DECISION PAGE 22 OF 26 SUB 1999-000021VAR 1999-00016 - MEYERS FARM SUBDIVISION Storm Drainacte• Because the topography of this site falls to the west, the applicant is also proposing to construct an offsite public water quality facility next to the proposed sanitary sewer pump station. -The storm water from this site would flow through the water quality facility then discharge to the west. USA also is responsible for the surface water runoff management in this area and will need to give final approval for the applicant's storm drainage system. USA may require the applicant to perform a downstream analysis to determine if the additional runoff from this site will cause problems downstream. If there is a potential problem downstream, USA may require the applicant to provide an on-site detention facility. Storm lap Qualltv The City has agree to enforce Surface Water Management (SWM) re ulations established by the Unified Sewerage Agency (USA) Design and Construction Standards adopted by Resolution and Order No. 96-44) which require the construction of on-site water quality acilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations to USA for a wafer quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by USA prior to construction. Grading and Erosion Control: USA Design and Construction Standards 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 which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. 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. The applicant's design engineer will be required to prepare a final grading plan for review and approval. 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). The applicant was also required to provide a geotechnical report, per Appppendix Chapter 33 of the UBC, for the proposed grading slope construction. A report, issued by MI, dated April 12, 1999, was submitted with the applicant's materials. GRI noted that this site should be suitable for the proposed development, but recommended that certain measures be followed with regard to the proposed cuts and fills. The recommendations of the report will need to be incorporated into the final rading plan and a final construction supervision report by the geotechnical engineer must be filed wiiTh the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Early Grading Approval Request The applicant has also asked that the grading plan be approved by the City at this time so that they can perform grading operations on the site yef this summer. They state that they would like to get the site graded, roads cored and rock base installed before the fall and winter rains set in so they can continue with construction of the subdivision during the winter months. If the City were to approve the applicant's request, as proposed in the narrative, it would be contrary to standard procedures, which require the public improvement plans to be completely reviewed and approved by the City. NOTICE OF DECISION PAGE 23 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION • The applicant and their engineer have met with Staff to discuss this concept. Staff concurs with the ' applicant that performing grading during summer months is preferable so as to avoid major erosion problems during the winter. However, Staff has some concerns with regard, to approving the grading plan at this stagge of the process. First the City does not have a process in place to where such a permit" could Be issued and inspected. The Building Division does not issue grading permits for subdivisions and would rely upon the Engineering Department to help review the grading plan for compliance with City standards. In order for the Engineering Department to adequately review a subdivision grading plan, the public improvement Tans must be reviewed thoroughly in order to determine if the proposed grading is acceptable. The applicant has asked that the City consider the street profiles submitted in the application as a means for approving the grading plan. Although the street profiles determine most of the required grading, the other underground utilities also play a part. Staff is not comfortable giving an approval of the grading plan with this land use application and would only consider such an approval once the public improvement plans have been completed and submitted for City review. Staff has spoken with. the design engineer on several occasions concerning this concept and has committed to investigate the formation of a new Engineering Department policy that would potentially allow for early grading on a subdivision. The design engineer has provided Staff with some helpful suggestions and Staff is currently working on such a policy but has not yet completed it. Staff is contacting other jurisdictions who have either tried this concept or are currently using it. Ultimately, the City Engineer must approve of the policy before it is implemented. In summary, Staff does not recommend the proposed grading plan be approved for construction at this time. Staff is committed to investigating the formation of a policy that would allow the applicant, or any other subdivision developer, to begin grading prior to the public improvement plans being completely approved by.the Engineering Department. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Bull Mountain Road. Section 18.810.120 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. The frontage along this site is 635 lineal feet; therefore, the fee would be $17,463. Address Assignments: The City of Tigard .is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30 per address shall be assessed. This fee shall be paid to the City prior to recording of the final plat. For this project, the addressing fee will be $3,570 (119 lots X $30/address = $3,570). FINDING: Based on the information provided from Engineering, the. applicant's plan does not fully comply with all of the Street and Utility Improvement standards. If the applicant complies with the Conditions specified at the beginning of this decision, then Staff can determine that the standards have been met. SECTION A. OTHER STAFF COMMENTS The Tigard Police Department has 4eviewed this proposal and provided the following comments: "concerns for "street naming" i.e. 161 s Avenue would appear to be able to continue as "Street A" in Meyers Farm. I would defer to Kit Church to see if applicable and appropriate." The Tigard Building Division has reviewed this proposal and has offered the following comments: (1) Clarify design criteria in Geo-Report "foundation Support" means to required 16-foot-wide footings? (2) Provide fire hydrants throughout so no exterior wall of any building is more than 500 feet to a fire hydrant. (3) Place fire hydrants at each entrance from Bull Mountain Road and at SW Dekalb entrance. (4) It does not appear that lots 90-86, 99 and 98 and 37-78 have positive U..F. drainage to the street. Provide a storm system at rear of lots. (5) provide a drainage system for future rock walls. (6) Demolish buildings on lots 110, 111-65, 64, 61, and 60. (7) Lots 91 and 102 can not be platted as two separate lots because of the house and garage: (8) Fire hydrant must be in service before combustible home construction materials are brought in site. (9) Easement to rip rap outflow on Volve property. NOTICE OF DECISION PAGE 24 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION • 0 Staff Response: These comments are for informational purposes only. Contact the Building Division for clarification of these comments. The City of Tigard Operations Division has reviewed the proposal and has no objections. The City of Tigard Operations Utility Manager has reviewed the proposal and stated that, although they have no objection, they will require a 12-inch water line to be extended from the existing 12-inch water main is SW Dekalb Street to the west end of the project. A pressure reducing station will be required on SW Dekalb Street between Pleasant View and the proposed subdivision. Reduced pressure principle device (backflow prevention) shall be required at USA pump station if water is required. Change 8"x6" tee at Bull Mountain Road and 1615 to 8" x8" cross. Developer responsible for costs associated with possible lowering of water lines to Bull Mountain Road due to half street improvements. SECTION VII. AGENCY COMMENTS Metro has had an opportunity to review the proposal and has provided the following comments: "While the design of the local street system is generally beyond the scope of the Regional Transportation Plan, the aggregate effect of local street design impacts the effectiveness of the re Tonal system when local travel is restricted by a lack of connecting routes and local trips are forced onto the regional network. If Street "F" remains as it is shown on the Site Plan, then we would recommend that the future Street "G" permit connections to the Urban Reserve Area unless topography, pre-existing development or environmental constraints prevent a full street extension." The Unified Sewerage Agency of Washington County has reviewed this proposal and has offered comments which have been incorporated into the body of this decision. Permits will be required through USA. Portland General Electric, US West, GTE and TCI Cable, have reviewed this application and have offered no comments or objections. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: EE THIS DECISION IS FINAL ON AUGUST 13, 1999 AND EFFECTIVE ON AUGUST 28, 1999 UNLESS AN APPEAL IS FILED. The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION PAGE 25 OF 26 SUB 1999-00002NAR 1999-00016 - MEYERS FARM SUBDIVISION Unless the applicant is the appellant, the hearing on an appeal from the Directors Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted b any,pa during the appeal hearing, subject to any additional rules of procedure that may be adopted from time {o time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON AUGUST 27, 1999. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. U 14 k' PREPARED BY: Julia Powell FKajduk Associate Planner - APPROVED BY: Richard Bewersdo Planning Manager iAcurpln\julia\sub\Meyers Farm.doc NOTICE OF DECISION SUB 1999-00002/VAR 1999-00016 - MEYERS FARM SUBDIVISION Auaust 13. 1999 DATE August 13. 1999 DATE PAGE 26 OF 26 1-- _-_~----=SW BULL MOUNTAIN ROAD ------------,--^n - ~ - - - Ins v - I I PIS ^a a 1 ~ I I ~ I I •7 S 0-0 q 4 ♦ a g 1 3 I _ e I _---J I 1-----_ , I I . . -~s o,s . : - . $s -a • a , a - As I • j ,ea ..a I e I 1 I III ~Ily I .4 ~Irl /{-tom{~ I ' I 1 rr I I I I I I I I 'I I I I I I I I I ~ i I - , a I I I I I 1 I I ~ 1 1 I I I i - I I I I 1 I , I . I I I I. 1 I I I I , ~ I I I I I I t I I I ~ I I I I I I , I I I 11 I I I I II I I I I I' , ~ I I I I, I I Wh p~~ ¢ I 7 +j 7 - 7- ' g ~ +71 I _ - T---T lam( i1.`+ - ~a Aa • 4a -^a- a . ua L CCC (W Lo - I u~i ea I 1 1 , 1 1 1 I / C-11 , DEKALB STREEY- -I f A - $ 5 1 I I I I ~JJ I 1 CJ SITE PLAN t EXHIBIT MAP N ma is not to scale VRBAN SERVICE AREA SUB 1999-00002 VAR 1999-00016 MEYER'S FARM q v~ ,tea ^a a - as a -Lew--- ` .^a C a C a ga~ oa - 1 ~ cl- I j'• I .a I ~ I a I I 'II I as a I Cpl 4? oa I _~11 W I~ r I - ~r - ;I :I it I z z z z J 1N ''a^^ V 0 'V la • • r ARTICLE IV.• DEVELOPMENT STANDARDS IV-29 407 - LANDSCAPE DESIGN turnaround areas, drainage improvements, or adjacent structures, foundations, or landscape materials; or B. Cast a shadow, which is greater than the shadow cast by a hypothetical wall seven feet high located along the property line, between 10 a.m. and 2 p.m. on December 21 st, upon an existing solar collector. 407-2.3 Landscape materials should be selected and sited to produce a hardy and drought- resistant landscaped area. Selection should include consideration of soil type and depth, spacing, exposure to sun and wind, slope and contours of the site, building walls and overhangs, and compatibility with existing native vegetation preserved on the site. 407-3 Tree Preservation and Removal 407-3.1 Applicability Section 407-3 applies to all tree removal that is not excluded from development permits required by Section 201-2 or is not in conjunction with another Type II or Type I I I development action. 407-3.2 Exemptions from Tree Removal Permit Requirement The requirements of Section 407-3 do not apply to the following: A. Trees identified and approved for removal through a Type II or III procedure in an approved Development Plan; or B. Removal of trees in conjunction with the development of a "conflicting use" of a Significant Natural Resource as specified in the applicable community plan, which was allowed pursuant to Oar 660-23-040(5)(c) (effective September 1, 1996), through a Type IV process; or C. Trees in a hazardous condition which presents an immediate danger to health or property. 407-3.3 Submission Requirements Applications for tree removal shall include the following information: A. Written narrative containing: (1) A description of the size, species and condition (e.g., diseased, healthy) of each tree or group of trees, proposed for removal or replacement; (2) An explanation of the purpose of removal; (3) A description of any associated flood plain or drainage hazard area alterations; (4) Findings addressing the application requirements of Section 422; and Date printed 11/23/01 • 0 IV-30 ARTICLE IV- DEVELOPMENT STANDARDS 407 LANDSCAPE DESIGN (5) Findings addressing relevant design elements of the applicable community plan. B. A Site Plan showing: (1) The location, size and species of trees six (6) inches or greater in diameter at four (4) feet above grade. For forested areas that are larger than five (5) acres, the general locations of trees may be shown with one or more detailed one (1) acre sample areas. Sample areas must be representative of the site. (2) A delineation of any flood plain, drainage or wetland areas in accordance with Sections 421 and 422. C. An approved erosion control plan from the Unified Sewerage Agency. 407-3.4 Tagging Required: Trees proposed for removal shall be identified for field inspection by means of flagging, staking, paint spotting or other means readily visible but not detrimental to a healthy tree. If a proposed harvest area is located within twenty-five (25) feet of a rear or side property line, not including property lines adjacent to a public or private street, the applicant shall: A. Mark or stake the property line(s) so that it is readily visible; and B. Identify trees within twenty-five feet of the property line that are proposed to be removed in the manner described above. 407-3.5 Removal Standards: A. Compliance with Section 422 and any other applicable Code requirement; and B. Inside the UGB, the harvesting of forest tree species for the commercial value of the timber shall be subject to the following additional requirement: (1) The harvesting of trees shall use a selective cutting procedure. Clear- cutting shall not be permitted. (2) For the purposes of Section 407-3, clear-cut means any harvest unit that leaves fewer than fifty (50) living, healthy and upright trees per acre that are well-distributed over the unit and that measure at least eleven (11) inches in diameter at four (4) feet above grade. Species left should reflect the same species proportions existing prior to harvest. C. The Review Authority may require the applicant to identify a property line through a boundary survey when evidence has been submitted which indicates that trees that are proposed to be removed may be located on an adjacent property. If required, the boundary survey shall be made and recorded in the County Survey Division prior to the removal of any trees from the area in question. Date printed 11/23/01 0 0 "TAB B" Applicant's Materials & All Correspondence Filed with Hearings Officer Prior to the Public Hearing. • • CITY OF TIOARD Community (Development Shaping ,4 Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Larry Epstein, City of Tigard Hearings Officer FROM: Morgan Tracy, Associate Planner DATE: May 20, 2004 SUBJECT: Meyers Farm II Subdivision (SUB 2003-00014) Appeal The applicant, Tom Weber, has filed an appeal with the City of Tigard in regard to the approval of the aforementioned subdivision. The appellant has requested your review of the City's approval based on the imposition of several conditions of the approval as listed in his letter of appeal received May 13, 2004. Based on the lack of information presented in the letter, staff requested greater clarification. The appellant filed a letter to clarify the appeal on May 26, 2004. Staffs understanding of the appeal is that it is based on the imposition of a particular condition of approval relating to tree removal and mitigation standards, as related to the Bull Mountain Community Plan. The subject site is located in the Urban Services Area, south of Bull Mountain Road and west of Meyers Farm No. 1. The Notice of Decision and record is attached for your review. The appellant argues that the Bull Mountain Community Plan standards are not applicable. Condition #4 states: "Prior to site work, the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non-hazardous trees on site are preserved." This condition was imposed to satisfy the criteria found in the Bull Mountain Community Plan, which states in part "Because trees are such an important natural and scenic resource on Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than 50% of the mature standing trees (six inch diameter or greater) shall be removed from any parcel." This is discussed in the Staff Decision on page 39, and conditioned under the Tree Removal standards of Chapter 18.790 of the Tigard Community Development Code discussed on page 24. 6/14/2002 Public Hearing - Memo to the Hearings Officer Page 1 of 3 RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal • • While it is the general case that the city does not address specific comprehensive plan policies within the decision for quasi-judicial land use reviews, the analysis of the Bull Mountain Community Plan is included for proposals that lie within the Urban Services Area. The reasons for this are found within the County's adopting ordinance and the City's Intergovernmental Agreement. Washington County Ordinance No. 487, An Ordinance Adopting a New Article Vlll for the Washington County Development Code Amending the West Tigard Community Plan and the Bull Mountain Community Plan, was adopted in 1996 and applies to development occurring on or after May 1, 1997 within the affected area.. Several exhibits are part of the ordinance'. This ordinance replaces the existing Washington County Community Development Code with the City of Tigard Community Development Plan, replaces the maps of the West Tigard Community Plan and the Bull Mountain Community Plan with Exhibits 1 and 3, replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan, including the background documents, provided however, the County's Framework plan shall still apply to quasi-judicial plan amendments. (Exhibit 4, §801-4.1). It should be noted that the Comprehensive Framework Plan is not the equivalent of a Community Plan, but rather only one of several elements comprising the Washington County Comprehensive Plan. The other elements of the Washington County Comprehensive Plan include: Community Plans and Background Documents (Bull Mountain Community Plan, e.g.) County Resource Document Rural/Natural Resource Plan Element Community Development Code Transportation Plan Unified Capital Improvements Program The textual provisions in the County's West Tigard Community Plan and the Bull Mountain Community Plan continue to apply to the affected area in the same manner as before enactment and implementation of this Ordinance. (Exhibit 4, §801-8.2.1.B.2.) This ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning districts and plan designations. (Exhibit 4, §801-7.4). The appellant notes that Washington County has recognized the impracticability of developing at the prescribed densities with such a standard, and as a result the County has rewritten their code to allow removal of all trees through an approved development plan. In essence, the 50% limitation stated in the Bull Mountain Community Plan has no regulatory effect. Exhibit 1-Land Use and Zoning Map for the Affected Area Exhibit 2-Unincorporated Tigard Area Goal 5 and Natural Area Map Exhibit 3-map showing County District B Boundary and Areas of Special Concern Exhibit 4-Amended Text of Article VIII Exhibit 5-City of Tigard Community Development Code Exhibit 6-City of Tigard Comprehensive Plan 6/14/2002 Public Hearing - Memo to the Hearings Officer Page 2 of 3 RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal • • While City staff has grappled with the apparent inconsistency between minimum density requirements and tree preservation as required by the Bull Mountain Plan Standards, the applicant's assertions that the City "has not taken into account the other provisions of the Washington County Community Development Code that address tree removal" misconstrues the applicable statutes. The City's position is that the current standards of the County's Community Development Code are no longer relevant as Ordinance 487 and Article VIII have replaced the text of the County Code with the text of the City's Development Code. The City also asserts that the textual requirements of the Bull Mountain Community Plan do still apply as Ordinance 487 and Article VIII specifically state "The textual provisions in the County's West Tigard Community Plan and the Bull Mountain Community Plan continue to apply to the affected area in the same manner as before enactment and implementation of this Ordinance." The larger unresolved question is: "what was the manner in which these provisions were applied before enactment and implementation of this ordinance?" The burden falls on the applicant to provide evidence of the county's implementation of these provisions (through previous Washington County land use decisions within the Bull Mountain Community Plan Area) to settle this question. Until such evidence is provided, City staff has used a common sense approach to conclude that a specific requirement such as "no more than 50% of the mature standing trees (six inch diameter or greater) shall be removed," should be enacted in the manner presented in Staffs Decision of Meyer's Farm No. 2. In summary, staff believes that the Director's Decision complies with the general approval criteria and standards of the Tigard Development Code and implements the Bull Mountain Community Plan in the manner the county intended, and therefore the appeal should be denied. ATTACHMENTS: Attachment 1 - Notice of Decision Attachment 2 - Appeal Filing Form & 5/26/04 Letter from Lamoine Eiler Attachment 3 - Bull Mountain Community Plan Attachment 4 - Ordinance 487 (with 4 exhibits) Attachment 5 - Urban Services Intergovernmental Agreement Attachment 6 - Applicant's Application Submittal Items 6/14/2002 Public Hearing - Memo to the Hearings Officer Page 3 of 3 RE: SUB2003-00014/Meyers Farm No. 2 Subdivision Appeal 0 • ATTACHMENT I 120 DAYS = 7/23/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: MEYERS FARM NO. 2 SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2003-00014 Adjustment (VAR) VAR2003-00086 Adjustment (VAR) VAR2003-00087 Adjustment (VAR) VAR2003 00088 Adjustment (VAR) VAR2004-00025 REQUEST: A request for subdivision approval to create 44, single-family lots ranging in size between 4 294 and 7 744 s uare feet on an a roximatel 8 16 acre site Th , , q pp y . . e following adjustments have been requested: Exceed the 15% maximum street grade on a public street (SW Dekalb: 16% to 20%); Exceed 12% grade for longer than 250 feet (SW Cooper: 275'); Reduce Right-of-way width SW 163ra Avenue: from 54 to 46 fet); and Eliminate sidewalk planter srips (SW Pollard, SW Cooper, SW Bray, SW 163rd, and a portion of SW Dekalb.). APPLICANT: George J. Marshall OWNER: Same P.O. Box 91249 Portland, OR 97291 COMPREHENSIVE PLAN DESIGNATION: R-7; Single-Family, Medium-Density Residential. ZONE: R-7 Medium Densit Residential. The R-7 zoning district is designed to accommodate attached single- ami y homes, detached sin le-family homes with or without accessory residential units, at a minimum lot size o 5,000s h quare feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile ome parks and subdivisions are also permitted outright. Some civic and institutional uses are also permittea conditionally. LOCATION: WCTM 2S108BC, Tax Lot 11900 (South of Bull Mountain Road, west of Meyers Farm No. 1). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 (Variances and Adjustments), 18.390 (Decision Making Procedures; 18.430 (Subdivision); 18.510 (Residential Zoning Districts ; 18.705 (Access, Egress and Circulation ; 18.715 (Densit Computation); 18.745 (Landscaping and Screening); 18.765 (Off-Street Parking; 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.780 (Signs), and 18.810 (Street and Utility Improvement Standards); and the Bull Mountain Community Plan. NOTICE OF DECISION PAGE 1 OF 42 SUB2003-00014 - MEYERS FARM NO.2 SUBDIVISION SECTION 11. DECISION Notice is here, y , given ghat the City of .Tigard Community Develo rgent rDirector's ,deal nee has., P r 9 APPROVED th`~ above.request subject to certain condi#ion's of approval Thetfndings and conclusions<; on which :the tlec151on is based' are noted m Section UI of this Recis own CONDITIONS OF APPROVAL FILL ACTIVITIES t' u- mit to the Planning Department organ racy, 639-4171, ext. or review an approval: 1. Prior to site work, submit a revised street utility plan that shows the location, species, and size (minimum 2-inch caliper) of required street trees along the public and private streets per the City's spacing standards of Section 18.745.040(C). Selection of the tree species will be in accordance with the City Street Tree list and the City Forester's recommendations. 2. Prior to site work, submit an erosion control plan that identifies areas for re-vegetation, topsoil storage areas, methods of replanting and topsoil restoration in accordance with Section 18.745.060. 3. Prior to site work, the applicant shall provide the City will evidence of all necessary approvals from Division of State Lands, Army Corps of Engineers, and Clean Water Services. 4. Prior to site work, the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non-hazardous trees on site are preserved. 5. Prior to site work, the applicant shall submit a final Tree Protection Plan that follows the recommendations of the City Forester, as outlined under the discussion of 18.790, Tree Removal, in this decision. 6. Prior to site work, the applicant shall submit construction documents that show access to Parcel 2 occurring solely from Tract J. 7. Prior to site work, the applicant shall ensure that a temporary turnaround for Tract K (SW Bray Lane) is provided in either a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is replatted to eliminate this tract once no longer needed) or in a temporary easement on adjoining property with the adjoining owner's consent. Compliance with grade standards will be assured during the construction document review phase. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 8. Prior to site work, a Public Facility Improvement (PFI) permit is required for this project to cover the subdivision improvements and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us)- 9. Prior to site work, the PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be-Uesir ed as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. NOTICE OF DECISION PAGE 2 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • 10. Prior to site work, the applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. The construction vehicle access plan shall indicate that all construction vehicles shall enter and exit the site on 16TO Avenue. The plan shall also indicate that construction vehicles will not be allowed to access the project site from the local streets within Meyers Farm (Phase 1). The existing barricades at the west end of these local streets will remain in place until substantial completion of the PFI work. At that time the barricades may be removed, but construction vehicles will still be prohibited from using the local streets. The barricades will be put back in place if the contractors violate this requirement. The barricades will then remain in place until the final lift of asphalt paving has been placed and the one year maintenance period has ended. The barricades will then be removed permanently. 11. Prior to site work, any necessary off-site utility easements. shall be the responsibility of the applicant to obtain and shall be submitted to and accepted by the City. 12. Prior to site work, the applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half- street improvement along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall include: A. City standard pavement section for a collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a planter strip, F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; 1. underground utilities; J. street signs (if ap licable); K. driveway apron (I applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. 13. Prior to site work, the applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 14. Prior to site work, the construction drawings shall indicate curbside sidewalks on Dekalb Street Bray Lane, Cooper Lane and Pollard Lane from the east property line to the east side of 163ro Avenue. 15. Prior to site work, the construction drawings shall indicate sidewalks with planter strips on Dekalb Street, west of 16P Avenue. 16. Prior to site work, the construction drawings shall indicate that both private streets (Tracts J & K) will have a 5 foot sidewalk along one side. NOTICE OF DECISION PAGE 3 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 17. Prior to site work, the construction drawings shall indicate curbside sidewalks on 163d Avenue, from Bull Mountain Road to the north side of Brayane. The drawings shall also indicate that there will be siewalks with planter strips along 163'u Avenue, south of Bray Lane to the southern terminus of 163u Avenue. 18. Prior to site work, a profile of all interior public streets and Bull Mountain Road shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 19. Prior to site work, the applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 20. Prior to site work, the construction plans shall show that any segments of public sanitary or storm sewer lines to be located in non-paved areas will be constructed of PVC C-900 or ductile iron pipe materials. 21. Prior to site work, the applicant must obtain approval from CWS for the proposed public sanitary and storm sewer plan for the project. 22. Prior to site work, anyy extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 23. Prior to site work, the applicant's construction plans shall show that they will upsize the proposed public water line in 163 Avenue to a 16-inch line. 24. Prior to site work, the plans for the public water quality facility shall be reviewed and approved by the City and CWS prior to construction. 25. Prior to site work, an erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 26. Prior to site work, a final gradin plan shall be submitted showing the existing and proposed contours. The plan shall detail he provisions fo'r surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This ~D_ :r _1 ..a. ..A1- M 711 hr. Infofmation will e- ne(;eSSafy If I uelel l►lil Ili Ig n Speiadl YI dUII Ig II ISpe~uoi Is aIw/ul peg i.nw Will va necessary when the lots develop. 27. Prior to site work, the applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. TH`F>OLLOWING CONpI,TIONS SHALLtiBE!SAISFIEDI r :.e PRl YO APPROVAL OF THE .ANA ,PLAT:. , x` l r .tw. S . c. r c Q, t.v Submit to t ~ e Planning Department organ racy, 639-41 11 , ext. or review an approval: 28. Prior to final plat approval, the applicant shall sign a consent to annex when the City boundary borders the subject properties as well as a waiver of time period. This shall additionally be incorporated by reference into the deeds of all lots within the subdivision. NOTICE OF DECISION PAGE 4 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • o • 29. Prior to final plat approval, public improvements shall be substantially complete as further conditioned in this decision. 30. Prior to final plat approval, the applicant shall include all required changes on the plat and confirm that the average of all lots sizes is equal to or greater than 5,000 square feet. If unable to meet this standard, the applicant shall reduce the number of lots accordingly. 31. Prior to final plat approval, the applicant shall revise the right-of-way for SW 163rd, south of Bray Lane to accommodate 5 foot wide planter strips between the sidewalk and the street. This additional right-of-way shall be deducted from the net buildable area, and excluded from lot area. 32. Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that it meets the definition of flag lots in which case the requirements for flag lots shall apply to this lot, OR make no change to the lot with the understanding that the front yard is determined to be the west property line. 33. Prior to final plat approval, tracts A-H, I, and L shall be consolidated into a single tract pursuant to Clean Water Services R&O 04-11 and R&O 00-07 which require wetlands and their buffers to be placed in a single tract. 34. Prior to final plat approval, the applicant shall submit a tree mitigation plan and/or program for the trees that will require removal for the improvements and to site the future houses. If proposing to replant, the applicant shall submit a bond for the value of the trees assessed at $125 per caliper inch. The bond shall be returned to the applicant upon completion of the replanting. If the replanting has not been completed by the final inspection on the last lot, the City may collect the bond. If paying the fee in-lieu, such payment shall occur prior to final plat approval. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 35. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $2,200.00. (STAFF CONTACT: Shirley Treat, Engineering). 36. Prior to final plat approval, additional right-of-way shall be dedicated to the Public along the frontage of Bull Mountain Road to increase the right-of-way to 35 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication shall be on the final plat. 37. Prior to final plat approval, the final plat shall show the ROW width for 163rd Avenue to be 46 feet for the portion between Bull Mountain Road and Bray Lane. The final plat shall show the ROW width fnr 163' Avenue to be 54 feet for the portion between Bray Lane and the southern terminus of 163r Avenue. Street tree easements will be required for all rights of way where planter strips are not provided. 38. Prior to final plat approval, the plat shall contain a restriction against direct vehicular access onto Bull Mountain Road from the subdivision lots. 39. Prior to final plat approval, the plat shall show that Lots 149 and 154 are not permitted to access SW Bray Lane. 40. Prior to final plat approval, the plat shall contain a restriction against access from Lot 120 directly onto 163' Avenue. 41. Prior to final plat approval, the plat shall contain a restriction against an access from Lot 121 directly onto 163rd Avenue within 150 feet from the new south ROW line of Bull Mountain Road. 42. Prior to final plat approval, the applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). NOTICE OF DECISION PAGE 5 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 43. Prior to final plat approval, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 44. Prior to final plat approval, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 45. , Prior to final plat approval, the a plicant shall pay $1,107.00 to the City for the striping of the bike lane along the frontage of Bull Mountain Road. 46. Prior to final plat approval, the applicant shall provide a maintenance access road to the water quality facili and any drainage structures within the facility to accommodate City maintenance vehicles. We access road shall be paved and have a structural section capable of accommodating a 50,000 pound vehicle. The paved width shall be a minimum of 10 feet wide, and there shall be two-foot rock shoulders provided on each side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. 47. Prior to final plat approval, the applicant shall either place the existing overhead utility lines along SW Bull Mountain Road underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00 per lineal foot. If the fee option is accepted by the City Engineer, the amount will be $12,344.50 and it shall be paid prior to final plat approval. 48. Prior to final plat approval, the applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City s global positioning system (GPS geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: GPS tie networked to the City's GPS survey. By random traverse using conventional surveying methods. 49. Prior to final plat approval, the applicant shall submit a final plat for review in accordance with the following Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Enineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.0a, Washington County, and by the C~ity~of Tigard^ V. I (le nyrll-01-way UUUIGaIIUII IUI DU11 IVWUlllalll RUau allU all IIIICIIVr JIICCIa slid ll UC IIraUC on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit three mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS {SHALL BE SATfSFIED rf w ; ' y. PRIOR T0ISSUANCE OF BUILDING PERMItTS u mit tote tinning apartment organ racy, 639-4171, ext. or review an approval: 50. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign NOTICE OF DECISION PAGE 6 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 compliance agreement. 51. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Flan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. 52. Prior to the issuance of building permits, the applicant's engineer shall provide post-construction sight distance certification for the intersections of SW 163rd Avenue at Bull Mountain Road and at proposed Street "G". 53. Prior to the issuance of building permits, if lot #139 is reconfigured as a flag lot, the applicant's plans shall reflect that the maximum height for the residential structure is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: A. The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; B. A 10-foot setback will be preserved along the side yard abutting the periphery of the subdivision; C. A residential structure on any abutting lot outside the subdivision either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and D. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot outside the subdivision unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 54. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 55. Prior to the issuance of building permits, the City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 56. Prior to issuance of building permits, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition and in accordance with the City's model home policy may issue model home permits). 57. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2 a diskette of the as-builts in "DWG" format if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) In the development, and their respective X and Y State Plane Coordinates, referenced to N AD 83 (91). NOTICE OF DECISION PAGE 7 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 18.430.080 Im rovement Agreement: e ore I y approval is ce Ile on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As require y ection 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filin and Recordin : Within 60 days o the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies o the subdivision plat prepare by a an surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with regon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes con orming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. NOTICE OF DECISION PAGE 8 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines inc uding, but not limited to, those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No an division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required or shall not begin until the City as been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification e an dividers engineer s a 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 r FROM THE EFFECTIVE DATE OF THIS DECISION, ; ~SECTION III. BACKGROUND INFORMATION Site Histo : TF-esubject site is approximately 8.16 acres in size and is comprised of a single parcel. A search of City records finds that a lot line adjustment was approved in June 25, 2003. This lot line adjustment created the 8.16 acre narcel with a 2 acre narrel tn the snuth_ The smaller narr.Pl is arrPCCPri by nn access easement in t e alignment of the proposed road and will be vaca ed upon creation o the public street. The parcel is outside the current city limits but is within the Urban Services Area, and is therefore under the City of Tigard's planning review. Site Information and Proposal Description: request or su ivision approval to create 44, detached single-family lots ranging in size between 4,294 and 7,744 square feet on an approximately 8.16 acre site. Four adjustments have been requested primarily to address street improvement standards. One proposed street will have street grades in excess of 15%, three streets are proposed with curb tight sidewalks, and one street will have a narrow right-of-war width. A fourth adjustment is required for the continuation of SW Cooper Lane which exceeds a 12 /o grade (but is less than 15%) for longer than 250 feet. While there is a wetland on the site that will be protected by buffer requirements, this wetland is not designated in the City's comprehensive plan and is therefore not subJ'ect to a Sensitive Lands review by the City. Approvals from Division of State Lands, Army Corps of Engineers and Clean Water Services will be required for any wetland impacts. No other sensitive lands are present on the site. NOTICE OF DECISION PAGE 9 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 9. Vicinity nformation: Tfi-e proposed development lies within unincorporated Washington County south of SW Bull Mountain Road and west of the current Meyers Farm No. 1 Subdivision. The site is accessed from Bull Mountain Road, as well as SW Pollard, SW Cooper, SW Debray, and SW Dekalb which are within Meyers Farm No. 1. To the west is the "Volpe" property which is anticipated to be developed at a later date as Meyers Farm No. 3, although no application has been received for such development. To the south is a 2 acre parcel and the urban growth boundary (UGB). The entire vicinity within the UGB is zoned R-7. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City mailed notice to property owners within 500 feet of the subject site. Letters were received from Tom Ferguson, Holly Shumway, Susan Morrelli, Ernest F. Plechaty, Alma Draper, and Charlie and Larie Stalzer. These letters raise the following issues generally: The proposed variances to the street improvement standards create safety and aesthetic impacts. Mr. Ferguson and Ms. Shumway are concerned that the steep grades in combination with narrow streets will encourage faster driving with fewer margins for error. They also note that the curb tight sidewalks deprive the area of beauty in favor of more houses, and offend the purpose of the Bull Mountain Community Plan. RESPONSE: The steep grades are necessary to continue to the existing street layout pattern established by Meyers Farm No.1. The alternative would be a massive amount of fill with resulting large retaining walls on the down hill side of the property. The concept of utilizing fill to reduce street grades is further hampered b the existing wetland on the site. The reduced right-of-way width is the result of using curb tight sidewalks, and placing street trees in easements behind the sidewalks, the actual street pavement width will not be affected by the proposed adjustment. The curb tight sidewalks have been proposed to reduce the amount of right-of-way width in the area around the wetland, to give greater depth to the lots and allow the buildings to be placed further away from the resource. Curb tight sidewalks are also proposed along the road extensions from Meyers Farm No. 1 where curb tight sidewalks already exist (due to the previous code requirement for curb tight sidewalks.) These sidewalks transition into the current standard with planter strips in the remainder of the subdivision or will be required to do so. Construction Traffic The our identical letters from Ms. Morrelli, Mr. Plechaty, Ms. Draper, and Mr. and Mrs. Stalzer primarily concern the construction traffic during development of the subdivision. They indicate their preference that construction traffic use SW 1615 via Bull Mountain directly, and furthermore that traffic approach the site from SW Roy Rogers Road (to the west) versus coming east from Bull Mountain Road. RESPONSE: Construction traffic will be using Bull Mountain Road, which is a collector, and can approach the site from either direction. Although the City cannot dictate the route used by the contractors, staff suggests they consider using a route from west of the property when practicable. This suggestion is based on the safety concerns of that portion of Bull Mountain Road near Roshak Road. Construction traffic accessing the project site must use the proposed 163rd Avenue ROW. Construction traffic will not be allowed to use the local streets located in the Meyers Farm development. There are existing barricades at the west end of the stub streets in the Meyers Farm subdivision. These barricades will remain in place until the public improvements for (Meyers Farm No.2 are substantially complete. Upon substantial completion tDe barricades will be removed. Contractors will still be required to access this project from SW 163 Avenue only.. If there is a problem with the contractors using these local streets, the barricades will be put back up at the determination of the NOTICE OF DECISION PAGE 10 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 9 0 City Engineer. The barricades will then remain in place until after the second lift of asphalt paving has been placed and the 1-year maintenance period for the public streets has ended. The barricades will then be removed permanently, without further notice or land use action. SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Subdivision 18.430 B. Applicable Development Code Sections 'Variances an Adjustment s 18.510 Residential Zoning Districts 18.705 Access, Egress and Circulation) 18.715 (Density) 18.730 Exceptions to Development Standards) 18.745 Landscaping and Screening) 18.765 Off-street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 Vision Clearance) C. Street and Utility Im rovement 18.810 (Street an Utility Improvement Standards) D. Decision Makin Procedures 18.390 mpac Study) E. Bull Mountain Community Plan The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured/Mobil Home Regulations, 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming Situations), 18.785 (Temporary Uses), and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A - SUBDIVISION GENERAL PROVISIONS: Approval through two-step process. An application for a subdivision shall be processed through a two-step process: the preliminary plat and the final plat. 1. The preliminary plat shall be approved by the Approval Authority before the final plat can be submitted for approval consideration; and 2. The final plat shall reflect all conditions of approval of the preliminary plat. The applicant has submitted a preliminary plat for approval consideration. Final plat review will occur after the decision is final. Compliance with ORS Chapter 92. All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. The applicant is responsible for ensuring that the plat satisfies any requirements of Oregon Revised Statutes (ORS) Chapter 92 beyond what is already required in the Tigard Development Code. Such conformance is assured through Washington County's plat review. Future Re-Division. When subdividing tracts into large lots, the Approval Authority shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title. NOTICE OF DECISION PAGE 11 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 9 None of the lots exceed 10,000 square feet, the minimum required to partition a parcel in the R-7 zone. This standard is not applicable. Lot Size Averaging: Section 18.430.020.13 states lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The lots range in size between 4,294 and 7,744 square feet. The minimum size allowed per this provision is 4,000 square feet. The average for the entire subdivision is 5,151 square feet. This standard is met. Changes to the plat that are required as part of this decision will need to ensure that this average lot size standard is maintained. Temporary sales office. Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 18.785, Temporary Uses. The applicant has not proposed a sales office; however, if one is later requested, it will be reviewed through a separate temporary use permit process. Minimize flood damage. All subdivision proposals shall be consistent with the need to minimize flood damage. Due to the topography of the site, storm water is anticipated to leave the site and not cause flooding. Storm drainage facilities will be reviewed by Clean Water Services and also by the City for conformance with design and construction standards. Floodplain dedications. Where land filling and/or development is allowed within and adjacent to the 100-year floodplain outside the zero-foot rise floodway, the City shall require consideration of the dedication of sufficient o en land area for a greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The site is not within nor adjacent to the 1007year floodplain. This standard is not applicable. Need for adequate utilities. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. There are no flood hazards identified for this site. Need for adequate drainage. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and M--:..--- .Disc ...sed ..i... .-1 etai1 . der ♦he Greet 4 I "ity Improvement sedion and uldlildyt: Ij UIhUJJGU 111 gredLU UL II UIIU LI I QL L a11U VUIILY 1111PIVVG IIL JCVUVII 011U addresses issues related to storm water facilities. Determination of base flood elevation. Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres whichever is less). The base flood elevation is approximately 105 feet above sea level, measured at the nearest flood prone area (Tualatin River) roughly a mile away. The low point of the project site is approximately 350 feet above sea level. Section 18.430.030 (E) describes the approval process for Phased Developments. The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two NOTICE OF DECISION PAGE 12 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 years without re-applying for a preliminary plat. The criteria for approving a phased site development review proposal are: a. The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b. The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The applicant has not proposed phasing construction of this subdivision. The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; Compliance with the zoning ordinance and other applicable ordinance and regulations will be assured through review and imposition of conditions of approval as necessary, as outlined in this decision. The City of Tigard signed an Intergovernmental Agreement (IGA) with Washington County when it agreed to take over planning jurisdiction in the urban services area. The urban services area is the area outside of the current Tigard city limits, but within Tigard's Urban Growth Boundary. It is the area in which Tigard is anticipated to grow. Fundamental to the agreement between Tigard and Washington County is the understanding that areas in the urban services area will, over time, be incorporated into the City of Tigard as they are more intensively developed and as they require urban services. The proposed development will greatly intensify the need for urban services in this area. Consequently, the development site should be annexed into the City. To satisfy this concern, the following condition shall apply: CONDITION: Prior to final plat approval, the applicant shall sign a consent to annex along with a waiver of time period when the City boundary borders the subject properties. This shall additionally be incorporated by reference into the deeds of all lots within the subdivision. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; No plat name reservation is required for subsequent phases of an existing subdivision, provided the developer is the same and the sites are contiguous. That is the case here. The plat name, Meyers Farm No.2, is not duplicative. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and This will be discussed in greater detail under Tigard Development Code (TDC) Chapter 18.705, Access and Chapter 18.810, Street and Utility Improvement Standards. An explanation has been provided for all common improvements. The applicant's narrative and plans provide the necessary explanation. Section 18.430.060A. authorizes the granting of adjustments for subdivisions in accordance with 18.430.050, provided that the application shall be made with a preliminary plat application with the criteria for granting such adjustments are contained in Section 18.370.020 C p The applicant has requested four adjustments, but these are related to the Streets and Utility Improvement Standards of Chapter 18.810, not the Subdivision Standards. These adjustments will NOTICE OF DECISION PAGE 13 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION be addressed under Chapter 18.370, Adjustments, in the following section. FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in this decision, the preliminary plat approval standards for subdivisions. The applicant has proposed a phased completion for the subdivision improvements, but has not specified the timing or order of these phases. CONDITIONS: Prior to final plat approval, public improvements shall be substantially complete as further conditioned in this decision. Prior to final plat approval, the applicant shall include all required changes on the plat and confirm that the average of all lots sizes is equal to or greater than 5,000 square feet. If uable to meet this standard, the applicant shall reduce the number of lots accordingly. B- APPLICABLE TIGARD DEVELOPMENT CODE SECTIONS Variances and Adiustments (18.370) The applicant has requested four adjustments to various street improvement standards. All adjustments are to criteria found in Chapter 18.810 and are therefore subject to the adjustment review criteria of Section 18.370.020.C.11: The Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The first adjustment is to allow a street (SW DeKalb) to exceed the 15% grade standard. This street is propose to be between 16% and 20% grade. As indicated in the applicant's narrative, this is the result of the existing topography, and the position of the road layout in Meyyes Farm No. 1. Also, when the future street profiles were projected for Meyers Farm No. 1, SW 163r' was pro)ected to be the secondary road (for purposes of grade alignment at the intersection). When SW 163~d became the primary road, this forced SW Dekalb to align with the crown section on SW 163 . This shortened the amount of distance available to make the required grade for SW Dekalb. To maintain a compliant grade would require an extensive amount of fill to bring both SW 16Td and SW Dekalb u in elevation. Even with this fill, the slope would simply be pushed to the west to the future Meyers Farm No.3. At least with Meyers Farm No. 2, there are alternative access points for residents and emergency vehicles. In Meyers Farm No. 3, the south portion of the subdivision will be accessed solely by SW Dekalb. An excessive grade in this location could have more serious impacts where alternate routes are not available. The second adIbstment is to allow SW Cooper Street to exceed 12% grade for a distance greater than 250 feet. The applicant has proposed that SW Cooper beat a grade of up to 15% for 275 feet of distance. While this was originally anticipated during the review of Meyers Farm No. 1, since the street segment that exceeded 12% grade was only 238 feet, no adjustment was required for that first approval. Now, however, the street will be physically extended an additional 37 feet and will generally follow the natural grade. This adjustment is approved based on the adverse impact to the proposed development and the resulting improvement of the additional 37 feet of the same grade will have no determinable effect to the public benefit from full compliance. A third adjustment is requested to reduce the right-of-way width of SW 163rd Avenue from 54 to 46 feet. This adjustment request is the result of the wetland. delineation on site and the required buffers. This results in a narrower buildable area. In order to provide reasonably configured lots on the west side of 163rd, the applicant has shifted the street and tightened the right-of-way. A fourth adjustment, to eliminate planter strips is also requested to address this constraint below. In the worst case, one lot is 72 feet deep. By extending the right of way to meet the standard, the lot depth is reduced to 64 feet. NOTICE OF DECISION PAGE 14 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION Subtracting areas for setbacks, this leaves a 29 foot deep building pad. Staff concurs that impacts to the wetland resource can be minimized by reducing the right-of-way width and bringing the sidewalks curb tight. Street pavement and sidewalk widths are unaffected by this adjustment and will meet City standards. The applicant's argument does not hold, however for the area of 163r that is beyond the influence of the wetland resource. In other words, there is a lack of sufficient justification to reduce the street improvement standard south of Bray Lane. Finally, a fourth adjustment has been requested to eliminate sidewalk planter strips on SW Pollard, SW Cooper, SW Bray, SW 163r , and a portion of SW Dekalb. Staff finds that Tigard Development Code (TDC) Section 18.810.070 provides that for streets with predominant sections of curb tight sidewalks, no planter strip is necessary. This is the case with SW Pollard, SW Cooper, SW Bray, and SW Dekalb where over 80% of the existing street has curb tight sidewalks based on the city's previous standard. Planter strips will be required on SW Dekalb, st of 163' . The applicant has additionally requested that curb tight sidewalks be allowed for SW 163r' based on limiting the potential impacts to the wetland resource. Staff concurs that eliminating the planter strip will lessen the width of required improvements, and result in building envelopes being brought further away from the wetland. However, as discussed previously, the same does not hold true for the area on SW 163' south of Bray Lane. Therefore, planter strips will be required in this section. FINDING: The criteria for granting the adjustments has in most part been met, with the exception of curb tight sidewalks and reduced right-of-way width on SW 163rd south of Bray Lane. CONDITION: Prior to approval of the final plat, the applicant shall revise the right-of-way for SW 163rd south of Bray Lane to accommodate 5 foot wide planter strips between the sidewalk and the street. This additional right-of-way shall be deducted from the net buildable area, and excluded from lot area. Residential Zoning Districts (18.510) Lists the description the residential Zoning District. The site is located in the R-7: Medium-Density residential zoning district. The R-7 zoning district has the following dimensional requirements: STANDARD , ;R-7..' Minimum Lot Size Detached unit 5,000 sq. ft. Duplexes 10,000 s .ft. Average Minimum Lot Width Detached unit lots 50 ft. Duplex lots 50 ft. Maximum Lot Coverage 80% Minimum Setbacks Front yard 15 ft. Side facing street on corner & through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between property and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Requirement 20% The proposed lots range in size from 4,294 to 7,744 square feet. Some lots are below the minimum lot size requirements of the code but are allowable through lot size averaging which permits lots to be 80% of the minimum lot size (4,000 square feet) provided the average of all the lots meets 5,000 square feet. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to comply with the setbacks, height and lot covera/landscape requirements during the building permit review process for the homes on individual lots. Al? i lots within this subdivision are for single-family units. This is not a planned development, therefore, the setbacks are as prescribed by the base zone. NOTICE OF DECISION PAGE 15 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access E ress and Circulation (18.705): M05.030 (G). describes loin access provisions. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. No joint access is proposed with this application. All access will be direct from each lot and provided via public or private streets. It shall be noted that to qualify as a tract for private street status, a minimum of three lots must be served by it. There is a potential that Tract J would only serve two lots, violating the street frontage requirements of Chapter 18.810. Moreover, direct access from a street stub (without an appropriate termination) is not permitted, as may be the case with Parcel 2. Therefore, a condition shall be imposed that the construction documents show access to Parcel 2 occurring solely from Tract J. This condition shall not affect future access from a subsequent street extension. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will directly access a public or private street. CC&R's or plat notes will specify that the private streets be maintained at the required standards on a continuous basis. Required walkway location. On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes: Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. As this proposal is for a single-family development, this standard does not apply. NOTICE OF DECISION PAGE 16 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810, Street and Utility Improvements Standards later in this decision. Inadequate or hazardous access. Applications for building permits shall be referred to the ommission or review w en, in a opinion of the Director, the access proposed: Would cause or increase existing hazardous traffic conditions; or Would provide inadequate access for emergency vehicles; or Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. The lots within this subdivision will be providing direct access to public or private streets that connect directly to public streets. The subdivision will obtain access through existing public streets, and the applicant will be required to improve SW Bull Mountain Road with standard 22 feet of pavement from centerline, along with a 6 foot wide sidewalk. Streets within the subdivision will be required to meet city design standards, except for those portions of streets where an adjustment has been granted =mission r to previous discussion of adjustments). The Director has determined that Planning review is not necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 and through the AASHTO, Washington County and City's road design standards. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. The proposed streets within this development are all locally classified. No lots will be permitted to access SW Bull Mountain Road directly. It is anticipated that after development of this subdivision and development occurs in the urban growth boundary expansion areas to the south, SW 163 will function as a higher level of street, most likely as a neighborhood route. However, such designation has not been placed on 163r c, and the Transportation System Plan does not identify the need for such a route in this location at this time. There are no additional restrictions for driveway,Placement on neighborhood routes. Therefore, no additional requirements shall be applied to SW 163` . In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed single-family development is exempt from this requirement. Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meetingg adequate stacking needs, 'sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. The proposed development plan shows primary access will be provided from SW Bull Mountain Road. Secondary access will be obtained through SW Pollard, SW Cooper, SW Bray, and SW Dekalb Streets. A Transportation Impact Analysis was submitted by Kittelson & Associates, Inc., dated November 19, 2003. The report concluded that the sight distance requirement can be met at the intersection of 163a and Bull Mountain Road. The preliminary construction plans indicate the visual clearance areas at each intersection can be met. The applicant's engineer shall provide post- street construction certification that sight distance is met at all new intersections. The applicant was also required to look at traffic impacts with regard to a left turn lane from westbound SW Bull Mountain Road traffic. The applicant's engineer has indicated that warrants were not met for a left-turn lane on SW Bull Mountain Road. Staff concurs with this finding. NOTICE OF DECISION PAGE 17 OF 42 SUB2003-00014 -MEYERS FARM SUBDIVISION r • Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. Bull Mountain Road is classified as a collector. Lots 119, 120, 121, 160, 161 and 162 are within 150 feet of the intersection of 163' /Bull Mountain Road. Lots 119 & 120 shall only have access onto Pollard Lane. The driveway for Lot 121 must be located at least 150 feet from Bull Mountain Road along 163 or take access from Pollard Lane. The driveways for Lots 160, 161 and 162 must be located as far south as possible along their frontage on 163' . Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. No driveways are proposed along Bull Mountain Road, which is classified as a collector. Lots 119 and 120 shall have driveway access onto Pollard Lane, while Lot 162 shall have access onto 163~d Avenue. The streets within this development are all local streets. The distances between the interior intersecting streets exceeds the minimum 125 foot spacing requirement. The Intersection of SW 163rd on Bull Mountaip Road is approximately 600 feet from SW 1615 to the east and approximately 325 feet from SW 164 to the west. This criterion is met. Minimum access requirements for residential use. Vehicular access and egress for single- family, duplex or attached single-family we ing units on individual lots and multi-family residential uses shall not be less than as provideYin Table 18.705.1 and Table 18.705.2; The access and egress into the site itself is discussed later in this decision under the Street and Utility Improvements Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; There are no residential access drives apart from typical driveways proposed with this project. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. The maximum cross slope of a required turnaround is 5%. There are two private streets (Tract J at 120 feet and Tract K at 152 feet) that terminate at the project NOTICE OF DECISION PAGE 18 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • boundaries. No turnaround has been shown for Tract K although it is proposed to be extended to serve two additional lots in a future subdivision. Nevertheless, a temporary turnaround shall be required to be either placed in a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is re-platted to eliminate this tract once no longer needed) or in a temporary easement on ad)oining property with that owner's consent. Compliance with grade standards will be assured during the construction document review phase. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no private driveways that will exceed 200 feet in length. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. No driveways shall be permitted on SW Bull Mountain Road. Therefore, this standard is not applicable as there are no driveway approaches to arterial or collector streets. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: The construction documents shall show access to Parcel 2 occurring solely from Tract J. Prior to approval of the final plat, the applicant shall submit CC&R's detailing the maintenance responsibilities for the private streets. The final plat an_9 construction plans shall indicate that all driveways on the west side of SW 163` within 150 feet of the intersection of SW Bull Mountain Road shall be placed as close as possible to the southern property line of each affected lot. Lots on the east side of SW 163` within this influence area shall be accessed from SW Pollard Lane. The final plat and construction plans shall indicate that no direct vehicular access shall occur from SW Bull Mountain Road. A temporary turnaround for Tract K shall be required to be either placed in a tract within the subdivision boundaries (possibly rendering a lot unbuildable until it is re-platted to eliminate this tract once no longer needed) or in a temporary easement on adjoining property with that owner's consent. Compliance with grade standards will be assured during the construction document review phase. The applicant's engineer shall provide post-construction sight distance certification for the intersections of SW 163rd Avenue at Bull Mountain Road and at proposed Street "G". Densitv Computations and Limitations (18.715): ap er 18.715 implements the Comprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, NOTICE OF DECISION PAGE 19 OF 42 SUB2003-00014 -MEYERS FARM SUBDIVISION 0 subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-war, and land for private streets from the total site area. Of the total site area (355,545 square feet), 85,855 square feet will be dedicated to public and private street right-of-way. In addition, 15,914 square feet is encumbered by wetland. The applicant did not include the wetland buffer area in their determination for density calculations. This represents an additional 24,467 square feet. The resulting net developable area is therefore, 229,309 square feet. Therefore, the maximum number of lots permitted on this site based on 5,000 square foot lots is 45, and the minimum number of lots is 36. The applicant's proposal to build 44 lots for single-family detached homes meets the maximum and minimum density requirements of the R-7 zone. FINDING: The applicant's proposal for 44 lots complies with the 45 lot maximum density and the 36 lot minimum density based on the net acreage of the site. Environmental performance standards (18.725): These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 oTffie Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park IP) zoning district, ere shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is pea in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily _W_cTable at an point beyond the property line of the use creating the odors is prohibited. DM rules for odors (~40-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. This is a detached single-family project, which is permitted within the R-7 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigards' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. Exceptions to Development Standards (18.730): ec ion 18.730.020 (C) saes a limitations or building heights and flag lots. Limitations on the placement of residential structures on flag lots apply when any of the following exist: A flag lot was created prior to April 15, 1985; A flag lot is created after April 15, 1985 by an approved partition; or A flag lot is created by the approval of a subdivision and the flag lot is located on the NOTICE OF DECISION PAGE 20 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • periphery of the subdivision so that the lot adjoins other residentially-zoned land. While there are no flag lots in the subject application, one lot (#139) is configured so that the front and rear yard setbacks would be on the east and west property lines, leaving a 34 foot wide building pad. The applicant may choose to reconfigure this lot (by shortening Tract J, and extending a flag pole to meet it) so that the lot would be considered a flag lot. Flag lots are able to determine front and rear yards, provided a 10 foot side yard is maintained. If this is not changed prior to final plat recording, the front yard for Lot 139 shall be the west property line. The maximum height for an attached or detached single-family, duplex, or multiple-family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1-112 stories or 25 feet, whichever is less, except that the maximum height may be 2-112 stories or 35 feet, whichever is less, provided: The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; A 'f0-foot side yard will be preserved; A residential structure on an abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Where an agreement is made to plant trees capable of mitigating direct views, the agreement shall be deemed a condition of approval under the provisions of Section 18.390.030 D. The tree planting agreement shall be a condition of Chapter 18.360, Site Development Review, for three or more attached units or a multiple-family residential structure, or, at the time of issuance of building permits, for single detached units, one duplex or two attached residential units. This will be required as a condition of this approval. Section 18.730.030 states the requirements for Zero Lot Line Setback Standards The provisions of this chapter apply to the R-4.5 and R-7 zoning districts and are limited to single-family detached dwelling units. The provisions of this chapter shall be applied in conjunction with: An application for planned development approval under the provisions of Chapter 18.350, Planned Development; An application for subdivision approval under the provisions of Chapter 18.430, Subdivision; or An application for partitioning approval under the provisions of Chapter 18.420, Partition. No proposal for zero lot line setbacks has been proposed, these standards are therefore inapplicable. FINDING: The requirements for flag lots may apply to Lot #139 within the subdivision. CONDITIONS: Prior to final plat approval, the applicant shall either reconfigure Lot #139 so that it meets the definition of flag lots in which case the requirements for flag lots shall app to this lot, OR make no change to the lot with the understanding that the front yard is determined to be the west property line. If lot #139 is reconfigured, Prior to issuance of building permits for structures on Lot #139, the applicant's plans shall reflect that the maximum height for the residential structure is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: A. The proposed dwelling otherwise complies with the applicable dimensional NOTICE OF DECISION PAGE 21 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • requirements of the zoning district; B. A 10-foot setback will be preserved along the side yard abutting the periphery of the subdivision; C. A residential structure on any abutting lot outside the subdivision either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and D. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot outside the subdivision unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. Landsca in and Screening (18.745): Chapter 8.745 con ains landscaping provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.030.E states that existing vegetation on a site shall be protected as much as possible (for example, areas not to be disturbed can be fenced as in snow fencing which can be around individual trees). The applicant has shown graphical representation of street trees but in the legend they are called out as Existing Street Lights". The graphical representation of trees is acceptable for general placement, but final placement will be per the spacing standards of Section 18.745.040 and the final street tree variety as approved by the City Forester. Section 18.745.040.C contains specific standards for spacing of street trees as follows: Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; and Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; A final street tree plan shall include trees spaced per the above standards. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family detached residential use is proposed adjacent to existing detached single-family dwellings. The Meyers Farm No. 2 subdivision is surrounded by detached single-family homes and undeveloped parcels with R-7 zoning. Therefore, this section does not apply. Section 18.745.060 contains the provisions for re-vegetation where natural vegetation has been removed through grading: Such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. The applicant will be required by these standards and CWS' standards to replant disturbed areas. A condition will be imposed to ensure that this occurs. FINDING: Based on the analysis above, the applicant's street tree plan requires minor changes. The applicant has not provided an erosion control plan. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit a revised street utility plan that shows the location, species, and size (minimum 2-inch caliper) of required street trees along the public and private streets per the City's spacing standards of Section 18.745.040(0). Selection of the tree species will be in accordance with the City Street Tree list and the City Forester's NOTICE OF DECISION PAGE 22 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 recommendations. Submit an erosion control plan that identifies areas for re-vegetation, topsoil storage areas, methods of replanting and topsoil restoration in accordance with Section 18.745.060. Off-Street Parking and Loading Requirements (18.765): Chapter 18.765, Table 18.765.2 re uq ires a single-tamily residences be provided with one (1) off-street parking space for each dwelling unit. Compliance with this standard will be enforced during the building permit review process. Since the Code requires 20 feet from the property line to the face of a garage, this will insure that at least one car can park off of the street, outside of any garage. FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Sensitive Lands (18.775) The development site includes an area of wetlands. These wetlands do not appear on the City's Comprehensive Plan Map of Wetland Areas, and are therefore regulated as follows: Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard Wetland and Streams Corridors Map, do not require a sensitive lands permit. The City shall require that all necessary permits from other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. The wetlands within this site do not appear as significant wetlands on the City's map, but may be regulated by CWS and state agencies. A condition of approval will be imposed requiring the necessary permits from Army Corps, Division of State Lands, and CWS be obtained. FINDING: It shall be noted that the proposed conveyance of separate Tracts within the Wetland Buffer seem to conflict with CWS Design and Construction Standards. Staff recommends that this area be consolidated into a single tract to facilitate a comprehensive management strategy, versus the piecemeal maintenance that will occur under separate ownerships. CONDITION: Prior to final plat approval, tracts A-H, I, and L shall be consolidated into a single tract. Signs 18.780 : Chapter regulates the placement, number and design criteria for signage. No signs are proposed in conjunction with this development. The applicant has indicated that they will apply for sign permits to erect subdivision entry signs as authorized in Section 18.780.130(A)(3). Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be required. CONDITION: Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. Tree Removal (18.790): NOTICE OF DECISION PAGE 23 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • Chapter 18.790.030 requires the submittal of a tree plan that identifies the location size and species of all trees on the site a program to save existing trees over 12-inch diameter at breast height (dbh) or mitigate ?or their removal, identification of trees to be removed, and a protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has submitted a tree inventory prepared by a certified arborist (Robert Manzany). The tree inventory indicates that there are 49 total trees on-site greater than 12 inches in diameter, and of those, 31 are subject to the mitigation requirements (i.e. not dead, dying, diseased, or dangerous). Of those 31, 20 are proposed for removal, or approximately 65%. However, the Bull Mountain Community Plan requires that no more than 50% of the trees at time of development may be removed. The applicant will need to revise the tree removal plan to retain at a minimum, an additional 5 trees. Since no more than 50% of the trees may be removed, the mitigation will require that Y2 of the caliper inches of the trees being removed will be required to be replanted. Since the final removal plan will require revision, final calculation of the mitigation will be dependant on the final tree removal and protection plan. The applicant may opt to plant the mitigation on-site (preferred), off site with the propert y owner's permission, or pay a fee in-lieu of replanting, currently assessed at $125 per caliper inch. The Bull Mountain Community Plan requires all mitigation trees to be a minimum of 1Y2 inches in diameter. The actual amount of mitigation will depend on what occurs in the field, and may be adjusted up or down depending on whether additional trees are preserved or removed through the construction process; but in no case shall the number of trees retained be allowed to drop below 50%, without constituting a violation of the tree ordinance and this decision. The City Forester has reviewed the applicant's protection plan and provides the following comments: "As required, the applicant submitted a tree plan that was conducted by Robert Mazany. The plan contains three out of the four required components of a tree plan, and, is.therefore, unacceptable. The tree plan does not outline how the trees that will remain onslte will be protected. The submitted plans indicate that there are numerous trees that will be preserved on various lots throughout the development, but no indication is given as to how they will be protected during development. The plans should show where the tree protection fencing will be located in relation to the building footprints. It is difficult to determine if any construction will occur within the trees' driplines. If construction does occur within the driplines, the Project Arborist must explain or set guidelines for how the tree roots will be protected." Below are the City Forester's tree protection plan guidelines: TREE PROTECTION PLAN REQUIREMENTS The full text of these following requirements shall be placed on the tree protection plan Any tree that will not be removed onslte that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. . Prior to construction, a Tree Protection Plan, conforming to the International Society of Arboriculture (ISA) guidelines, shall be submitted with the proposed construction drawings for review and approval by the Carty Forester. T his plan shall include the existing and proposed grading contours and a composite utility plan to ensure minimization of utility lines and street improvements within the specified tree protection zone (TPZ). All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan and shall show, to scale, exactly how far the tree protection fencing will be from the face of each protected tree. This plan shall also include the proposed building footprints shown in relation to the trees being reserved. These footprints represent the maximum limits of disturbance for home construction and are binding upon the applicant and future owners of lots within the subdivision. If construction is to occur within the trees' driplines, the applicant, through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City `Forester. The applicant shall note that damage inflicted upon neighboring trees may be subject to private civil action by the adjoining property owner. Prior to any site work, tree protection measures NOTICE OF DECISION PAGE 24 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • 0 must be installed around all trees to be retained. Once installed, the City Forester must inspect the tree protection measures. Work may proceed on the site only after the City Forester has approved the placement of the tree protection measures. Prior to site work, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside o any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: Visible. Constructed of 11 Gauge steel chain-link fencing supported on at least 2" 0. D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. Remain ►n place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist shall follow one or more of the guidelines listed below.,: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation as shown in `Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the pr gJect arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, 'he project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long- term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City will stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. If a violation has occurred, one or more of the following penalties will be pursued through the infraction process. NOTICE OF DECISION PAGE 25 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of the Tigard Development Code; and 8. Paymenf of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. FINDING: The applicant's tree protection plan is inadequate. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. The applicant will be required as a condition of approval to record a deed restriction limiting the removal of trees that are retained on the project site following completion of the subdivision improvements, in accordance with this standard. FINDING: Based on the analysis above, the Tree Removal standards are not presently met but the proposal can be made to comply, by the imposition of the following conditions: CONDITIONS: Prior to any site work the applicant shall revise their tree removal plan so that a minimum of 50% of the mature non-hazardous trees on site are preserved. Prior to any site work, the applicant shall submit a final Tree Protection Plan that follows the recommendations of the City Forester, as outlined under the discussion of Chapter 18.790, Tree Removal, in this decision. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. Prior to any final plat approval, the applicant shall submit a tree mitigation plan and/or program for the trees that will require removal for the improvements and to site the future houses. If proposing to replant, the applicant shall submit a bond for the value of the trees assessed at $125 per caliper inch. The bond shall be returned to the applicant upon completion of the replanting. If the replanting has not been completed by the final inspection on the last lot, the Clty may collect the bond. If paying the fee in-lieu, such payment shall occur prior to final plat approval. Vision Clearance: applies to all development and requires that clear vision area shall be Chapter ~ maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no NOTICE OF DECISION PAGE 26 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The applicant has indicated the vision clearance areas on the street/utility plan and has not proposed any structures (including retaining walls) or vegetation in the vision clearance areas. Construction plans for the streets will need to be reviewed and approved that satisfy the visual clearance requirements. Subsequent grading and vegetative removal may be imposed during infrastructure construction to assure that this standard is met. FINDING: Because no structures are currently proposed in the vision clearance area and all future buildings will be reviewed for compliance during the building permit phase, this standard has been satisfied. The applicant has additionally been conditioned to provide a post construction sight distance certification for SW !63rd and SW Bull Mountain Road, previously in this decision. C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utilitv Improvements Standards (Section 18.810) Chapter provi es construction standards or the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a minor collector street to have a 60-foot right-of-way width and a 40-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Bull Mountain Road, which is classified as a collector street with bike lanes on the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant shall dedicate additional ROW to provide for 35 feet from centerline to the south. SW Bull Mountain Road is currently partially improved. In order to mitigate the impact from this development, the applicant shall construct half-street improvements including curb, sidewalk, planter strip and storm sewer. The paved section shall be 23 feet from centerline. The applicant has asked for an adjustment to the ROW width on 163rd Avenue from 54 feet to 46 feet. The applicant is proposing to,provide 32 feet of paving and curb-tight sidewalks. The main argument for this adjustment is that there have been recent changes in the wetland buffer widths. Staff concurs with this argument for the section of SW 163rd Avenue that is impacted by the wetland buffer area. Therefore, the adjustment can be made to the ROW of 1p3r Avenue, from Bull Mountain Road to the north side of SW Bray Lane. The ROW section for 163r Avenue, from Bray Lane to the south, shall be 54 feet wide. This will provide for a 32 foot paved section, 5 foot sidewalks and planter strips. Alternatively, the standard for a local street can be reduced based on vehicles per day. The reduced sections provide for planter strips, while reducing the paved section and on-street parking. The applicant has also requested an adjustment to the planter strip requirement. One of the exceptions is where curbside sidewalks already exist on predominant portions of the street. Curbside sidewalk exists on SW Dekalb Street, Bray Lane, Cooper Lane and Pollard Lane as part of the on final Meyers Farm Development. Staff has agreed that the extension of these curbside sidewalks wilt be' allowed up to the east side of SW 163 Avenue. The planter strip will be required along NOTICE OF DECISION PAGE 27 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION i • Dekalb, west of 163~d Avenue. The section of 163rd Avenue south of Bray Lane will also be required to have planter strips. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Sheet 1 of the applicant's plans shows a theoretical circulation plan with the future development to the west (Volpe property), Tract 2 to the south and existingg development to the east (Meyers Farm). The plan set also includes the anticipated future grades of fhe offsite streets if the land were to develop as shown on Sheet 1. The applicant has applied for an adjustment to the street grade standard for Dekalb Street because the grade of 15% exceeds the allowed maximum distance of 250 feet. Based on the information above and the review by Staff, the future street plan is reasonable and meets this criterion. Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicated to the City. There are no proposed cul-de-sacs in this proposal. Street Alignment and Connections: Section 1g .810.030.H.1 states that full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due' to a regulated water feature if regulations would not permit construction. Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. The applicant has provided a proposed street layout, including future streets that meet this criterion. Section 18.810.030(H)(3) requires proposed street or street extensions to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, NOTICE OF DECISION PAGE 28 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • 0 such as schools, shopping areas, and parks. There are no existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas, and pparks adjacent or near this site that require street extensions. The applicant has stubbed a street (SW 163 ) to the south property boundary for future extension through Tract 2 and further south to the urban growth expansion area. Grades and Curves: Section 18.810.030.M states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet), and: 1. Centerline radii of curves shall not be less than 700 feet on arterials, 500 feet on major collectors, 350 feet on minor collectors, or 100 feet on other streets; and 2. Streets intersecting with a minor collector or greater functional classification street, or streets intended to be posted with a stop sign or signalization, shall provide a landing averaging five percent or less. Landings are that portion of the street within 20 feet of the edge of the intersecting street at full improvement. The applicant has asked for the following adjustments: 1 SW Dekalb exceeds the 15% grade standard (proposed grade varies from 16 /o - 20%); 2 SW Cooper Lane exceeds 12% grade for longer than 250 feet approximately 275 feet). The applicant has stated that existing topography and intersection design requirements necessitate the steeper grades, but that the design will not be detrimental or injurious. Staff concurs with this request for the adjustments to street grades. Access to Arterials and Major Collectors: Section 18.810.030.P states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: A parallel access street along the arterial or major collector; Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector; or Other treatment suitable to meet the objectives of this subsection; If a lot has access to two streets with different classifications, primary access should be from the lower classification street. Bull Mountain Road is classified as a collector. There will not be any driveway located directly on Bull Mountain Road. The driveways for lots 160-162 shall be located on 163rd Avenue, as far south from Bull Mountain Road as possible. Driveways for lots 119 120 & 121 shall be placed on Pollard Lane, although the driveway for lot 121 can be placed on 16P Avenue if it is more than 150 feet south of the south ROW line of Bull Mountain Road. Private Streets: Section 18.810.030.S states that design standards for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. Tract J will be a private street to lots 139, 140, 141 and future lots on Tract 2. Tract K will provide a private street to lots 150, 151, 152 & 153. The applicant's plan indicates that Tract K will be extended in the future to serve 2 lots to the west (designated lots 183 & 184). Private streets can serve no more than 6 lots; therefore the driveways for lots 149 & 154 must be located on SW 163 Avenue, as indicated on the applicant's Composite Utility Plan, Sheet 4 of 8. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how NOTICE OF DECISION PAGE 29 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 • the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. Section 18.810.030.T limits the number of unitds served by a private street to six. By requiring lots 149 and 154 to access SW 163 rather than Bray Lane, this standard will be met. FINDING: The requirements for streets have not been met. CONDITIONS: The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the pprivate property owners are to maintain the private street(s). These CC&R's sf~all be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they. will construct a half-street improvement along the frontage of SW Bull Mountain Road. The improvements adjacent to this site shall include: A. City standard pavement section for a collector street from curb to centerline equal to 23 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 6 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per TDC requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; 1. underground utilities; J. street signs (if applicable); K. driveway apron (i applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road in a safe manner, as approved by the Engineering Department. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. Lots 149 and 154 shall not be permitted to access SW Bray Lane. Lots 119,120 & 162 shall not be permitted to access directly onto SW Bull Mountain Road. Lot 120 shall not be permitted to access directly onto 163~d Avenue. Lot 121 shall not be permitted an access on 163 Avenue that is within 150 feet of the new south ROW line of Bull Mountain Road. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. Additional right-of-way shall be dedicated to the Public along the frontage of Bull Mountain Road to increase the right-of-way to 35 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication shall be on the final plat. NOTICE OF DECISION PAGE 30 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • 0 The final plat shall show the ROW width for 163rd Avenue to be 46 feet for the portion between Bull Mountain Road and Bray Lane. The final plat shall show the ROW width for 163` Avenue to be 54 feet for the portion between Bray Lane and the southern terminus of 163r Avenue. The plat shall contain a restriction against access onto Bull Mountain Road from the subdivision lots. The plat shall contain a restriction against access from Lot 120 directly onto 163rd Avenue. The plat shall contain a restriction against an access from Lot 121 directly onto 163rd Avenue within 150 feet from the new south ROW line of Bull Mountain Road. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final at, that clearly lays out a maintenance plan and agreement for the proposed private street( s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the right-of-way line except: Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. For non-residential blocks in which internal public circulation provides equivalent access. Section 18.810.040.13.2 states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. The applicant's plans meet the required block length in all situations. Future extension of streets may not meet the block length standard; however, full compliance is prevented by topographic and natural resource constraints. This will be reviewed as part of a future subdivision request. For the purposes of this subdivision, this standard is met. FINDING: The standards for blocks have been met. Lots - Size and Shape: Section 18.810.060(A) ~rohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is ess than 1.5 times the minimum lot size of the applicable zoning district. There is only one lot (#139) within the subdivision that is greater than 7,500 square feet, 1.5 times the minimum lot size. The width of this lot is 115 feet, while the depth is 64 feet. If reoriented as recommended previously in this decision, the width would be 64 feet with a depth of 115 feet or 1.8 times the width. NOTICE OF DECISION PAGE 31 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • Lot Frontage: Section 18.810.060(8) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. All lots within the proposed subdivision have 25 feet of public or private street frontage. FINDING: The standards for lots have been met. Sidewalks: Section 18.810.070.A =arterial, that sidewalks be constructed to meet City design standards and be located on both collector and local residential streets. Tracts J & K shall have a 5 foot sidewalk in a 5 foot easement on one side. The applicant has shown sidewalks on both sides of all public streets. The planter strips were discussed above in Section 18.810.030. Section 18.810.070.13 requires as part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile (2,640 feet) of their site to all transit facilities and Neighborhood Activity Centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrians stem off-site if justified by the development. If there is an existing sidewalk, on the same sidle of the street as the develo ment, within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). There are no neighborhood activity centers within Y2 mile of the site. The site abuts SW Bull Mountain Road which presently has sidewalks to the east (Meyers Farm No. 1 but lacks sidewalks to the west up to the edge of the Urban Growth Boundary. A forthcoming development application for Meyers Farm No. 3 will be responsible for these street improvements, and additional right-of-way dedication. Since additional right-of-way is necessary to place the sidewalks in their ultimate alignment, staff finds that it is not prudent to require the off-site sidewalks with this development. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant ortions of the street; it would conflict with the utilities, there are significant natural features F arge trees, water features, etc) that would be destroyed if the sidewalk were located as required or where there are existing structures in close proximity to the street (15 feet or less)Adgitional consideration for exempting the planter strip requirement may be given on a case by case basis if a property abuts more than one street frontage. As discussed previously in the adjustments section, planter strips were not required for several streets in the proposedsubdivision, but are required for SW 163`d south of Bray Lane, and SW Dekalb, west of SW 163`d FINDING: The applicant's proposed private streets lack sidewalks and portions of planter strips. CONDITION:. The construction drawings shall indicate curbside sidewalks on Dekalb Street, Bray Lane, Cooper Lane and Pollard Lane from the east property line to the east side of 163` Avenue. The construction drawings shall indicate sidewalks with planter strips on Dekalb Street, west of 163`d Avenue. The construction drawings shall indicate that both private streets (Tracts J & K) will have a 5 foot sidewalk along one side. NOTICE OF DECISION PAGE 32 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • The construction drawings shall indicate curbside sidewalks on 163rd Avenue, from Bull Mountain Road to the north side of Bray Hne. The drawings shall also indicate that there will be sidewalk with planter strips along 1633,' Avenue, south o Bray Lane to the southern terminus of 163 Avenue. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. This site is within Clean Water Services (CWS) service area. The applicant's sewer plan must be, reviewed and approved by that agency. The applicant's Composite Utility Plan indicates that public sewer will be extended to serve the site. Easements must be provided on the plat for all sewer lines that will be constructed outside the proposed ROW. Easements must also be provided for sewer line that will be constructed off site. The plan also indicates a portion of existing sewer line to be abandoned. This line must be removed and disposed of according to current standards. Any public sewer lines that are installed outside of paved roadway areas shall be built with ductile iron or PVC C-900 pipe. Prior to construction, the public sewer sastem design must be reviewed and approved first by Clean Water Services and then by the City of Tigard. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency, now Clean Water Services, in 2000 and including any future revisions or amendments). The upstream drainage is collected by a storm sewer system in Meyers Farm (Phase 1). The storm system constructed with the Meyers Farm project will be extended to serve this development. The storm system will continue to the west across the Volpe property, terminating at a water quality facility before discharging to the wetlands. Easements will be required for the public storm sewer system constructed in Tract K and on the Volpe property. The public storm sewer system design, including water quality treatment, must be reviewed and approved by CWS and then by the City of Tigard. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions or amendments). NOTICE OF DECISION PAGE 33 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • • In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The subject site is in the Summer Creek watershed. The applicant has not proposed to provide detention and shall submit approvals from CWS for the storm sewer system design. It is anticipated that the City will eventually maintain the sewer and storm lines in this area. Because of this, the City will also require this applicant to construct any public storm drain main lines, outside of a paved area, with either PVC C-900 or ductile iron pipe material. FINDING: The standards for storm drainage are met and will be confirmed though the construction document review. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Bull Mountain Road is designated as a bicycle facility. Cost of Construction: Section 18.810.110.6 states that development permits issued for planned unit developments conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. It would not be practical to require the developer to stripe the bike lane at this time. However, it would be appropriate for the applicant to contribute funds to the City to cover the cost of the bike lane striping. The amount of the striping would be as follows: • 320 feet of 8-inch white stripe, at $2.50/If 800.00 • 8 Mono-directional reflective markers @ $4.00/ea $32.00 • 1 Bike lane legends @ $175/ea $175.00 1 Directional mini-arrows @ $100/ea $$1000 Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The future bike lane will be 6 feet wide, which is the standard for a Collector. FINDING: The requirements for bike lanes are not met. CONDITION: Prior to final plat approval, the applicant shall pay funds toward the cost of bike lane striping. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: The developer shall make all necessary arrangements with the serving utility to provide the underground services; NOTICE OF DECISION PAGE 34 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • i The City reserves the right to approve location of all surface mounted facilities; All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding. There are existing overhead utility lines along the frontage of SW Bull Mountain Road. If the fee in- lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 352.7 lineal feet; therefore the fee would be $ 12,344.50. It remains the burden of the applicant to demonstrate that physical undergrounding is not practicable. It is the expectation that the applicant will underground these overhead utilities, as was done in Meyers Farm No. 1. FINDING: The applicant is responsible for undergrounding overhead utilities. CONDITION: Prior to final plat approval the applicant shall either physically underground the overhead utilities or demonstrate that such undergrounding is infeasible. If the City Engineer concurs that it is infeasible, then a payment In-lieu of $12,344.50 will be required. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Stud Findin s: ranspo a Ion Impact Analysis was prepared for this project by Kittelson & Associates, I%c., dated November 19, 2003. The study found: 1) The Intersection of Bull Mountain Road and 164` Avenue operates at acceptable levels of service under year 2003 existing conditions during the weekday a.m. and p.m. peak periods; 2) The intersection was also forecast to operate at acceptable levels under year 2004 back round traffic conditions during the weekday a.m. and p.m. peak periods; 3)The proposed single Yamily development is estimated to generate approximately 490 new dally trips, with 40 new trips occurring during the weekday a.m. peak hour and 50 new trips occurring during the weekday p.m. peak hour; 4) Sight distance was found to be adequate at the study intersections and internal site intersectios; 5) Left- and right-turn lane warrants are not met at the future SW Bull Mountain Road/SW 163r Avenue intersection. Public Water S stem: Tile su sec site is within the 550-foot service zone. The first phase of Meyers Farm extended water lines from the east that are available for extension into this phase. In addition, the Water System Plan Map (Water Distribution System Hydraulic Study, 2000) calls for a 16-inch transmission line to be extended through this area in order to ensure adequate ultimate pressures in the 550-foot zone. Part of this transmission line was constructed with the Tuscany subdivision development to the north. The line will ultimately be extended between Tuscany and Bull Mountain Road via SW 164th Avenue. The transmission line needs to be extended to the south boundary of this development, where it will turn east and eventually be extended south and east through Urban Reserve Area No. 48. No portions of the 16-inch transmission line have been constructed in the vicinity of this site. Staff recommends the 16-inch ling be extended as a part of the Meyers Farm No. 2 development along the proposed route of SW 163' Avenue. The line should extend from the existing 8-inch water line in NOTICE OF DECISION PAGE 35 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION & • Bull Mountain Road and terminate at the south terminus of SW 163rd Avenue. The developer should coordinate with the City to ensure that this transmission line be installed with the development. Because the development itself can be served by a 12-inch water main, as shown on the utility plan, the City will cover the difference in cost between the installation of a 12-inch water line and a f6-inch line. The developer will be required to show that they have competitively bid the transmission main line work. Storm Water Qualit : The Cit i y as agree to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00.7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 .percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The existing water quality facility that serves Meyers Farm (Phase 1) will be removed and replaced with the new facility proposed on the Volpe property. The applicant's submittal includes preliminary calculations showing that the swale will serve Meyers Farm, Meyers Farm No. 2 and the south portion of the Volpe property. Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. The pond shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three-year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. Gradincoi and Erosion Control: Design an Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. NOTICE OF DECISION PAGE 36 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 0 The applicant will also be required to have their geotechnical engineer review the construction plans and sign all sheets that pertain to the project grading. They will also be required to have their geotechnical engineer sign the final as-built drawings of the site grading. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The applicant is required to obtain an NPDES permit for this project. Address Assi nments: Fe i y o agar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressingg fee in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior fo approval of the final plat. For this project, the addressing fee will be $2200.00 (44 lots and/or tracts X $50/address = $2200). Surve Requirements he app scans Ina p a shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's lobal positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the' same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). D. - IMPACT STUDY Section states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Bo Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a detached, single-family dwelling is $2,530. NOTICE OF DECISION PAGE 37 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 01, • The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets. Upon completion ofthis development, the future builders of the residences will be required to pay TIF's totaling approximately $111,320 ($2,530 x 44 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $347,87$111,320 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $111,320, the unmitigated impact can be valued at $236,555 (347,875-$111,320). The developer is required to improve SW Bull Mountain Road along the project frontage (353 feet@$200 per lineal foot=$70,600) and provide funds for bike lane striping ($1100. The total value of these improvements is approximately $71,507. VALUE OF IMP LESS SW BULL MOUNTAIN IMPROVEMENTS $71,507 Given that the value of these improvements is less than the value of the unmitigated transportation impacts, the exactions are proportionate. E. - WASHINGTON COUNTY BULL MOUNTAIN COMMUNITY PLAN is area is within the City o igar s ran Services Area. In 1997 the City of Tigard and Washington County entered into an agreement that Tigard would review all applications for development within the Urban Services Area. Washington County adopted the City's Development Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that the City would continue to review projects in "areas of special concern" as defined in the SW Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This project site is not in any Areas of Special Concern or wildlife habitat designations. The following section addresses the other relevant portions of the Community Plan. Summit and Slopes - Design Elements: 1. The residential character of this subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All roads planned for improvement or connection to SW Bull Mountain Road within the Planning area should be constructed as minor collectors or local streets following the topography generally and not directly aligned with other major roadways. The proposed development is a residential subdivision. Streets will be designed as local streets and will generally follow the topography on the site. Layout of streets is largely dictated by the city's connectivity standards, which require among other things, block lengths to not exceed 2,000 linear feet, and street connections to occur every 530 feet. Stree{s within the subdivision are pdically extensions of the street pattern established in Meyers Farm No.1, with the exception of SW 16~ which runs perpendicular to SW Bull Mountain Road. This subdivision provides 6 stub connections to other subdivisions, present and future, to disperse traffic. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for building on steep slopes, as defined in the Community Development Code, are intended to ensure that development activities do not increase the potential for earth movements such as landslides or land failures in the steeply sloped subarea. There are no areas on the site that meet the criteria for steep slopes (defined as greater than 25% by the development code). Detailed site plans will be generated at the building permit stage for home construction. NOTICE OF DECISION PAGE 38 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION i • 3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. The final grading plan will show all proposed grading. Additionally as previously noted, there are no areas of steep slopes on the site. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This is required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for revegatation after areas have been cleared, shall be included with the required grading plan. Revegetation shall be completed before October 15 of the year of construction, or a temporary treatment shall be required sufficient to prevent erosion prior to the rainy season An erosion control/grading plan will be required to show revegetation methods in compliance with this standard. Vegetation will be protected within the water resource area. Other areas of the site will require stripping to grade the lots for proper storm drainage. However, these areas will be reseeded and/or covered with mulch to prevent erosion. 5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 11/2-inch diameter. This issue is addressed under the Tree Removal section of this decision. The City's tree removal standards require only review and mitigation of trees over 12 inches in caliper. The applicants tree removal submittal had indicated that greater than 50% of the healthy trees over 12 inches in diameter were to be removed. This issue is addressed previously under 18.790 (Tree Removal), above, and conditioned such that the applicant will need to revise the removal plan to meet the 50% threshold. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. The wetland located in the northwest corner of the site is being preserved in open space areas (Tracts A, B, C, D, E, F, G, H, I, and Q. As noted previously in this decision, this division of ownership of tracts complicates management and maintenance of the open space area. It additionally creates a perception of homeowners that they fully own and control these areas, irrespective of the conservation easement. Staff has observed numerous incidents where these areas, when not delineated in the field and marked by separate ownership are encroached upon with private yard landscaping and structures. The city is not interested in creating a situation that lends itself to hostile or controversial enforcement action. The development code authorizes staff to enact conditions of.approval to mitigate for impacts generated by the development provided the condition is related to and proportionate with the level of anticipated impact Therefore, it will be a requirement of this decision that the open space tracts be wholly consolidated into a single tract on the final plat and conveyed to the homeowners association. Use of power line easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There are no power line easements within the subject proposal area. This element is not applicable. NOTICE OF DECISION PAGE 39 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION • i 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not,within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Water Department has reviewed the proposal and submitted comments which have alreadybeen incorporated in the "Street and Utility Improvement" section above. The City of Tigard Forester has reviewed the proposal and submitted comments which have been incorporated into the "Tree Removal" section above. SECTION VIII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and conditions of approval: 1) Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) The submitted plan provides adequate access to meet this standard. 2) Dead end fire apparatus access roads in excess of 150 feet in- length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) The submitted plan meets this standard. 3) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1) 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. (UFC Sec. 902.2.2.3) - (See diagrams on back) s) Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 - 98.812" and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.1) 6) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. Intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. (UFC Sec. 902.2.2.6) When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. NOTICE OF DECISION PAGE 40 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION 0 110 7) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 8) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 9) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 1o) The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5) 11) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) Washington County has reviewed the proposal and provided findings related to traffic safety impacts. The report identified the following recommendations which are made part of this decision: Provide adequate illumination at the proposed site access along SW Bull Mountain Road. Adequate illumination shall consist of at least one 200 watt high pressure sodium cobra head luminaire mounted at a minimum height of 20 feet on existing utility poles if available. The fixture shall have a medium semi cutoff type III distribution. T e pole shall be within the area defined by the radius returns of the intersection. The fixture shall be oriented within 90 degrees to centerline of SW Bull Mountain Road. If no existing utility poles are available within the intersection area defined by the radius returns, the developer shall meet the requirements of the Department of Land Use and Transportation 1991 Roadway Illumination standards, latest revision. County Traffic Engineer may require illumination in addition to the above stated minimums . Direct technical questions concerning this condition or the 1991 Roadway Illumination Standards to Robert Morast, County Traffic Engineer at (503) 846-7955. 2. Provide adequate intersection sight distance to both directions along SW Bull Mountain Road at the proposed site access in accordance with the Washington County's Community Development Code. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: once was posted at City Hall and mailed to: X The applicant and owners -X- Owner of record within the required distance -T_ Affected government agencies Final Decision: THIS DECISION IS FINAL ON APRIL 29, 2004 AND EFFECTIVE ON MAY 14, 2004 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION PAGE 41 OF 42 SUB2003-00014 - MEYERS FARM SUBDIVISION A eal: Pe erector's Decision is final on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.396.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted b any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 13, 2004. Questions: you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. organ racy Associate Planner APPROVED is ar ewersdo Planning Manager April 292004 DATE April 292004 DATE is\curpln\morgan\workspace\sub and pd\sub2003-00009 (summit ridge)\sub2003-00009 decision (0).doc NOTICE OF DECISION SUB2003-00014 - MEYERS FARM SUBDIVISION PAGE 42 OF 42 y . 7~14 I I so,*,e6 S W COLONY PI 01- R 0 -1 GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP SU62003-00014 VAR2003-00086 VAR2003-00081 VAR2003-00088 VAR2004-00015 MEYERS FARM N0.2 SUBDIVISION BULL MOUNTAIN RD cT L ,Community- Develop m-ent _ eUl3G~~ L-~ . N t O W 0 100 200 300 400 500 Feet j 1'= 391 feet ~ a0 ,'City of Tigard. Information an this map Is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd - Tigard, OR 97223 (503)639.4171 hltpJhww+.ci.tigard.or.us Plot date : Jan 21, 2004; CArnagic\MAGIC03.APR d rn 0 y "O URBAN GROWTH BOUNDARY URBAN GROWTH BOUNDARY ~ 179 173 171 i 207 1 208 1 209 1 110 111 1212 , 213 1 214 , 215 1 ` CT 'C' 11 178 I 177 , I 176 1 175 r a , 1 70 M4 y ISO 171 i 174 1 y 1--~-- gyp' ~ . pry ~r•~ _ J~ f 181 ~ \ ~ 1 1,~... ~ 170 I i f - -11........1....... L 199 ~Q 198 191 1 190 I - ..i ~------°o-r w @a \ 168 i ' --------1 I 5182 206 F. --------Ii i 181 /167 169 205 200 1 192 i 189 i i---------r--=---- 1~a,eca~s3►s.'r___ v ~ ~fl~vr 186 183 165 204 201 , 196 93 18CalSti~-------~ I I 1 (`1 ! \ i' 163 185 . 203 202 1 195 194 i 187 1 i N 00'09'5 1' E 11289.56+ 163 _ _ _ It ~48 a 151 emSZ 14~ r 1 of 142 4 143 4 144 145 4ww vw. ~yyoo a 147 a 150 13~ w:.2• .J~ i~.~ r~ 4~ ° i W W. B72L r.• m axs d I r , ew .s a 4 154✓+ ip R ACQ~B 141 a I ~ L$ / a 1.55 a 157 158 159 180 181 18 • O 3 u 138 SW 163 A VE 1. mow w. z m 9 s 140 I1 -'w AM i3p ~i= a W * 1«:: I 11 1~ U3 a $ o a 1 4 l 12C 'i D 139 r n • ~38 1 I ~ I _ L33 . 13 400 2 a.l~ a 127 .1mo26 w a 1123 1• a ~ 1~i~i 3 S 13'55 W 532.0 ' uK +r >ruC! • I - Z 24 25 26 27 28 29 O 23 _ S 89' '4 03 i 60 61 +i' H 80 B 1 r v+ 99 ` 100 118 N I 117 C 62 M R 79 82 n 98 101 m 59 E i I o W m z v < r Vf Z O Z CITY OF TIGARD PLANNING DIVISION s • ATTACHMENT 2 APPEAL FILING FORM FOR LAND USE DECISIONS CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code, therefore, sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at the phone/fax listed at the top of this form. GENERAL INFORMATION Property Address/Location(s) and Name(s) of the Application Being Appealed:,C%,~7 How Do You Qualify As A Party?/ Appellant's Address: //::]Eyr City/State: 2 Zip: !2~1/ Day Phone Where You Can Be Reached'(~Q-:3) Scheduled Date Decision Is To Be Final: Date Notice of Final Decision Was Given: Specific Grounds For Appeal or Review: FOR STAFF USE ONLY Case No.(s): ~4~2Q'J3- 00~-- I V Case Name(s): rs ~rx ra~'1 f~~ 2 Receipt No.: Application Accepted By: Date: S 1 J y A Approved As To Form By: Date: Mm Denied As To Form By: Date: Rev. 15-Aug-02 is\curpln\masters\revised\appeal.doc REQUIRED SUBMITTAL ELEMENTS ✓ /,Application Elements Submitted: [5/Appeal Filing Form (completed) vl [9 Filing Fee (based on criteria below) ➢ Director's Decision to Planning Commission $ 250.00 ➢ Expedited Review (deposit) $ 300.00 ➢ Hearing Referee $ 500.00 ➢ Planning Commission/Hearing's Officer to City Council $1,952.00 Transcript) Signature o -Pellant s): APPEAL FILING FORM FOR LAND USE DFCISIONR CITY OF TIGARD 5/13/2004 13125 SW Hall Blvd. 4:45:28PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200400000000002036 Date: 05/13/2004 Line Items: Case No Tran Code Description Revenue Account No Amount ]raid SUB2003-00014 [ULANUS] APPEAL DD-PLN COM 255-0000-438000 250.00 Line Item Total: $250.00 Payments: Method Payer User ID Acct/Check Approval No. How Received Amount Pai. Check F T WEBER kjp 2211 In Person 250.00 Payment Total: O Pay to the Order of. 1-866-4UMPQUA~.. s (1-866-486-7782) UMPQUA www.Umpgtuabank oom ~•A•N•It Foy y L,/I~~i~'1L1. Page 1 of 1 fi.cumF F..Iar.. t D.r.D..n mct. $250.00 r cRece 'Tt - F T WEBER 2211 PH. 503-636-9855 16869 SW 65TH AVE., #260 LAKE OSWEGO, OR 97035 96-505/1232 Date s LE • A P RECEIVED PLANNING 26 May, 2004 Morgan Tracy City of Tigard Planning Department Tigard City Hall 13125 SW Hall Boulevard Tigard, OR 97223 Re: Appeal of the Approval for Meyers Farm No. 2 Subdivision Dear Mr. Tracy: JUN 0 1 2004 CITY OF TIGARD I represent the Applicant, George Marshall, and am writing this letter to present, in general terms, our reasons for filing an appeal of the Approval for Meyers Farm No. 2 Subdivision. (SUB 2003-00014, VAR2003-00086, VAR2003-00087, VAR2003-00088, VAR2004-00025). The intent of this letter is to clarify our reasons for filing the appeal. Condition 4 of the Conditions of Approval states: "4. Prior to site work, the applicant shall revise their tree removal plans so that a minimum of 50% of the mature non-hazardous trees on site are preserved. " It is our understanding that this condition was placed on this approval as a means of enforcing a provision of the Bull Mountain Community Plan that requires that no more than 50% of the mature trees on any site be removed for the purposes of development. Through an intergovernmental agreement, the City of Tigard is administering this land use review. The land use review is to include all applicable sections of the Development Code of the City of Tigard as well as applicable sections of the Washington Community Development Code, which includes the Bull Mountain Community Plan. This insures that the land use review reflects important approval criteria that have been established by both the City of Tigard and Washington County. In this case the City of Tigard is enforcing a provision of the Bull Mountain Community Plan that is no longer applicable to this land use review based on revisions to the Washington County Community Development Code. Washington County has recognized that development at the density prescribed by zoning and the Code makes compliance with the tree preservation requirement of the Bull Mountain Community Plan impractical, if not impossible. As a consequence, Washington County has rewritten their code to allow removal of all trees identified and approved for removal through a Type II or Type III procedure in an approved development plan (Section 407-3.2.A). The Bull Mountain Community Plan requirements relating to tree removal would not apply in this situation. LAMOINE FILER ARCHITECTURE PLANNING LLC 2387 NW NORTHRUP, #9 PORTLAND, OREGON 97210 PHONE/FAX 503.226.1145 • Meyers Farm No. 2 Subdivision r Appeal of the Approval , 26 May, 2004 In this particular case, the City of Tigard has based their requirements for tree preservation on one section of the Bull Mountain Community Plan and have not taken into account the other provisions of the Washington County Community Development Code that address tree removal. The basis for the requirements in Condition 4 are unfounded given the position maintained by Washington County which is reflected in the current Code. The requirements of Condition 4 have placed an undue hardship on the Applicant, and as a consequence, the Applicant has been forced to appeal the decision. Sincerely, L~;f&* S~~ Lamoine Eiler CC: George Marshall Tom Weber Bill McMonagle 2 ATTACHMENT 4 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into this Lk day of ma,,,, , 1997, by WASHINGTON COUNTY, hereinafter "COUNTY" and the CITY OF TIGARD, hereinafter "CITY" both political subdivisions of the State of Oregon. WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern; and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to determine the cost effectiveness and feasibility of this transfer; and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of SB 122; WHEREAS, this agreement provides for a newly designed method to provide governmental serIvlces, is unique to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES CivTERGOVERNI ENTAL AGREE.vfENT/TIGARD/\VASHINGTON COUNTY Page I • • NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "1" to this agreement and is hereinafter referred to as the "area." II. DELEGATION OF AUTHORITY A. The COUN'T'Y agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: 1. Provision of planning information to applicants for development review for all land development proposed for the active planning area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications. 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. 3. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. LRBAN SERVICES IN-MRGOVEP-NNtENTU. AGREEMEVTMGARDAVASH1 1GTON COUNTY Page 10. Preparation of final orders for all final decisions made pursuant to this agreement. i l . Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the active planning area. 16. Processing and issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Maintenance and improvements of roads within the area. 13. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations c. Conditions of approval violations d. Right of way permit violations e. Road and street hazards ?0. Removing vegetation from right-of--ways. ? 1. Reviewing OLCC and DLfV land use compatibility statements. URBAN SERVICES rN-1ERGOVERN"MENTAL AGREEvtENTTIGARDAVASi+GTON COUNTY Paae 3 • • 111. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. In recognition of initial start up costs and the assumption by the CITY of applications in process, an initial dollar transfers outlined below will be made by the COUNTY to the CITY as provided for herein. As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Affected Area which is the subject of this agreement. Those areas of cost are: operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement. The remaining two described cost areas to the CITY will be analyzed as provided in Section (IV)(B) and (VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfer all documents, files, and computer data relevant to the particular services denoted in the agreement on or before the effective date of the agreement. The data shall be in a format compatible to the CITY's system. All costs associated with the creation and/or duplication of these documents, files and computer data shall be borne by the COUNTY. The documents to transferred are listed in Appendix 1. All documents shall be transferred before the effective date of this a(2reement. URBAN SERNZCES INTERGOVER IvMNI AL AGREEMENTMGARD/WASHLNGTOly COUNTY Page 4 -kny service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be done before the effective date of the agreement or later as specified in this agreement. For all subsequent years, the allocations shall be made no later than 30 days after July I of each year. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement, the provisions of paragraph IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY. 4. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY'S Community Development Department render appropriate land use decisions including "areas of special concern" and flood p lai n/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 5. Provide coordination with the CITY in updating and development of the COUNtY's transportation capital improvement program. 6. Adopt provisions of Tigard's Municipal Code and engineering standards, street standards and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed under section H of this agreement. 7. If at a quarterly meeting, it is determined that the COUNTY fee schedule is not adequate to compensate CITY for services performed, upon presentation of adequate documentation to this effect. COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no cost to the CITY for operational expenditures under this agreement. URBAN SERVICES ItiTERG0VER.\tifEN7A AGREE'ktEvTiTIGARD/WASHINGTON COUNTY Paiae • • C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services (development assistance development review) on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. Perform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the CITY's street standards as adopted by COUNTY in evaluating public and private development and/or projects in the area. 4. Perform road maintenance work for local public streets and receive payment for such work-from the Urban Road Maintenance District, as described in Exhibit 2. 5. Perform road right-of-way maintenance on roads and streets and receive payment for such work from COUNTY Road Funds, as described in Exhibit 3. 6. Perform road maintenance work and receive payment for such work from Maintenance Local Improvement Districts, as described in Exhibit 4. 7. Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 5. 8. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 6. 9. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting, that the applicant will agree to the formation of a Street Lighting District. 10. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this agreement and receive payments, as described in Exhibit 7. URBAN SERVICES INTERGOVEILNNMENTAL AGREE~tEtiT/"rIGARDAvASHTNGTON COUNTY Paee 6 • i i . Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits, right-of-way use permits, sign permits and development application fees. CITY will use the COUNTY fee schedule for all engineering and development permits as that schedule is annually adopted by COUNTY. CITY shall apply its own fee schedule for building permits. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect MLID and URMD assessments for this area and transfer them as provided for in this agreement under Exhibits 2 and 4. 12. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATTNG PROCEDURES AND RELATIONSHIPS The COUNTY and CITY agree: A. Operational Expenses. It is the parties' intent that this agreement be revenue neutral to the CITY. This agreement attempts to be revenue neutral through fund transfers and the collection of fees by CITY. It is expected that the fees gathered will cover the cost of those services including some enforcement or appeals of CITY decisions. However, if those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall in addition to adjusting the fees as stated in Section TII(B)(7), reimburse CITY for the any deficiency remaining at the end of each quarter. Such reimbursement shall be made within thirty (30) days of a quarterly meeting or within thirty (30) days of the end of any fiscal year whichever is applicable. To be eligible to receive such payments for the deficiency, the CITY is required to: 1. Meet quarterly with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the quarter. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next quarter. The quarterly meetings shall aid in detertrining the fund transfers that are set in the annual meeting as described below. 2. Maintain a separate fund for all accounting functions relative to the area covered by this agreement. Be in compliance with all other provisions of this agreement. URBAN SERVICES RNFMRGOVER~\T)MENT AL AGREES[ENTTIGARD/WASHIiNGTON COUNTY Paoe 7 • • B. Defense of Appeals/Liability As described in paragraph II(A)(11) above, it is contemplated by the parties that LUBA or other court actions may arise from the-review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is important to proceed the defense where the COUNTY does not concur, the CITY will absorb the cost. In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the parry creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for Citv's acts or omissions to a maximum aegreeate amount of 5500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actually received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50/50 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party, its officers, employees or agents. URBAN SERVICES INTERGOVER.NRvtEVTAL AGREES[EitTi-nGARD/WASPUNGTON COUNTY Pasze 3 • • In the event any portion of the area covered by this Agreement annexes, County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a 5500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph (2) above. In no event shall County be responsible for any costs, damages, judgments, settlements, or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: the fund balance is expended in defense or on behalf of City as described in paragraph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days' notice if County declines to replenish the reserve in any future budget year. 5. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. To the extent'possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the dispute to the COL,'i`TI'Y Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.300 shall apply. URBAN SER\/ICES FINTERGOVEP:NNiENT L AGPEENtEIN47iTIGARDIWASHILNGTOtN COUNTY Page,) • • D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY CommunityDevelopment Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. -,,Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services,. reimburse the CITY for operating deficits described in section IV(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changes in the CITY's development code as it applies to the area. COUNTY and CITY shall work.together to ensure that all CITY code changes are promptly auvN«u by ~-vvi~ i A. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. URBAN SERVICES INTERGOVER:~tENTAL AGREE:vtENTiTIG.APD~'•VASHIL+'GTON CO[,LvTY Page 10 • H. City shall maintain 53,000,000 aggregate general, professional and automotive liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be named as an additional insured (except that County need not be named on professional insurance if that is unavailable). County shall pay to City the first year premium to a maximum of $5,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. 1. In the event City elects to terminate this Agreement prior to the end of the five (5) year term as provided for in section V City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5) years. Either party may terminate this agreement between the dates of March 1 and July I of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two _years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. URBAN SERVICES INTERGOV'ERNMENTAL AGREE:vtEi 7/TIGARDAVASFIINGTON COUNTY Paize I I • • Vi. HOLD H_ARIMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY,- its Commissioners, employees, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section (IV)(B). B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section (IV)(B). VII. GENERAL PROVISION A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVAiNIT TO THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATDiG TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED AGENTS OF BOTH PARTIES. This agreement commences on June 2, 1997_ MI applications or request for permits received by COUNTY between ilvtav 1, 1997 and June 1. 1997 will be transferred to CITY for all remaining actions necessary for those applications and permits. 1J'RBAN SERVICES FINTERGOVER Z EN'TAL AGREE."-fEiNTiTIGARD/1VASiII`GTON COUNTY Page 12 In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON IGARD By By 7",::- /Z/ Linda Peters Jim Nicoll Chair, Board of County Commissioners ayor, City of Tigard Date / rf Date 2// 7 Approved as to form: ounty 4Counse PJtw uvwg 0 I vptm i g7(Si7h97) Approved as to form: City Attorney APPROVED WASHINGTON Cou:rry BOARD C: OOIp~vt~i*.SS~GivE:tS MINUTE' ORDER x ....../..7 Ddi3 ........5'. "!URic or T}Hv ARP URBA.v SERVICES QNTERGOVERINWENiTAL AGREELtE.NT/TIGARD/%VASI-IINGTON COUNTY Paoe 13 1 J - 1 - a rt ~ T rd ; fAA E S _ D ALD ST o ~ Q 1J co LL w w co 4~ J yA ~t L}brn (}n.tlh E3r?lrY { \ f ITS-. • • EXHIBIT 2 Urban Road Maintenance District Responsibility for services under the MAD shall not take effect until November 1, 1997. CITY shall provide maintenance of urban roads in the area to keep existing roads in the URMD consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. The funding for the UFLMI) will expire in 1998/1999. The last day for the imposition of assessment for this Distrct will be November 1999. Once the funding expires, the duties for urban road maintenance under this District and under this agreement will cease. City shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. City shall receive payment from the County from the UMRD in the amount of S 1,620.00 as of November 1, 1997. This money is for minor maintenance duties for the remainder of the 1996- 1997 year. There after, the City shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement: Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. • 0 EXHIBIT 3 Road Fund Maintenance CITY shall assume responsibility for road maintenance duties described in this exhibit as the Road Maintenance Program on November 1, 1997. CITY shall provide maintenance of roads in the area to keep existing roads consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall receive payment from the COUNTY from the COUNTY Road Fund in the amount of S41,343.00 as of November 1, 1997. Thereafter, the CITY and COUNTY shall mutually agree upon a work program and an amount to be received for such work program for the following fiscal year at the annual meeting of the parties. Road Maintenance Program There are 44.95 miles of road to be maintained in the transfer area with 30.07 miles of local roads, 4.1-4 miles of minor collector roads and 10.64 miles of major collector roads respectively. Road maintenance is scheduled and service requests prioritized as per the county's road prioritization policy. The COUNTY's Road Maintenance Priority Policy provides guidelines for allocation of our maintenance funds. These guidelines shall be used to help establish the yearly work program for the area. The policy defines various maintenance activities by type, ranging from legally mandated services, to total reconstruction. A numerical value is assigned to each activity based on the road's functional classification with major arterial and collectors given first priority for general maintenance. tMinor collectors and local roads are given a higher level of service with the passing of the UR.vID program, however without renewal the maintenance service on these roads will follow our priority matrix and receive emergency and hazard abatement only. Emergencies and hazards are given top priority, for example all stop signs and stop ahead signs damaged or down are repaired within two hours of notification. For collector roads that are both in area, as well as the unincorporated portion of Washington County, CITY shall assume full maintenance responsibility. (Example: Bull Mountain Road). Development affecting the arterials and collector streets within the transfer limits has already happened and appears to be "built out". Traffic Operations Program Traffic Operations provides support to include analyzing traffic control device warrants to insure and enhance roadwav safety. Also prodded are traffic analvsis, studies, reports and pre-marking services as necessary. Traffic Operations staff support the Neighborhood Traffic Calming Program by conducting traffic studies and obtaining tragic count data. Staff work with individuals and citizen groups to address neighborhood livability issues and implement traffic enhancements. A 35,452.00 allowance has been provided for this purpose. Neighborhoods requesting traffic calming shall be ranked and prioritized as per CITY's current method. An amount of 57,500 shall be used for projects that would normally qualify under CITY's program. Funds may also be used for education tools such as readerboards, banners, and community outreach. The Mountain Gate Subdivision has requested traffic calming in their neighborhood. Under COUNTY's current program they do not rank high enough to qualify for funding. The Homeowners Association has verbally agreed to pay for traffic calming improvement themselves. It is recommended that CITY complete any necessary staff work and engineering development to get this project off the ground. Might Road Logs: To ensure a high standard for maintenance of signs and striping, CITY shall conduct night road logs checking for reflectivity once a year on arterials and collector roads. This is accomplished with 2 employees working as a team, covering an average of 55 lane miles per night or 7 lane miles per hour. Street Name I Limits I Mileage 115th Avenue Fonner Street to City Limits 00.13 121 st Avenue Walnut Street to Gaarde 01.66 Street 131 st Avenue Beef Bend Road to Fischer 01.06 Road 150th avenue Sunrise Lane to Beef Bend 02.32 Road Bull Mountain Road Highway 99W to Beef Bend 06.13 Road Fischer Road Hiehwav 99W to 131st V 01.36 Avenue Former Street Walnut Street to 1= 1st 01.66 Avenue Gaarde Street City Limits to 121st Avenue 00.89 • Roshak Road Bull Mountain Road to End 00.56 o f AC Tiedeman Avenue I Walnut Street 00.03 Walnut Street I 106th Avenue to 135th I 03.16 Avenue 19.06 lane miles Station Counts: In order to track traffic trends and monitor the level of service, CITY shall conduct counts at the following established stations. Average cost during the 95/96 fiscal year was 563.97 per count. Street Name Cross Street Location 150th avenue Beef Bend Road .3N 9439 Bull Viountain Road 150th Avenue AE 9403 Walnut Street 122nd Avenue l W 9438. Traffic Maintenance Program Striping and Stencils: No work proposed for this fiscal year. Vegetation Program: No work proposed for this fiscal year. A minimal pavment of 53,000.00 for incidental brush removal. Drainage Program Drainage requests, including emergency situations are currently handled by the Unified Sewerage Aizencv. The major collector roads are not scheduled for ditching until the 1999/2000 fiscal year. However. an S6.000.00 budget will be transferred to CITY for drainage maintenance, emergency response and additional citizen requests not currently identified by USA. The following work program shall be completed for the upcoming fiscal year by CITY: 1. Bull ytountain Road: Ditch south from Roshack Road and install rip- raD in ditch as needed. 2. Bull Mountain Road: Reshape ditch and install shoulder rock at 1 16 70 SW Bull Mountain Road mailbox installed in flowline of ditch, light flooding of property. 3. 150th Avenue: Light ditch work at 14400 SW 150th Avenue, homeowner mailbox located in ditch blocking flow. 4. 121st Avenue & Walnut Street: Spot ditching at inlets and outlets of the driveways and road crossing tiles. EXHIBIT 4 Maintenance Local Improvement Districts As of May 1, 1997, CITY shall impose a condition on any land use application requiring the creation of roads, for the establishment of a Maintenance Local Improvement District. CITY responsibility for service under the Maintenance Local Improvement Districts shall not commence to November 1, 1997. As of this date, CITY shall provide maintenance of roads covered under applicable Maintenance Local Improvement Districts in the area following a work program as mutually agreed to by the parties. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall not receive any payments from the COUNTY from the Maintenance Local Improvement Districts for 1996-1997 year. There alter, the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July I each year for the duration of the agreement. • EXHIB(T 5 Traffic Impact Fees • CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. • • EXHIBIT 6 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints as well as the results of the complaints. CITY shall keep all tines levied from violators. County shall pay a base amount of S 15,000.00 with this amount being transferred to the CITY on May 1, 1997. At the end of the fiscal year 1997-1998, if CITY has responded to more than 71 cases in the area COUNTY shall pay an additional amount of S 150.00 for each case not to exceed 530,000.00. APPENDLY 1 File, Document & Computer Data Transfers • FEMA Maps • County Zoning Map • County Assessor's Tax Maps (two sets) ♦ Subdivision Plats ♦ Address maps ♦ County Assessor's Property Owners List (including those within 250' of Urban Services Boundary) ♦ County Comp Plan Map and Transportation Plan Map (Modification of original Transportation Plan to identify all new collectors and proposed collectors.) ♦ Benchmark Map & Description (include both Tigard and Urban Services Area) ♦ Full-size Street Map with index and parcels (include both Tigard and Urban Services area) ♦ As-built Drawings for Public Streets and Subdivisions ♦ Electronic Download of Sierra Permit Information ♦ Digital Orthophotos • Detailed Natural Resource Information (if available) ♦ Identification of Special Problem Areas ♦ Contact names and phone numbers of Washington County staff 16 12:4Fi 1996 FRO61: 503 248 9055 •'%!9'16/S6 LEON 12:39 FAX 503 9085 PRESTON r TO: 2473 Low RIVED pif NING SEP13 m6 FAGS: 2 Z002 f7( (\j P~~ ATTACHMENT 5 (kV ORDINANCE ADOPTING A ATEW ARTICLE (VIII FOR THE WASHINGTON COLTITY ORDINANCE NO. 487 (DEVELOPMEN'T CODE AMENDING THE REST (TIGARD CONMIUNITY PLAN AND THE BULL (MOUNTAIN CUM UNITY PLAN The Board of County Commissioners for Washington County, Oregon ordains: Section 1. A Washington County (County) currently provides a variety of services to that area of unincorporated land generally described in the West Tigard Community Plan, and the Bull Mountain Community Plan, including Walnut Island and an area north of the Tualatin River and East of I[ighway 99, but excluding the area immediately adjacent to King City, all as more particularly described iin the attached Exhibit 1 map and Exhibit IA legal description incorporated herein by reference below. This area is hereineLer re. rr ed to as "affected area." B. The County desires to adopt the City planning and zoning regulations, with L-nited exceptions more specifically established in the attached Exhibit 4, to govern land and certain other uses End activities within the affected area. These new planning and zoning regulations shall become Article VIII of the Washington County Community Development Code. The City regulations adopted by this Ordinance includes regulations governing planning and zoning, including the City enforcement methodology; and C. V►rth the adoption of this Ordinance, the County is establishing a framework to delegate and transfer to the City of Tigard (City) responsibility for provision of certain urban services to provide more efficient public service to the citizens of the affected area, the City and County, through the mechanism of an intergovernmental agreement implementing this Ordinance. The services to be transferred and delegated to the City through an intergovernmental agreement to follow adoption of this Ordinance include quasi-judicial and ministerial planning services, including the issuance of development decisions and code enforcement services. D. - The County and City have determined transfer and delegation of such services from the County to the City will provide more efficient urban services, including planning services, to the affected area, and E. In order to accomplish an effective and efficient delegation and transfer of senice provision and responsibility in the manner contemplated, the local regulations applicable to the affected area mast be reasonably uniform and changes to the County's Community Development Code are required; and F. It is most uniform and efficient for the City to administer its own regulations, and other relevant standards with minimal County regulatory overlap, which City planning regulations are acknowledged as being in compliance with the Statewide Planning Goals and changes to the County's Community Development Code are required; and G. The existing West Tigard Community Plan recognizes the desirability of coordinated planning functions with the City, and ; Page 1 - ORDINANCE NO. 487 ' 11R'~y.~➢~PdQ W,TWA911.DOC ctio Z;'Zo iv: C4id F:AG'c. 3 09/16/96 MON 12:41 FAX 50 8 9065 PRESTON LAW FIRM • Z003 H. A portion of the affected area is within the City's Active Planning Area. In this area outside of the City* limits, the County makes decisions on individual development proposals, zoning and public improvement projects, with the City having a right of review and comment on such proposals and projects; and .L The existing urban planning area agreement (UPAA) between the City and County calls for cooperative efforts between the City and County governments to provide efficient and high quality services to the citizens of both jurisdictions and this agreement will be amended to effectuate this Ordinance and the UPAA is hereby amended to the extent necessary to reflect the Ordinance amendments herein established; and J. Under ORS 195.060 to 195.085, urban services agreements are authorized between urban service providers governing the provision of certain urban services including parks, open space, recreation and streets, roads and mass transit; and K. Under ORS 215.170, the City and County are authorized to jointly agree on the management of land located within the Urban Growth Boundary, and L. Under ORS Chapter 190, the County is authorized to transfer and delegate to the City by agreement certain functions otherwise provided by the County in order to provide efficient public service; and M The City has functionally equivalent plan and zoning designations to be applied to the affected area because of the historic coordination between the County and the City, among other things. No Statewide Planning Goal (Goal) impacts, either direct or secondary, will occur as a result of the adoption of this Ordinance, as the affected area will be moved from one Goal complying zone. of a particular classification (i.e., residential to residential, industrial to industrial) to another. The County's adoption of the most equivalent City plan designation and zoning district for the affected area ensures no direct or secondary Goal impacts. N. The County Board of Commissioners initiated this action prior to September 1, 1996 and, therefore, the County does not intend the adoption of this Ordinance to trigger the new Goal 5 rule, effective on September 1, 1996. In a telepbone conversation with the Land Use and Transportation Department Director, the DLCD Director confirmed this.understanding; and 0. The County Counsel is hereby authorized to codify this Ordinance as is deemed appropriate by counsel and to make such administrative revisions as required to effectuate proper codification. hemat: The following exhjbits, are attached and incorporated herein by this reference as if fully set forth A- Exhibit 1:. Land Use and Zoning Map of Affected Area B. Exhibit IA- Gereral Legal Description of Affected Area of Ordinance 487 Page 2 - ORDINANCE NO. 487 JAV61KkX"M5- O.0=WASH1DOC CG/16 12:48 1996 FROM: 503 246 9065 TO: 2473 PAGE: 4 '09/16/,96 MON 12:42 FAX 503 9055 PRESTO'S L4R FIRM • IjO04 C. Exhibit 2: Goal 5 and NTatural Area Map for Unincorporated City of Tigard Area D. Exhibit 3; County District B Boundary and Areas of Special Concern for Unincorporated Tigard Area E. Exhibit 4: Text of Article VIII Amendments to County Community Development Code F. Exhibit 5: City of Tigard Community Development Code (Title 18) G. Exhibit 6: City of Tigard Comprehensive Plan Section 3. Effective Date; Implementation This Ordinance is effective thirty (30) days after the date of enactment, specified below. This Ordinance shall apply only to development and applications for development submitted, initiated or commenced, as more specifically provided in Exhibit 4, on or after May 1, 1997. ENACTED this _ day of 1996, being the reading and public hearing before the Board of County Commissioners of Washington County, Oregon. BOARD OF COUNTY COHI USSIONER.S FOR WASHINGTON COUNTY, OREGON RECORDING SECRETARY READING First Second Third Fourth Recording Secretary: Date: Page 3 - ORDINANCE NO. 487 PUBLIC DARING J,a.tauo+om. Asl-,moc 09/16/96 MON 12:42 FAX 503 9055 PRESTON L4R FIRM L 00S ORDINANCE No. 487 EXHIBIT 4 SEPTEMBER 9, 1996 N . ARTICLE VIII LAND USE A- ,D ZO1`TL~IG FOR CERTAIN PORTIONS OF UNINCORPORATED CITY OF TIGARD AREA 801-1 Intent and Purpose The purpose of this Article VIII is to establish the regulations applicable to that area of land generally described in the County s west Tigard Community Plan and the Bull Mountain `Community Plan, including Walnut Island and an area north of the Tualatin River and East of Highway 99, but excluding the area immediately adjacent to King City, all as more specifically established on the map attached as Exhibit 1 to this Ordinance, on the legal description attached as Exhibit IA (affected area). 801-2- Scone 801-2.1 Applicability Land and structures within the affected area may be developed only in a manner consistent with this Ordinance. This Ordinance applies to any person developing land and structures and to the successors in interest of such persons and to any process associated with such development. 801-2-2 Application Submission All applications for any local government approval of any kind within the scope of this Ordinance shall be submitted for review and approval or denial, together with the appropriate application or other fee required by resolution adopted under the procedure set forth in this Ordinance. 801-3 Transition 801-3.1 This Ordinance applies to all applications and actions falling within its scope or commenced or initiated on or after May 1, 1997. Applications within the scope of this Ordinance submitted to the County prior to May 1, 1997 and which arc also subject to ORS 215.428, shall be processed under the regulations in effect at the time the application was first submitted, unless the applicant provides a written request to the County that this Ordinance apply to the pending applications and including a waiver of the 120-day processing limitation provided in ORS 215.428 adequate to enable a final local decision on the pending application under the regulations imposed by this Ordinance, which includes all local appeals. 801-3.2 The determination regarding the adequacy of the applicant's requested waiver of the above referenced 120-day limitation period shall be made in the sole discretion of the County or its designee, which designation may be expressed by an implementing intergovernmental agreement or other means, and shall not be subject to any local appeaL The determination regarding the adequacy of the applicant's proposed 120-day waiver shall be reviewable only as provided in ORS 34.010 to 34.100. Page 1 - EXHIBIT 4 to ORDINANCE NO. 487 11q~L7W;..2W ASWCl 09116 12:50 1996 FRO41,: 50; cob ia065 i0: 24 /'3 6 •_09/16/96 VON 12:44 F.4Z 503 9055 PRESTON L4F FIRM • 006 ORDINANCE No. 487 EXHIBIT 4 SEPTEMBER 9, 1996 801-3.3 Where County development approval has been previously granted or a building permit issued prior to the effective date of this Ordinance, the approval or building permit for which such prior County approval has been granted is subject only to those County standards governing such approval or permit on the date approval is finally granted or such building permit is finally issued. Provided, however, alleged violations of such County standards shall be prosecuted under the code enforcement, nuisance and other administrative provisions adopted by this or other Ordinance specifically governing the affected area. Nothing in this Ordinance is intended to prevent ORS 215.428 from governing the standards applied to evaluate certain applications, as required by law. 801-4 Replacement 801-4.1 As specified herein, this Ordinance replaces the masting )h7ashington County Community Development Code standards applicable to all development and development proposals within the scope of this Ordinance and within the affected area, with the City of Tigard Community Development Plan. Specifically, this Ordinance replaces the Maps of the West Tigard Community Plan and the Bull Mountain Community Plan with Exhibit 1 and 3; 4 replaces the County Comprehensive Framework Plan with the City of Tigard Comprehensive Plan, including the City Comprehensive plan background documents, provided however, the Framework plan shall apply to quasi-judicial plan amendments. 801-4.2 All inconsistent County regulations, including Community Development Code provisions, whether adopted by Ordinance or resolution, are hereby determined to be inapplicable to development and application for development within the affected area, that are also within the scope of this Ordinance. The determination of inconsistency shall be made by the applicable County decisionmal:er, unless such authority is delegated and transferred to a City authority pursuant to an implementing Intergovernmental Agreement. AD City regulations adopted by this Ordinance hereby become regulations of the County and, therefore, are deemed part of this CDC Article VIII. 801-5 Interpretation Questions regarding the regulations or plan provisions applicable to individual development and applications therefore, and to what extent such regulations or plan provisions apply, shall be resolved by the decisionmaker to whom such request is directed. 801-6 Definitions 801-6.1 Generally: The definitions contained in the City regulations specifically adopted by this Ordinance shall apply to all matters governed by this Ordinance. 801-6.2 Application: Means any request for a local action of a type falling within the scope of this ordinance. Page 2 - EXHIBIT 4 to ORDINANCE NO. 487 »wunvawTwwstr Doc _09/16/96 MON 12:45 FAX 503 9085 PRESTON L4R FIRM • ~j007 ORDINANCE No. 487 EJ{FBrr 4 SEPTEMBER 9, 1996 801-6.3 City: Means the City of Tigard. However, where the word "City" appears in a City of Tigard Ordinance provision herein adopted, the word "City" shall mean County, but nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.4 City Administrator: Means the City Administrator for the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Administrator shall mean County Administrator. Provided however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-.6.5 City Attorney: Means an attorney representing the interests of the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Attorney shall mean County Counsel. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.6 City Employee: Means an employee of the City of Tigard. However, where used in a City Ordinance provision adopted by this Ordinance, City Employee shall mean County Employee. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.7 City Finance Director: Means the finance director of the City of Tigard. However, where used in a City ordinance provision adopted by the County in this Ordinance, shall mean County Finance Director. Provided however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.8 City Council: Means the City of Tigard City Council. However, where used in a City Ordinance provision adopted by the County in this Ordinance, the word Council or City Council shall mean Commissioners or County Commissioners. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.9 County: Means Washington County. Provided however, nothing in this Ordinance nothing shall prohibit the County from transferring and delegating authority to the City by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.10 Community Development Director: Means the Community Development Director for the City of Tigard. Where used in a City Ordinance provision adopted by the County in this Ordinance, the words Community Development Director shall mean the Page 3 - EXHMIT 4 to ORDINANCE NO. 487 091-lb i Y:32 l ewo rnut': D-1 4. O '1u03 i u: 41 i o ;-";Z:. O '•09/16/9,6 VON 12:46 F.4Z 503 9oss PRESTON L4W FIRM • 1Z 008 ORDINANCE No. 487 F-NMrr 4 SEPTEMBER 9, 1996 Washington County Director of Land Use and Transportation. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City Community Development Director or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.11 Development: Means any building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels or lots, including partitions and subdivisions as provided in ORS 92. 801-6.12 Hearings Ofncer: Where used in a City Ordinance provision adopted by the County in this Ordinance, the word Hearings Officer or Hearings Official shall mean the Washington County Hearings Officer or Hearings Official. Provided, however, nothing shall prohibit the County from transferring and delegating such authority to the City Hearings Officer or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.13 Planning Commission: Where used in a City Ordinance provision adopted by the County in this Ordinance, the word Planning Commission shall mean the Washington County Planning Commission. Provided however, nothing shall prohibit the County from transfemng and delegating such authority to the City Planning Commission or other City authority by means of an implementing intergovernmental agreement pursuant to the provisions of ORS chapter 190. 801-6.14 Roads: Means any public aay designed for use by vehicular traffic including automobiles, motorcycles, trucks, transit and bicycles, including rights of way. 801-7 Consistency with Plan and Laws 801-7.1_ Consistency with State and Federal Law It is intended that this Ordinance be consistent with applicable state and federal law. To the extent that provisions of state or federal law are determined to have mandatory application to the affected. area and to any application or activity otherwise governed by this Ordinance, the mandatory, applicable state or federal law shall be applied as if fully set forth hereat. 801-7.2 Consistency with Statewide Planning Goals This Ordinance involves land subject to three types of County land use districts and designations. These zoning districts are Residential, Industrial and two County overlay districts - the District B Overlay and the Area of Special Concern Overlay. The District B overlay and Area of Special Concern overlay continue to apply, unchanged. Page 4 - EXHIBIT 4 to ORDINANCE NO. 487 11g^..3:11S961AR•ASI{2DOC 00/16 12:54 1996 FROG:: 533 248 9565 TO: 2473 FAGS: 9 ` 09716/96 VON 12:47 FAX 503 2065 PRESTON LAW FIRM ~ ®009 ORDINANCE No. 487 DhaiMrr 4 SEPTSt.'IBER 9, 1996 The City and County plan designations and zoning districts at issue here (Residential and Industrial) are functional equivalents in all respects, including for purposes of County Statewide Planning Goal (Goal) compliance. Both the County and City Residential and Industrial zoning districts and plan designations are acknowledged as being in compliance with the Goals by the Land Conservation and Development Department. With regard to the Residential designations and districts, this Ordinance is neutral with regard to the County's Goal 10 (Housing) compliance. There are no direct or secondary effects on the Board's continued Goal 10 compliance. This is because after review, the County interprets its acknowledged County residential designations and districts to authorize and support equivalent housing opportunities, both in type and cost, to those City designations and districts herein adopted. Regarding other Goals, no goal impact, either direct or secondary will occur by the change from acknowledged County designations and districts to City designations and districts. Equivalent opportunities with respect to citizen involvement, open spaces, air, land and water quality and quantity, economic opportunities and access thereto, recreation, public facilities and services and transportation are provided under the adopted City designations and districts, as was available under the County designations and districts herein replaced. No changes to safety and natural disaster awareness or health issues are made or presented by this Ordinance. The area is within the Metro UGB and, therefore, is presumptively available for urbanization. In any case, the acknowledged County designations and districts were acknovdedged at urban densities for urban level uses, and continue to be available for the same. The County Industrial zoning district and plan designation is at issue within the affected area only with respect to a single, particular property (subject property). This County Industrial zoning is replaced with the City's Light Industrial District and corresponding City plan designation. The Board interprets its own code to mean, for Goal compliance purposes, the only meaningful difference between the City Light Industrial zone district and plan designation and the County's Industrial zone and plan designation, is the City's Light Industrial zone (LI) allows convenience sales, and the County Industrial District does not. However, as with the Residential districts and designations, both County Industrial and City LI district and designations are acknowledged as being in compliance with the Goals and both can be, and are, equally applied to the subject property without any adverse direct or secondary effects on County Goal compliance. Under either the County Industrial or City LI plan designation and zoning district, the subject property may be utilized for industrial purposes. Moreover, the subject property is substantially limited by a 100-year flood plain identified on Federal Emergency Management (FEMA) maps as covering approximately 3/4 of the subject property. This would be a substantial limitation on the development of the subject property for heavier industrial uses in any case. In addition, the subject property is currently being considered for acquisition by the Unified Sewerage Agency for public purposes, which purposes may not directly contribute to the economy of the County or State or the County's industrial base. The subject property is not within an industrial park and is not specifically relied upon by the County or identified by it as a significant County industrial land asset. The County specifically interprets its own code to mean the extent of the subject land's suitability for County industrial purposes in any case is consistent, for Goal 9 compliance purposes, with the uses authorized under the City LI district and plan designation_ There is no Goal 9 (Economy of the State) or other direct or secondary Goal impact from applying the City's Page 5 - EXHIBIT 4 to ORDINANCE NO. 487 JAW" X%3N40-2%WASW-DW 09116 12:55 1996 FROG.!: 603 246 9;,86 TO: 2473 =AGE: 10 09%16/96 MON 12:49 FAX 503 085 PRESTON' L9ti FIRM . ORDINANCE No. 487 EXHIBIT 4 SEPTEMBER 9, 19% LI zoning district to the subject property. . The County's Goal 5 inventory and program are entirely preserved by this Ordinance. Therefore there are no Goal 5 impacts, wbether direct or secondary, from the adoption of this Ordinance. Furthermore, because this Ordinance was initiated prior to the effective date of the new Goal 5 administrative rules, the County is not required to apply the newly revised Goal 5 Bdminis atiive regulations, in any case. There are no Goal 12 (Transportation) impacts, either direct or secondary, as no transportation facility or standards is affected in a way affecting the County's Goal 12 compliance by the County's legislative adoption of acknowledged City regulations herein and the adoption of functionally equivalent City zoning districts and designations to the affected area. In sum this Ordinance triggers no Goals and has no other direct or secondary. Goal effects. This is because acknowledged County and City Goal programs are preserved and effective and, where changed, the Board interprets its own code to mean the replacement regulations are substantially similar to those replaced. This Ordinance simply provides a means for intergovernmental cooperation in an effort to provide more efficient and cost effective public service to the citizens of the affected area as well as the City of Tigard and Washington County. 801-7.3 Consistency with County Charter This ordinance is intended to be consistent with the adopted County Charter. In the event of a determination of inconsistency, the charter shall control. 801-7.4 Comprehensive Plan This Ordinance does not amend or alter the applicability of the text of either the Bull Mountain or the West Tigard Community Plan. It amends only the maps of these two community plans to apply the functionally equivalent zoning districts and plan designations of the City of Tigard to these areas, as shown on the attached Exhibit 1 map, which map contains land more particularly described on the attached Exhibit 1A legal description, both of which are herein incorporated. Provided, however, the Bull Mountain Community Plan resource overlay districts (District B and Areas of Special Concern) are preserved and carried forward in this Ordinance as shown on the attached Exhibit 3 also herein incorporated. The Board specifically interprets the amended maps to be consistent with the West Tigard and Bull Mountain Community Plans governing the affected area. The Board specifically interprets this Ordinance as being consistent with the County Comprehensive Framework Plan because the Framework plan is implemented through the community plans with which the this Ordinance is consistent. Because it does not apply to non-plan amendment individual decisions, the Framework Plan is replaced by the City Comprehensive plan provisions, provided however, the Framework plan shall continue to apply to quasi-judicial plan amendments. In addition, the imported City zoning districts and approval standards are functional equivalents of those of the County. The proposal is also consistent with the County Transportation plan governing the affected area as the County Transportation plan, to Q 010 Page 6 - EXHIBIT 4 to ORDINANCE NO. 487 ' »wuvs~a.nww~anoc 09'/16/96 MON 12:50 FAX 503 29055 PRESTON LkW FIRM • ~j011 ORDINANCE No. 487 EXHIBrr 4 SEFTEMBER 9, 1996 the extent it applies to individual decisions, applies unchanged in the manner stated in the Bull Mountain Community Plan. 801-8 Land Use Related Standards Applicable to the Affected Area 801-8.1 Roads and sidewalks The City's Title 15.04 "Streets and Sidewalks" is hereby adopted by the County as if fully set forth hereat as local regulatory standards applicable to streets and sidewalks within the. affected area, as those terms are defined by the City of Tigard Municipal Code. These provisions are supplementary to those Street and Utility and.Improvement Standards specified in City of Tigard Community Development Code Title 18.164, also incorporated herein, as specified below. 801-8.2 Zoning and Planning The following County land use designations and districts within the affected area are replaced by the following City land use designations and districts The West Tigard Conununity Plan and Buii Mountain Community Plan maps and any other maps covering the affected area, are hereby amended to reflect the following designations and districts, in addition to reflecting the herein preserved County overlay districts (District B and Areas of Special Concern) shown on attached Exhibit 3. Exhibit 1 reflects the following designations and districts: Land Use District/Plan Designation Washington County City of Tigard City of Tigard Land Use Zoning Plan Designation Districts/Plan Designation R-5 Res. 5 units R-4.5 SFR 7,500 sq ft Low density 1-5 units /acre / acre R-6 Res. 6 units R-7 SFR. 5,000 sq ft Medium density 6-12 /acre units / acre R-9 Res. 9 units R-12 Multi-family 12 Medium density 6-12 /acre units / acre units / acre R-12 Res. 12 units R-12 Multi-family 12 Medium density '6-12 /acre units / acre units / acre R-15 Res. 15 units R-25 Multi-family 25 Medium-High density /acre units / acre 13-25 units / acre R-24 Res. 24 units R-25 Multi-family 25 Medium-High density /acre units / acre 13-25 units / acre IND - Industrial I- L Light Industrial Light Industrial Page 7 - EXHIBIT 4 to ORDINANCE NO. 487 »au'vs9wsw•tisaDOC 09/16/96 MON 12:51 FAX 503 2*065 PRESTON LAW FIRM • ORDINANCE No. 487 F3=1T 4 SEPTEMBM 9, 1996 801-8.2.1 Adopting City of Tigard Community Development Code Title 18 A. Except as specifically provided to the contrary in this Ordinance, both the City's Title 18 "Community Development Code' and the City Comprehensive Plan in effect on October 31, 1996, are hereby adopted by the County as the sole local regulatory standards, background, justification and guidance applicable to applications for any and all land uses requiring ministerial or quasi-judicial decision making within the affected area, as if such standards, background, justification and guidance were fully set forth hereat. B. County Technical Assistance County employees shall provide requested technical assistance to City Officials applying the County Ordinance provisions established. below, according to a methodology mutually established by the County and City in an implementing intergovernmental agreement. 1. Legislative Docisio=ak4mg (a) The Washington County Community Development Code (CDC) provisions and County Comprehensive Plan provisions governing legislative decisionmaldng continue to apply to the affected area and such legislative decisionmaking within the affected area may only be undertaken by the County in the manner specified in the CDC and County Comprehensive Plan provisions. (b) The County shall coordinate all legislative decisions in the affected area with the City and shall consider all City suggestions. The manner in which such coordination shall be accomplished Aill be specified in the implementing intergovernmental agreement. 2. West Tigard Community Plan and Bull Mountain Community Plan Text The textual provisions in the County West Tigard Community Plan and the Bull Mountain Community Plan continue to apply to the affected area in the same manner as before enactment and implementation of this Ordinance. Provided, however, the Comprehensive Framework plan shall not apply to individual permit decisions made regarding development and proposals for development within the affected area, because the Board hereby interprets the Comprehensive Framework Plan as applicable only to quasi-judicial plan amendments and as guidance in the adoption of community plans and * accompanying maps and zoning ordinances. The Comprehensive Framework plan shall continue to apply to applications for quasi-judicial plan amendments. Rezoning Affected Area, Amendment to Community Plan Maps The affected area is hereby rezoned to the City zoning districts and City plan designations as established on Exhibit 1 and in a manner preserving the Bull Mountain Community Plan District B overlay district and the Areas of Special Concern, as shown on the attached Exhibit 3. The Board specifically determines and interprets its CDC, Comprehensive Framework and Community Plans to establish the City zoning districts and plan designations imposed under this Ordinance and shown on Exhibit l are functional equivalents of the County land use standards, Z012 Page 8 - EXHIBIT 4 to ORDINANCE NO. 487 J1R'.JC~119aD:~R'AS7;.LYJC ua/ 10 I L.JZI 1 170 fnvhl. JvU L~U ~vCJ U. L t U J -09/16/96 YON.12:52 FAX 503 2is 065 PRESTON LkW FIRM • R)013 ORDINANCE No. 487 EXHIBIT 4 SEPTEMBER 9,19% districts and designations previously applied to the affected area. The Maps of the West Tigard Community Plan and the Bull Mountain Community Plan are hereby amended to conform to the designations and districts imposed under this Ordinance and its Exhibit 1 as well as Exhibit 3. 4. Nonconforming Uses. The CDC 440 provisions governing nonconforming uses shall be the sole local standards governing all nonconforming uses within the affected area, including any uses becoming nonconforming as a result of the adoption of this Ordinance. Applications concerning nonconforming uses shall be subject to the process herein adopted specified in the Tigard Zoning Code Title 18 to which City nonconforming uses are subject. 5. Acknowledged County Goal 5 Standards The County has identified certain Goal 5 resources on particular land within the affected area. These identified Goal 5 resources are shown on the attached Exhibit 2, which exhibit is attached hereto and incorporated herein by this reference The County designation of land as having a Goal 5 resource, including any such future designations, any development and approval standards from the CDC, Comprehensive and Community Plans applicable to these Goal 5 resources shall continue to apply, notwithstanding that the affected area is hereby rezoned to City zoning districts and planning designations. In this regard, the County specifically determines the County District B overlay shall continue to apply to the affected area as shown on the attached Exhibit 3. In addition, the County Areas of Special Concern shown on the attached Exhibit 3 shall also continue to apply to the affected area Review of applications subject to, and resolution of issues regarding, County Goal 5 inventory and County Goal 5 implementing standards shall follow City procedures applicable to "Sensitive Lands" as specified in Title 18 of the Tigard Zoning Code, adopted herein. . 6. Home Occupations The City's regulations applicable to Home Occupations are hereby adopted by the County, except that the following additional CDC standards shall be applied to all applications concerning Home Occupations: (a) Outside storage of inventory, equipment, vehicles or other items associated with the Home Occupation is prohibited; and (b) Distribution of materials or sales of any kind outside of the home and structures accessory to the home is prohibited; and (c) Parking of a commercial vehicle used as part of the home occupation, including a truck or fifth wheel, tractor or trailer of any kind, is prohibited. Page 9 - EX MIT 4 to ORDINANCE NO. 487 l1WUN5WD.VWASW-DW 03/16 13:00 1998 FROkl: 503 248 9085 TO: 2473 PAGE: 14 09/16/98 MON 12:54 FAX 503 2085 PRESTON L4 W FIR][ , • 014 ORDINANCE No. 487 EXH3BTT 4 SEPTEMBER 9. 1996 801-9 Severabiiity If any portion of this Ordinance is for any reason determined to be invalid or unconstitutional by any court or administrative tribunal having jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such determination shall not affect the validity of the remaining portions of this Ordinance, which shall continue to have full force and effect. V Page 10 - EXHIBIT 4 to ORDINANCE NO. 487 r.WLXUXw2%WAKH1J c 0 Exhibit 1A *EXHIBIT 1 A The area affected by Ordinance 487 is described as follows: That area of urban unincorporated Washington County bounded by the south row line of Scholls Ferry Road to the north, the urban growth boundary line to the west, the north row line of Beef Bend Road to the south for the areas commonly known as Bull Mountain and Walnut Island areas; and those areas of urban unincorporated Washington County bounded by Highway 99W to the west, the Tualatin River to the south and the City of Tigard's corporate boundary to the north and east. r-Z I& ° m C C Z'"z 0 SrN NO°c co, V0, C 0 ZO -1 rn to Z 9 m m S 8 O+ m r A C Z Z VIII 0 Z CL ao 0 3 3 z c r'~ N N a W y y 3 -4 CC31 Z `D Y 4 P P o o z D Z N o0 -4 -4 CA N Gn N z v, -e m m n z EXHIBIT 2 Unincorporated Tigard area GOAL 5 & NATURAL AREAS Goal 5 designations O Open space Significant Natural Area Water Area and Wetland ® Water Area/wetland& Fish & Wildlife Habitat ■ Wildlife Habitat CITY LIMITS 4.... ua (m,n-ONe0Mb9wpapRw~M..Io►1Iwiyb Wwrn4ir.~wMrasriew+w asrwar.•rWNn:nxaa Maq~aarrrMam: ar % m.ra.e, Q-WcWsEep..a crnyAnmesn . „abltllYx [mee~Wytrul~w ~draran ,irssya~un, rw. anmwn.w•~rarYYrnwoC-w,'adWA2/ (fS ),aWISTVp w° ~wsw~.w~`•ue•e+mssr rasa aw 8 a.°1w0a~ti~°.e°~w.enwn AWno. MMIr4keCwlbrmleW~~pp••nM~dR~ aan, rnY~,rpwr ps46rfn hnnrowm/gMJr~ ~ NYP~xanw Ilbd r.y.,++NY blot,-# C. BepfMiDd06, 10➢7 i B 13 OU C"y . ct plat rl C Oncexn ecial •wwww • r wwwwww w Area Of p Ou..xdarY t,...x GxoW# $ I-t fan .Iq END,, exti m ` - 40U~" 300. ~~{i CA A ~ I VIA 11 ATTACHMENT 6 MEYERS FARM NO. 2 CITY OF TIGARD SUBDIVISION APPLICATION SUPPORT INFORMATION OWNER/APPLICANT MARSHALL / WEBER PO Box 91249 Portland, OR. 97291 ENGINEER / SURVEYOR Harris-McMonagle Associates, Inc. 12555 SW Hall Boulevard Tigard, Oregon 97223 December 19, 2003 • • MEYERS FARM NO.2 - SUBDIVISION APPLICATION SUPPORT INFORMATION TABLE OF CONTENTS SECTION 1 DATA SUNMMARY AND REGULATIONS SECTION 2 IMPACT STUDY SECTION 3 COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION 4 REDUCED DEVELOPMENT REVIEW PLANS SECTION 5 VESTING DEEDS PLAT NAME APPROVAL NEIGHBORHOOD MEETING INFORMATION CLEANWATER SERVICES - SERVICE PROVIDER LETTER SIGHT DISTANCE PRE-CERTIFICATION, S.W. BULL MOUNTAIN RD. WATER QUALITY FACILITY, OFFSITE LOCATION CALCULATIONS. ARBORIST PRELIMINARY MEMORANDOM BOUND SEPARATELY DEVELOPMENT REVIEW PLANS (Full size) • • SECTION I DATA SUMMARY AND REGULATIONS 11 MEYERS FARM NO.2 SUBDIVISION APPLICATION SECTION 1 DATA SUMMARY & REGULATIONS PROJECT DATA OWNER/APPLICANT Marshall / Weber PO Box 91249 Portland, OR. 97291 Tel: 503-291-2550 Fax: 503-291-6917 Contact: Tom Weber Tel: 503-517-8242 Fax: 503-598-8900 ENGINEER/SURVEYOR ARBORIST LEGAL DESCRIPTION SIZE CITY ZONING REQUEST Harris - McMonagle Associates 12555 S.W. Hall Blvd. Tigard, OR 97223 Contact: Bill McMonagle Tel: 503- 639-3453 Fax: 503- 639-1232 Robert Mazany P.O. Box 1305 Beaverton, OR 97075 Contact: Robert Mazany Tel/Fax: 503- 646-0891 Washington County Assessor's Map 2S 1 08BC, Tax Lot 2303 8.16 acres R-7 Subdivision of the property into 44 single-family lots. • • Meyers Farm No. 2 Subdivision Application REGULATIONS Applicable chapters and sections of the Tigard Community Development Code (TCDC) are as follows: 18.370 Variances and Adjustments 18.390 Decision Making Procedures/Impact Statement 18.430 Subdivisions 18.510 Residential Zoning Districts 18.705 Access/Egress/Circulation 18.715 Density Calculations 18.725 Environmental Performance Standards 18.745 Landscaping & Screening Standards 18.755 Mixed Solid Waste and Recycling Storage 18.765 Off-Street Parking/Loading Requirements 18.775 Sensitive Lands Review 18.790 Tree Removal 18.795 Visual Clearance Areas 18.810 Street & Utility Improvement Standards Clean Water Services Buffer Standards 1-2 SECTION 2 IMPACT STUDY • MEYERS FARM NO.2 - SUBDIVISION APPLICATION SECTION 2 IMPACT STUDY GENERAL The proposal is to subdivide the 8.16 acre site into 44 single-family lots. This will involve the construction of all of the subdivision improvements to serve the lots. A new local street, SW 163 Avenue, will be extended south from SW Bull Mountain Road through the property with a street stub-out to the west. Connections will be made to the existing street stubs from the Meyers Farm subdivision to the east. Sanitary and storm sewers, potable water and other utilities will be extended through the project to create full service subdivision lots. SENSITIVE LANDS BUFFER Tracts A through H provide the required Clean Water Services buffer to the wetland. These Tracts, with a conservation easement over and across them, will be conveyed to the future owners of the abutting lots. TRANSPORTATION Traffic impacts will be primarily to SW Bull Mountain Road. The traffic created by the proposed project will amount to approximately 440 trips per day. SW Bull Mountain Road will be widened on the south side across the frontage of the property to meet City standards. Sidewalks will be constructed on both sides of the internal public streets and along the Bull Mountain Road frontage. DRAINAGE The drainage basin in which the Meyers Farm No. 2 subdivision site is situated is on the westerly slope of Bull Mountain with the upper end of the basin near the intersection of Roshak and Bull Mountain Roads at approximately elevation 610 feet. The drainage course for the basin becomes well defined a short distance north of Bull Mountain Road. From Bull Mountain Road the drainage course flows approximately 2,300 feet southwesterly to Beef Bend Road at an average gradient of approximately 5 percent. From Beef Bend Road the flow is westerly approximately 3,900 feet to the Tualatin River. As stated above this is a well defined drainage course and over most of its length is deeply incised, as is typical of drainage courses on Bull Mountain. There are no drainage structures in the drainage course between Bull Mountain Road and Beef Bend Road and none between Beef Bend Road and the Tualatin River. The structure at Beef Bend Road is a 36-inch concrete culvert. Meyers Farm No. 2 2-2 Subdivision Application This drainage course has adequate capacity to accommodate a fully developed basin. The existing water quality facility that serves Meyers Farm (Phase 1) will be relocated to the Volpe property to the west of the site. Please refer sheet 4 of the Development Review Plans. This new facility will be sized to accommodate Meyers Farm, Meyers Farm No. 2 and the future Volpe development. The existing water quality site will be utilized for Lots 11 and 12. PARKS The nearest park facility is Cook Park, approximately four miles southeast of the site. Cook Park is a regional facility that provides numerous recreational pursuits including access to the Tualatin River. There are several schools within five miles of the site with the usual school playground equipment is available together with soccer fields. These facilities are capable of accommodating the proposed project. WATER SYSTEM Potable water will be supplied to the proposed lots by extension of existing Tigard Water Department main in SW Bull Mountain Road. This main has adequate capacity to serve the proposed subdivision. SANITARY SEWER Sanitary sewer lines exist on the site. These,lines will be extended through the project to provide service to each lot. NOISE The proposed subdivision will result in future single-family dwellings, which will be compatible with the surrounding single-family neighborhood. • SECTION 3 i COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE • 0 MEYERS FARM NO.2 - SUBDIVISION APPLICATION SECTION 3 COMPLIANCE WITH SPECIFIC TIGARD COMMUNITY DEVELOPMENT CODE STANDARDS NARRATIVE Chapter 18.370 - VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments Section A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.010.C. C. Special adjustments. 1. Adjustments to development standards within subdivisions (Chapter 18.430). The Director shall consider the application for adjustment at the same time he/she considers the preliminary plat. An adjustment may be approved, approved with conditions, or denied provided the Director finds: a. There are special circumstances or conditions affecting the property which.are unusual and Peculiar to the land as compared to other lands similarly situated; b. The adjustment is necessary for the proper design or function of the subdivision; c. The granting of the adjustment will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this title. Adjustment Request I - Comment. TCDC Chapter 18.810.030 N. Grades and curves - This subsection sets the maximum grade for local streets at 15%. This adjustment pertains to a portion of the proposed SW Dekalb Street extension from Meyers Farm into Meyers Farm No. 2. Meyers Farm No. 2 Subdivision Application Background: 3-2 During the development of Meyers Farm (Phase 1) SW DeKalb Street was indicated as the primary local street and SW 163''Avenue the secondary local street. At the pre-application conference for Meyers Farm No. 2 the City engineering staff to reversed this order in Meyers Farm No. 2 making SW 163"' Avenue the primary local street and SW DeKalb Street the secondary local street. This change requires that SW DeKalb Street intersect SW 163"' Avenue with the vertical curves shown on the preliminary street profiles, which create grades between 15% and 20%. The distance that the street grade in DeKalb will be greater than 1 S% from the intersection with 163"' is 126 feet to the east and 163 feet to the west. Response to 18.370.020 C.1. Special adjustments: a. There are special circumstances and conditions ayectin,g the property. The existing topography and the intersection design requirements make it impractical to meet the 15% maximum. b. The adjustment is necessary for the proper design or function of the subdivision. This adjustment will allow for a subdivision design that makes optimum use of the site without excessive fills and cuts to meet the standard. L. ThegrantinQ o the adjustment will not be detrimental to the public health safeu and wel are or iniurious to the rights o owners of property. The adjustment will not be detrimental or injurious. Local traffic and emergency vehicles can easily negotiate the short distances that the street exceeds the 15% maximum. d. The adjustment is necessary for the preservation and enjoyment of a substantial property right because of extraordinary hardship which would result from strict compliance with he regulations o this title. Without the adjustment the property could not be developed to its full potential and cause serious loss of property rights. Without the adjustment many of the lots would be inaccessible without extensive retaining walls due to the cut and fill that would be required. In consideration of the above, a request is hereby made for an adiustment to allow the proposed street grades in excess of 15 Adjustment Request 2 - Comment: TCDC Chapter 18.810.070 C Planter strip requirements - This subsection requires a planter strip separation between curb and sidewalk. One of the exceptions to the planter strip requirement is if curbside sidewalk already exist on predominant portions of the street. • • Meyers Farm No. 2 3-3 Subdivision Application Response to 18.370.020 C.1. Special adjustments: a. There are special circumstances and conditions affecting the property. The existing streets in Meyers Farm that will be extended into Meyers Farm No. 2 are Pollard, Cooper, Bray and DeKalb. All of these streets were constructed with curbside sidewalks. To maintain continuity, the streets need to be extended through Meyers Farm No. 2 to 163' Avenue with curbside sidewalks. b. The adjustment is necessary or the proper design or fiinction of the subdivision. This adjustment will allow for street continuityfrom one subdivision to the next. The granting of the adjustment will not be detrimental to the public health, safety and wel are or injurious to the rikhts o owners ofproperty. The adjustment to a curbside sidewalk will not be detrimental to the public health, safety and welfare or injurious to the rights of property owners. c. The adjustment is necessary for the preservation and eni yment of a substantial property ri ht because of extraordinary hardship which would result from strict compliance with he regulations o this title. The adjustment will allow for Meyers Farm No. 2 to be developed in harmony with the adjoining Meyers Farm subdivision. A request is hereby made for an adjustment to allow the proposed curbside sidewalks on Pollard Cooper, Bray and DeKalb. Adjustment Request 3 - Comment: TCDC Chapter 18.810.070 Figure 18.810.4A Local Residential Streets. The section referenced has a 54 foot right-of-way and 32 feet of paving with a S foot planter and 5 -foot sidewalk on each side of the street. This adjustment pertains to the proposed SW 163"' Avenue. Background: As apart of the development of the Meyers Farm subdivision sanitary, storm drainage facilities and some electrical utilities were constructed within 46 foot wide easements through the Meyers Farm No. 2 site. These easements were located so that they would become street rights-of-way in the plat of Meyers Farm No. 2. Between the time these facilities were constructed and the present, the Clean Water Services (CWS) wetland buffer width requirements changed from 25 feet to 50 feet. This change caused a large reduction in the usable area. A buffer reduction to 35 feet for certain areas was obtained from CWS. The buffer limits as approved by CWS are shown on the Development Review Plans. The proposal is for a 46 foot wide right-of-way with 32 feet of paving and curb tight sidewalks five (5) feet in width. Please refer to the Typical Section for SW 163' Avenue on sheet 3 of the Development Review Plans. • • Meyers Farm No. 2 Subdivision Application Response to 18.370.020 C.1. Special adjustments: 3-4 a. There are special circumstances and conditions affecting the property. There have been recent changes in the wetland buffer regulations that require more width. The added buffer width together with the steep terrain,makes the standard section difficult. The proposed street section will produce a street much more compatible with the subdivision configuration and terrain. The proposed section will provide additional lot depth and width, which is important on this steep site. d. The adjustment is necessary or the proper design or unction of the subdivision. This adjustment will enhance the lots and function of the subdivision. The adjustment will provide additional lot width and depth, which is necessary on this steep site. e. The granting of the adjustment will not be detrimental to the public health, salty and wel are or injurious to the rights of owners of property. The adjustment will not be detrimental to the public health, safety and welfare in that the proposed section will function the same as the standard section except that three (3) feet of the sidewalk width will be in an easement on the adjoining lots. The adjustment will not be injurious to the rights of owners of property in that a wider right-of-way would result in a net loss in lot area thus a loss in the number of lots allowed for the subdivision. f. The adjustment is necessary or the preservation and enjoyment of a substantial property right because of extraordinary hardship which would result from strict compliance with he regulations o this title. The standard street section would create a wider right-of-way and less net lot area, which would reduce the allowable number of lots in the subdivision. The loss in width would render some of the proposed corner lots along 163rd Avenue unbuildable. The loss in depth to lots 155, 156 and 157would make it very difficult to construct homes that would be in keeping with the existing neighborhood. A request is hereby made Loran adjustment to allow the proposed SW 163nd Avenue street section. Chapter 18.390 -DECISION MAKING/IMPACT STUDY 18.390.040 Type II Procedure Comment: The proposed 44-lot subdivision application is being submitted under a Type II procedure. The Applicant met with the City staff in a pre-application conference on April 17, 2003 as required by this Section and is providing the submittal information required. The Impact Study is Section 2 of this support information. Chapter 18.430 - SUBDIVISIONS 18.430.030 Approval process Comment: The preliminary plat review is the first step in the subdivision approval process. This application is for approval of the preliminary plat through a Type II procedure in accord with TCDC requirements Meyers Farm No. 2 3-5 Subdivision Application 18.430.040 Approval Criteria: PreliminM Plat Comment. 1. The proposed preliminary plat complies with the applicable City ordinances and regulations. 2. The plat name "MEYERS FARM NO. 2 "has been approved by the Washington County Surveyor's office and is reserved for this property. 3. The street through the proposed subdivision will bean extension from SW bull Mountain Road. A stub out will be made to the adjoining property to the west. Streets that have been stubbed out to the site will be connected. 18.430.050 Submission Requirements: Preliminary Plat Comment. This application contains the general information required for a Type II procedure, as set forth in Chapter 18.390. Chanter 18.510 - RESIDENTIAL ZONING DISTRICTS 18.510.020 List of Zoning Districts E. R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Comment: The subject property is within the R-7 Medium-Density Residential District. The proposed lots meet the minimum average of 5, 000 square feet. The proposed subdivision complies with the District standards as follows: 18.510.030 Uses Comment. The proposed lots will be developed for single family housing which is permitted outright in the R-7 District. 18.510.040 Minimum and Maximum Densities Comment: This section requires that the property be developed to a minimum of 80% of the maximum density. The density calculations are shown on sheet 3 of the Development Review Plans. The maximum densityfor the site is 50 lots; the minimum is 40 lots. The proposal is for 44 lots. • • Meyers Farm No. 2 Subdivision Application 18.510.050 Development Standards 3-6 Comment. The proposed lots meet the development standards for the R-7 District as set forth in this section. Chapter 18.705 - ACCESS, EGRESS. AND CIRCULATION 18.705.030 General Provisions D. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis. Comment. All of the proposed lots except lots 139, 140, 141, 150, 151, 152 and 153 will connect directly to a public street. Lots 139, 140 and 141 will gain access to SW 163rd Avenue via a private street (Tract J). Tract J will also provide access to the adjoining property to the south, Tract 2. Lots 150, 151, 152 and 153 will gain access to SW 163rd Avenue via a private street (Tract K). E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Comment. All curb cuts will be made in accordance with Section 18.810.030N. H. Access Management Comment. A preliminary sight distance certification for the proposed access into Bull Mountain Road. All of the proposed streets within the project will be designed to meet the requirements or modified requirements of the proper jurisdictions. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (6 OR FEWER UNITS) Number Minimum Number Minimum Access Minimum Pavement Dwelling of Driveways Width Width Unit/Lots Required 1 or 2 1 15' 10' 3-6 1 20' 20' Comment. All of the requirements of this section shall be complied with in the design and construction of the subdivision improvements. 0 Meyers Farm No. 2 Subdivision Application 3-7 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; Comment. All of the proposed private residential drives shall be in conformance with the Uniform Fire code. Chapter 18.715 - DENSITY COMPUTATIONS Comment. The density computation is shown on sheet of the Development Review Plans. The computation was performed according to the provisions of 18.715.020. The results shown are the following: maximum density is 50 lots, minimum density is 40 lots, the proposed density is 44 lots. Chapter 18.725 - ENVIRONMENTAL PERFORMANCE STANDARDS Comment. All federal and state environmental laws, rules and regulations will be complied with as well as those of the City of Tigard and Clean Water Services. Chapter 18.745 - LANDSCAPING & SCREENING STANDARDS 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. Comment. The subdivision improvements will include the planting of street trees in conformity with the size and spacing standards set forth in 18.745.040 C. A street tree planting list will be submitted with the final plat as provided under 17.745.040 B. 18.745.050 Buffering and Screening Comment. The proposed single-family residential use is the same as the abutting property; therefore buffering and screening is not applicable. Setbacks and height restrictions for fences and walls will be observed as set forth under 18.745.050 C and D. Chapter 18.755 - MIXED SOLID WASTE AND RECYCABLE STORAGE 18.755.040 Methods of Demonstrating Compliance F. Franchised hauler review method 0 Comment. Homeowners will have pickup service available from Pride Disposal. Garbage will be collected once a week. Lawn debris will be collected every other week. Recycled goods will be 0 Meyers Farm No. 2 Subdivision Application 3-8 collected on request. Garbage containers will be stored in the garages or in a screened area at the side of the building or in the rear yards. Chapter 18.765 - OFF STREET PARKING AND LOADING REQUIREMENTS Comment. At the time of house construction a minimum of one off-street parking space will be provided on each lot as set forth in Table 18.765.2. Chapter 18.775.070 SENSITIVE LANDS PERMITS E. Within wetlands Comment. As shown on the Development Review Plans there is a small wetland area on the site. Jones & Stokes performed a Clean Water Services Tier 2 Alternatives Analysis. The buffer for the wetland is Tracts A through H. These Tracts will be, with a conservation easement over and across them, will be conveyed to the abutting Lots. A Service Provider Letter from Clean Water Services is included as part of this application. Chapter 18.790 - TREE REMOVAL Comment. Robert Mazany, Registered Arborist performed an on site tree inventory. A copy of his memorandum is enclosed with this application. Sheet 2 of the Development Review Plans indicates the trees to be removed/retained and the mitigation calculation in conformity with this section. Chapter 18.795 - VISUAL CLEARANCE AREAS Comment: The visual clearance requirements assure proper sight distances at intersections will be implemented with development of the subdivision lots. A sight distance pre-certification has been submitted for the SW 163'' Avenue and SW Bull Mountain Road future intersection. This certification meets or exceeds the required sight distance requirements. Chapter 18.810 - STREET & UTILITY IMPROVEMENTS STANDARDS 18.810.030 Streets Comment. All street improvements will be constructed in conformity with the City's street standards and the approved special adjustments. Typical sections for the proposed street improvement are shown on sheet 3 of the Development Review Plans. Preliminary street profiles are shown on sheets 6, 7 and 8 of the Development Review Plans. 18.810.040 Blocks Comment. The length width and shape of the blocks has been designed to provide adequate building sites with as little disturbance to the natural land form as possible and to meet the restraints of the existing streets and adjoining development. A Future Circulation Plan is shown on sheet 1 of the Development Review Plans. 0 • • Meyers Farm No. 2 Subdivision Application 18.810.050 Easements 3-9 Comment: There will be a ten (10) foot wide public utility easement along the front lines of all lots. I fa need for additional easements becomes apparent during the final design and final approval process they will be provided. 18.810.060 Lots A. Size and shape Comment: All of the lots meet the size and shape requirements of this section. No lot contains part of a public right-of-way within its boundaries and the lot depth does not exceed 2-112 times the average width. B. Lot frontage Comment: All of the proposed lots will abut a public or private street for a width of at least 25 feet and provide area for 20% of the lot to be landscaped as required by this section. 18.810.070 Sidewalks Comment: Five-foot wide sidewalks will be constructed along all of the proposed public ways within the subdivision and a six-foot wide along SW Bull Mountain Road frontage. Typical street sections showing the sidewalk locations are shown on sheet 3 of the development review Plans. 18.810.090 Sanitary Sewers Comment: Sanitary sewer was extended into the property during the development of Meyers Farm (phase 1). These lines will be extended to serve all of the lots. A preliminary sanitary sewer plan is shown on sheet 4 of the Development Review Plans. All sanitary sewers will be designed and constructed in conformity with the City requirements. 18.810.100 Storm Drainage Comment: Storm drainage from the developed site will be routed through a storm water facility prior to discharging into the existing drainage course through the property. This drainage course has adequate capacity to accommodate storm flows from the developed site. A preliminary storm drainage plan is shown on sheet 4 of the Development Review Plans. The existing water qualityfacility that serves Meyers Farm (Phase 1) will be relocated to the Volpe property to the west of the site. Please refer sheet 4 of the Development Review Plans. This new facility will be sized to accommodate Meyers Farm, Meyers Farm No. 2 and the future Volpe development. Easements as required will be provided for the storm drainage systems to the water qualityfacility as well as the facility itself. The existing water qualityfacility site will be utilized for Lots 152 and 153. Meyers Farm No. 2 Subdivision Application 3-10 All storm drainage improvements will be designed and constructed in conformity with City and Clean Water Services requirements. Easement will be for the benefit of CWS. 18.810.120 Utilities Comment: All utilities will be placed underground within the proposed subdivision as set forth in 18.810.120 A. 18.810.130 Cash or Bond Required Comment: All requirements for assurances and guarantees will be met. 18.810.140 Monuments Comment: All monuments that have been disturbed prior to completion of the proposed improvements will be replaced. 18.810.150 Installation Prerequisite Comment: No public improvements will be undertaken in the proposed subdivision until the City has approved plans, permit fees have been paid and permits issued. 18.810.160 Installation Conformation Comment: All improvements installed will conform to the requirements of this chapter and to the City improvement standards and specifications. 18.810.170 Plan Check Comment: Work will not commence on any improvements until construction plans and construction estimates have been submitted, checked for accuracy and approved by the City Engineer in writing. 18.810.180 Notice to City Comment: Work will not begin until the City has been notified in advance. If for any reason work is discontinued, it shall not be resumed until the City is notified. 18.810.190 City Inspection Comment: The applicant understands and accepts that all improvements in the proposed subdivision will be inspected by the City and must be constructed to the City's satisfaction and that unusual site conditions may, in the public interest, force changes to construction plans, sections or details. 18.810.200 Engineer's Certification Comment: The applicant's engineer will provide the written documentation to certify that all improvements, workmanship and materials meet current and standard engineering and construction 0 • Meyers Farm No. 2 Subdivision Application 3-11 practices. This certification will be submitted for review and approval prior to the City's acceptance of the subdivision's improvements. CLEANWATER SERVICES (CWS) BUFFER STANDARDS Comment: The buffering requirements for this proposal were established by Clean water Services. Tracts A through Hprovide the required Clean Water Services buffer to the wetland. These Tracts, with a conservation easement over and across them, will be conveyed to the future owners of the abutting lots. A service provider letter from CWS is enclosed. 0 • SECTION 4 REDUCED DEVELOPMENT REVIEW PLANS I t a ~I~ t oa. ~ s a 9 f a A eEe I f z$ la f, , a ~ n I a N i I I I ♦I I 1 I rat ixr raid I t . ~ r - - YYY - ml u r Z 41 - - - - - All a nl ' t am , tll ~ ml rt I 5 oil ml - o r .l. aIM - u W C J ' su l al lla I ~i•~ I I Lt SOT /Y t . ®l ml wl Z W I l 1 r I I I! I I I I I I i I I 4 W 94 x of I Hz e ro e ro M e s R e ro f e s e e ro e e ro e ro t t t `11 -11 A V S~ 7 d u rl cl n at o i - a a 13, W ; M l a l a ~ ea a Q u u rF fff~ I a ! -o~Ta F.-F t. I rX tl l asl ul lilt, CQ Rl al ~l 0►l ffiI ~ O U t !l Nl tol Ml pl am mI Y~ Ol ODl pl pl HL pl pl 0 1 . 1 [ B B~~i~ro N 2 s~ Q li I 9 tl lilt P if ~e~ Jilll 191 f _:t tt 1 8 LLbbbbwb~btid b~bbbbbbbbt.l.bbb ~llaaaaaaaaaClilssi!!!llisss! LL}.LbbLLLLbb1.LLbbbLLLbbLLbL i,bt,bLLLLLbb6bLLbbbLLLbLM.LL ~!!!!!!!i§ii!!F!!iilili!!!!! bbbAbLbbbbLl.bbbbbbbbLl.bbl.l.b b1.bbLLl.bbbbb/.bbbl.bl.Sbb~LLLL bM.~Lt'bL1.LLLbbwl.~l.bbbl.Ll.bbb ~LL1.bLbbLbbLAbLLbbbbl.L~i.~~~ ~a~~~~~~aa~aaaa~a~aaaaaaa~a 64~~gg~~b~gLLbbb~b~jby~bl.bf.bbL ~sse7i~li§!!~!!~i$is$$~$$!§ lr~~~~~~~~~l~l~al~~~affffaaaaaaa~l~ ~bL tiLLL~f.1^1bb~§l.bb ~bL~lobl.~~b ~es~~sss~s~lea8eae~essaiiiss h~bbbb4~bbbb-b4Me -----§L-6bb ~~~S~~a~aasists~ I els8~886asssa LbL~L1.b,~xLb§Lbbb6bb,~bi.L~~bL LLLkLL ~§~1bl.bbb~~l.bb~1.~~~b~6 ~issais>Ilisss~ss~~isis§l9~fi~S bbbbbLbbbbb~Lbl.f.L1.~bML1.b~LA ~~~~iii!§!il~i!!!!§~Slli!!~!! 0 !Ns N s~ ps 04 .41 A 11111, l rV l•j 1~ fl! +}1f1r1( Y t~~ ~ r 1( { 1 ~ ~T,_ / f!{(,ir}tlt ' f /ft ~1 1)))1 + i i i / r f ! i f• J!' ! T/ l~J It~}+:J 1 • ' i I t~(.'i~ i f'r• f •1 j f ' r ; / ~ 'I I/j/I ,z( ~~.~,~t~qa i t r i 1 ~~f• ~y~c .!pip!` f r r r. l r ! ! ,l f/ i / I d j ~r+':;~`:.rY''~~'•. ,r~'!'. f,~(f ~f i i :1 t ~IIL ?~r /a~ i' ' 7t i r ; ;ii % I ; / % % ~cY ~ ! f i 1/ 0 HI / • f 1 f f l / ,.1 *a 'PSI 9 k Y j IN. i31a----l✓' ~ r~i}_/W ~ i i is 1 1 ~ ~ ly l DD , ~ r r I LIZ V-,; 1t ~ / { i "r ~ ~ 4~ € ;loss : i ■ ~ ~ i - - - ~ / 4.4 4 Z l.... •Y`K ( • N t ~ s ( t r ? e S . Pea-l' Re ~ ~ 9 u t r '5~ Y so) c e 41, r ° m a.e N r r „ « r • P"gi]R v CLAW V AWx V mocR .M N[ .ai neaMLCLI CLAWY A eDOtQ MEW e,an r rr e ao~ TYPICAL. STREET SECTION W3/i!= SM e~ IML-e 28' PRIVATE DRIVE TYPICAL HALF-STREET SECTION y JJ ~ A SW DEKALB ST. WEST SW 183RD RD. TRACT J. TRACT K (SW MAY LN) SW BULL MOUNTAIN ROAD 0 ou o as o eaeM W w URBAN GROWTH BOUNDARY URBAN GROWTH BOUNDARY I 1 I I 1 I I I I ID,'.: I I 1 i 1 I I I I I I I I I I I I I 11 ' I ' 1 I I 1 I 1 I I. I I I 179-- I E E I i j 1 1 173 172 207 i 208 209 i 210 211 { 212 i 213 .i 214 i 215 i CT C' 1 ' ' 1 178 1 I M 1 176 1 175 1 1 ~ y 1 I E 1 I I T/L --------y r-------- <,z 70 l----- 1----- L----- ___.Ji 180 i♦___ 1__ -i`` ` i 171 RAW aA. u,[ ~ , ....r... 174 wS`~---- _ - - ~i♦{ 181~♦ - 170 Q/9f I 4,p ♦ t mot. _ ,Q \ DEN81Y CALCULA710l1 ~ i w 1 1 I f ~ 9M ale ACRE TRACT ---206 € ! 199 ~j 198 1 191 1 1 r------------ 1 190 1 1 a w-~ ♦ 168 i 1 6 1 D~Q j 1 1 : I soeloll . i 1 4800 arm A1QA- Z55" S.F. - 8,16 Ac t i 167 169 ; We PUBW RPM - 714104 &F - I 182 MUG UM PRVAe oa - ear sr. F--------- ♦ i % % ♦ ~jpp ~t^+-----' IPSV Enwms - 7%914 8F. 205 200 192 i 189 i i i 4~D 166 tar WT AM - =710 B.P. J7lILL7€2~lPS+______ i I t MAX Bean- A= e0 UM NAt1. - i 186 1 ~ 183 165 204 ` 201 1 196 TSI93 1 188 1 1 _ RmB~wm / 163 i MR. Mlan - 030 . BD L= . 4e L= WL Ml euReR iRACie A 71010071 x. 14m v. ` j 185 1 184 1 1 \ i 163 1 € lm uaA - msrn 8F. 203 202 1 195 194 1 187 1 N o0'09'51r E 1289ZOI M Rff= DAM UM EWER MM son ZA_ 20163W S.F. a • -1 Bwee * a ~48 a 151 ° It % 1+e1LNpy A1Qi► r A t+uros A1pA . a 142 143 144 41454 ceec riB l JIV PROPOSED DENSITY- 44 LM C 'a' ~Or 60°'r 153 t. 'e~~• 40•~ 3• "I Lavrr AREA to it iw7 a 150 ~ W AM 1Cr AREA - MM SF. LM It' 154 -arome AM MA 1Dr MM . 6,181 $F. G leafs Am Otm 1K MDD 8t) 1 • Id\ eaor 155 • MACT-2 M.r 6 AM ACID 141 fl 136 36 1 a a 4 SW ~ 4 { m' 157 158 1159 160 10161 e ~I ' 1 a3 ~v~ sw zz 1°~ - 140 / 137 .aces , 1~35~ i 130 yo 129 K q - - LT „ M V K 139 zr 138 w ' 134 1 fl { € 126 139 a 1~2 1w?1 9 120 - I. W i m =w S 0713*55* W 532.0 ' "Mr In ,r 33~ 132 fl 1RYS Y• ~.e.l .I. 127 126 fl 47: 1 " 123 W. 122 pa 24 25 26 27 28 S 89' 29 '48' W 23.03' 61 60 10 S 80 00'07'22' 1 7 o+i .77' 99 00 tl+e 118 m 23 If 101 Igm X - - T-------- 62 59 E 79 82 € °9 98 01 117 REFBiE7We NP°RMAnDN AND NOTM ILL. DZVSIAYYSNP MMM PLANS A EM18 FA RM NO 2 1'~6D+ . AMMIMM TRACT-f R. ~yR e GEORGE L MARSEATZ ,Me 67. VA LL sea I.. o a a w s wW P.0. oz PIBW Pmua O® 9M PREI.IARY PLAT q fa1RR 70 7NM 0 FOR MW Rf1ad 1 Rue 0]Ft LOT DLLI39MOMM PLAN aI e TYPICAL STREET SECTION INTERIOR STREETS SW POLLARD LN.. SW COOPER LN. AND SW DEKALB Sr. FAST o~ _ c z 0 ~ W -awo otooo E1~Y0• aml i Eaaw c -aa.--~ woo am m s rtros -w-o Eea®ev.l m w r.EOr --•a-.. wr aor EaEal o0 oEma z no®m w wwmws Eo®aw oo• no ~ noa®~ m moEar asp Ymo m Illaa 'V woa a! leo.as ma m Ias.o eeQ uas MC IO®I~NONI O Eo®wo ur Q wEao ~Eaor ww wp Et•P PROPOSED OFFSrrE OOSr. 6w.& WATM (~F) URBAN GROWTH BOUNDARY ,AATiM i ? : : 2 •9 21.. 1 I 2' . 2:' 2 214- i 1 21 .._.1...... f ♦ I r T,: n,.;. 99 f E . ' _ . l I i/S':f.i - --A 7 i . - `RL 1 8001 I. 1 146 151 142 144 143 145 I 147 150 - - 148 149 $ TRACT--2 ~O/ App 141 140 139 24 1 25 1 26 1 27 23 22 . 11 30 36 m 3:i 21 31 37 a 136 137 136 10 28 29 46 - 47 45 48 135 "sdlv-oma s - l-W- 134 I 131 li 133~~ 132 61 60 62 59 63 58 64 57 65 URBAN GROWTH BOUNDARY <>C - I t . i 1 ::r 3 1 /1 \ 3 \ 1 4 E f• ~!-.~/e. 1 3. s INI T J 5 r ID 152 AREA r 153 b 1 2- paxam mw 154 VIER 155 156 157 158 159 160 161 16 A ELM- 1.28• a 128 125 124 121 y7i12710 I. E• R 127 126 123 122 € 119 i ~ 80 99 100 118 81 1 EO 79 82 98 117 101 c c :I1s 97 102 116 m 78 I :sl 83 €~I€m z 77 96 103 ii 115 76 84 104 114 95 NOD . aaaw s NUS IF au Es o . add Er AVF P4 F g z z p N N nvERENCE a~ORh"T1ON AND NOELS, DEVMDPWM MIE W PLANS AEMS FARM NO. 2 VOLWAROFEWY a,, away ins as INL aEn GEORGE J. MARSHALL `(,Q~Q$~ (m,RY PLAN E: UWV6 ° •I• E °R f / ' MUM Ommm mom 6RE IFGHIA710N 4 REFERENCE W FORMATION AND N01EEt 1AC. vffi fi a DEVMDP1lM REVIEW PLANS GEORGE L YARSHAM PC. an 01240 PoRnAW6 CFO= r1 METERS FARM NO. 2 ~.a 7MCT - 7 PRELMMMARY PROMM NEFERatOH WFIDRNAT )N AND NOTES, qffit-w ow. GEORGE J. MARSBAIL Fn's waa vwmAO. ttwi MEMS FARM NO. 2 TRACT - f PRELWIM IRY PROFILES m ti . 'I~m- a ELJY OD Otl NIm ►iN A0 i law K. lU7 - lWAf K NO i i ' I ! I j ? I y ~ e i I' no r^ r T 0 I~ I:r A 4101 - L Om 1/E jW~q(OOflp~A7D-0~7 A~ih OS7/ OPtl SW DOKALS; ST. DEMDPMM BSVIEI► PLANS GEORGE J. MABSHAM PA OU 9120 POOMIM 000701 gn" N METERS FARM NO. 2 LEE I pREUN@lMY ARY PR OFLE8 8 O m 0 R OE 1180RAM710N AND NOTM • • SECTION 5 VESTING DEEDS PLAT NAME APPROVAL NEIGHBORHOOD MEETING INFORMATION CLEANWATER SERVICES-SERVICE PROVIDER LETTER SIGHT DISTANCE PRE-CERTIFICATION, SW BULL MOUNTAIN RD. WATER QUALITY FACILITY, OFFSITE LOCATION CALCULATIONS ARBORIST PRELIMINARY MEMORANDOM FROM :FIRST AMER I CAN TITLE 0 503 790 7872 f After recording return to: This space reserved for George J. Marshall P.O. Box 91249 ' Portland, Oregon 97291 Until a change is requested, all tax statements shall be sent to Grantee at the followjog address: George J. Marshall P.O. Box 91249 Pordand, Oregon 97291 20.08-07 14:02 #664 P.02/08 WashIn0ton county, orepon 2003 112374 07A 013009 03-20:59 PM 04DW CMI 8trtsl0 DNORMAN O&OD 30.00 (11.00 f 1,040.00 - total ■ 11,701.00 11111111111 1611111111 ~ k Jony Howan Director of Auseement ad Tention and Q4 Mho County Clork forVlhahlnpton Courtly, Oropon do Money eWy that tho MINn bu0vm•rk of rip vrss lseolv~d sad eor0od In o• -book or r.oordo of void oow*- o'E~" 4%.. JonyIt kenooNftoetor uosamwrtendToostlon,, , flttOMldlo County Cluk Grantor: LAU1t N IL STANLEY and JULIE ANN STANLEY Grantee: GEORGE J. MARSHALL LOT LAVE A.D.TUSTMENT STATUTORY WARRANTY DEED LAUREN K. STANLEY and JULIE ANN STANLEY ("Grantor"), convey and warrant to GEORGE J. MARSHALL ("Grantee"), the real property in Washington County, Oregon more particularly described on Exhibit A (the "Property") attached hereto, free of encumbrances except as specifically set forth on attached Exhibit B, and reserving in Grantor and Grantor's successors and assigns, .a. non-exclusive easement for ingress, egress and utilities over, under and across the Property in the location more particularly described on Exhibit. C, \ attached hereto, which easement is appurtenant to and for the benefit of the property retained by Grantor and referred to on Exhibit E as "Tract 2". This easement shall automatically terminate upon the recordation of a f1 subdivision plat on the Property that provides a public right-of-way and utility rights-of-way meeting Washington County roadway standards and applicable utility standards in a location substantially similar to the \j\ reserved easement and which allows Grantor access to that public right-of-way for roadway and utility purposes. The foregoing notwithstanding, if (i) Grantor bas installed utilities within.the easement prior to its termination, then a utility easement shall remain as to those installed utilities (or Grantee may relocated them at Q Grantee's sole cost and expense to the new public right-of-way in full compliance with all applicable laws and z quality worlananship standards). The easement set forth on Exhibit C is twenty (20) feet in width. If as a condition to obtaining a building permit on Tract 2 of Exhibit E, the agency providing fire protection (the "Fire d Department") for that property requires a roadway with a wider width, then the easement shall be deemed expanded in width by that amount necessary to meet those width standards imposed by the Fire Department. LL The true and actual consideration for this transfer in terms of dollars is $1, 648, 350.00 The purpose of this document is to effect a lot line adjustment pursuant to City of Tigard Case File No. MIS2003-00023. The original legal description of Grantor property was recorded as Fee Number 98065723, in the real property records of Washington County, Oregon. The original legal description of the property owned by Grantee, referred to as Tract A of the duly recorded plat of "Meyers Farm", was recorded as Fee Number 2003-099649, in the real property records of Washington County, Oregon. The new configuration of the Grantee property, referred to as Tract 1, is more particularly described on Exhibit D, and depicted on Exhibit E. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARNM40 OR FOREST PRACTICES AS DEFINED IN ORS 30.930. WASHINGMN COUNTY REAL PA TAANSFE31 PnG51 [/rA031890067.DOC] $4 9.O -7 A0 :7 3 7/9103 12:20 PM FEE PAIO DATE 2 FROM :FIRST AMERICAN TITLE 503 790 7872 IIIIIIIII IVIIIIII(IIIIII NI 2009-112874 tt DATED: July 1, 2003 GL4NTOR 20.08-07 14:03 #664 P.03/08 Laulea R. Stanley ' 4A I( 1 Ana Ste~nlcy G George J.Warshall STATE OF OREGON ) ) as. COUNTY OF ao~ro-~ ) The foregoing inshun> = was acknowledged before me this 9 day of July, 2003 by Lauren K. Stao*. Notary Public for Oregon My cotmiission evim-, OFFICIAL SEAL STATE OF OREGON CATHY BgYANT ) COUNTY OF L The foregoing instlment was aclmawlcdged before me this day of July, 2003 by Julic Ann Stanley. Notary Public fot Oregon My cmurdosione Aires: 0 OFFICIAL SEAL CATHY BRYANT STATE OF OREGON ) NOTARY PUSUC-OREGON MY COMMISSION IFS FIRES OCT. 262005 COUNTY OF &J The foregoing msu mflt was acl wMcdgod before me this -day of July, 2003 by George J. Marshall. Notary Public 166 Oregon my commission expires: OFFICIAL SEAL CATHY BRYANT NOTARY PUSUC-OREGON COMMISSION N0.349809 PA4E1 1145304009/PA031890.0671 MY COMMISSION EXPIRES OCT. 26, Z005 7/9/039.41 AN NOTARY pUeLIC-OREGON NO, TmyMMISSION IEXPIRE5 OCT. 282 005 PROM :FIRST AMERICAN TITLE • 503 790 7872 4108-07 12374ruwimmA July 9, 2003 . EXHIBIT "A" LEGAL DESCRIPTION 14:03 #664 P.04/08 THE FOLLOWING DESCRIBED TRACT OF LAND BEING A PORTION OF THAT LAND AS DESCRIBED IN DEED DOC04ENT No. 98-065723, SITUATED IN THE N.W. QUARTER OF SECTION 8, TOWNSHIP 2-SOUTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY OREGON. COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, N 89°53'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723; THENCE ALONG THE WEST LINE OF SAID DEED N 00°09'56" E 265.00 FEET-TO THE TRUE POINT OF $EGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING ALONG LAST SAID WEST LINE N 00°09'56" E 1024.50 FEET TO THE SOUTHERLY 30 FOOT RIGHT OF WAY LINE OF SW BULL MOUNTAIN ROAD; THENCE ALONG LAST SAID. LINE N 89°51' 04" E 352.71 FEET TO THE N.W. CORNER OF THE PLAT OF MEYERS FARM"; THENCE ALONG THE WEST LINE OF "MEYERS FARM" S 00°07'22"W 714.75 FEET TO THE ME_ CORNER OF TRACT "A" OF THE "MEYERS FARM" PLAT; THENCE ALONG THE NORTH LINE OF TRACT "A", S 89°52'37" W 22.95 FEET TO THE N.W. CORNER OF SAID TRACT. "A" ON THE COMMON EAST LINE OF LAST SAID DEED AND THE WEST LINE OF "MEYERS FARM" PLAT; THENCE ALONG SAID COMMON LINES, S 00°13'55"W 310.02 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, S 89°53'48" W 329.93 FEET TO THE TRUE POINT OF BEGINNING. CONTADMG 8.14 ACRES. PROM :FIRST PMERICPN TITLE 01 200- 1 1227A 503 790 7872 E)Omff B Permitted Encumbrances *108-07 14:03 #664 P.05/08 Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1. Statutory Powers and Assessments of Clean Water Services. 2. The rights of the public in and to that portion of the prernisas herein described lying within the limits of roads, streets or highways. 3. An easement created by instrument, including the terms and provisions thereof; Recorded - in Book 345, page 341 Favor of Portland General Electric Company, a oorporation of Oregon, its successors and assigns For Easement and right of way Affects Reference Is made to said document for full particulars tI 4. An easement created by instrument, including the terms and provisions thereoi; Recorded December 21, 1999 ea Fee No. 88138212 Favor of Unified Sewerage Agency of Washington County For Sanitary sewers, storm and surface water drainage facilities 5. An easement created by instrument, including the terms and provisions thereof; Recorded September 12, 2000 as Fee No. 2000073617 Favor of City of Tigard For : Temporary emergency turnaround 6, The following matters pertain to Lenders Extended coverage only. (a) Discrepancies, conflicts in boundary lines, shortage In area, encroachments or any other facts which a carroci survey would disclose. [14510-0009/PA031690A671 PACE4 719100 7 *41 AM PROM :FIRST AMERICAN TITLE + S03 790 7872 4.08-07 14:04 #664 P.06/08 1111111111111111111111111111 2002-112374 EXIMIT "C" LEGAL DESCRIPTION INGRESS, EGRESS AND UTILITY EASEMENT July 9, 2003 THE FOLLOWING DESCRIBED EASEMENT BEING A PORTION OP THAT LAND AS DESCRIBED IN DEED DOCUMENT No. 98-065723 SITUATED IN THE N.W. QUARTER OF SECTION 8, TOWNSHIP 2-SOUTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY OREGON. COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, N 89053'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723; THENCE ALONG THE WEST LINE OF SAID DEED N 00°09'56" E 265.00 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER N 89°53'48" E 113.00 FEET TO THE POINT OF BEGINNING ON THE CENTERLINE OF THE 20 FOOT WIDE EASEMENT, THE SIDE LINES BEING 10.00 FEET ON EACH SIDE THEREOF; THENCE ALONG SAID CENTERLINE, N 00009'56" E 145.66 FEET; THENCE N 36002'29" E 107.98 FEET; THENCE N 00°08'56" W 334.16 FEET; THENCE N 30°16'32" E 90.77 FEET; THENCE N 00007'22" E 379.35 FEET TO THE SOUTHERLY 30 FOOT RIGHT OF WAY LINE OF SW BULL MOUNTAIN kOAD AND THE TERMINUS OF THIS EASEMENT. IT SHALL BE UNDERSTOOD THAT THE SIDE LINES OF THE EASEMENT SHALL EXTEND OR SHORTEN TO INTERSECT THE LIMITING BOUNDARIES. FROM :FIRST AMERICRN TITLE • 503 790 7872 4108-07 14:04 #664 P.07/08 July 9, 2003 1111111111111111111111111 2003-112874 . EXHIBIT "Y' LEGAL DESCRIPTION TRACT -1 THE FOLLOWING DESCRIBED TRACT OF LAND BEING A PORTION OF THAT LAND AS DESCRIBED IN DEED DOCUMENT No. 98-065723 AND ALL OF TRACT "A" OF THE DULY RECORDED PLAT OF "MEYERS FARM", SITUATED IN THE N.W. (QUARTER OF SECTION 8, TOWNSHIP 2-S0UTH, RANGE 1-WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUN'T'Y OREGON. COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION 8; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, N 89053'48" E 328.82 FEET TO THE S.W. CORNER OF DEED DOCUMENT No. 98-065723; THENCE ALONG THE WEST LINE OF SAID DEED N 00009'56" E 265.00 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE CONTINUING ALONG LAST SAID WEST LINE N 00°09'56" E 1024.50 FEET TO THE SOUTHERLY 30 FOOT RIGHT OF WAY LINE OF SW BULL MOUNTAIN ROAD; THENCE ALONG LAST SAID LINE N 89°51'04" E 352.71 FEET TO THE N.W. CORNER OF THE,PLAT OF MEYERS FARM"; THENCE ALONG THE WEST LINE OF "MEYERS FARM'S 00°07'22"W 757.77 FEET TO THE S.E. CORNER OF TRACT "A" OF THE "MEYERS FARM" PLAT; THENCE ALONG THE SOUTH LINE OF TRACT ".A", S 89°53'48" W 23.03 FEET TO THE S.W. CORNER OF SAID TRACT "A" ON THE COMMON EAST LINE OF LAST SAID DEED AND THE WEST LINE OF "MEYERS FARM" PLAT; THENCE ALONG SAID COMMON LINES, S 00°13'55"W 267.01 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 8, S 89°53'48" W 329.93 FEET TO THE TRUE POINT OF BEGINISU NG. CONTAINING 8.16 ACRES. Exhibit "E" 0 3 N~ Tf URBAN GROWTH BOUNDARY URBAN GROWTH BOUNDARY J~ e~ D 3 {YEST 1_/4 CORNER l M sEnDNN 9 7y l7 Z r Tjp ! m Z loo TRACf-2 TRACT-1 N 00'OEI''d• E 1289 wa 90' TRACT - I aor m cfA 355,665 SF XN 00 08 6' E ' 88 b --n- Its. ITO= Z _ ~ 20' WIDE INGRESS/EGRESS EASEIIE M • FOR IM BENEEFTr OF TRACT - 2 N li 67.389 SF ~ t - F N 00'07'22' E ' to -T N 00'00'b6• w F 379 35 ` ` o _ _ - _ _ 334.IC t va w en m• 30' m m w In ul O OD N s trss• w a-so • 24 25 26 27' 28 j 3 111 61 80 00 e0 ~7 .77'~ foo f 18 6 _ 6P ~ 79 82 98 f0f f17 0 a w i sa.,e t~w4cC 59 ~ ~ 4 63 78 87 _ f02 ffs -j 2 F 47 1 ~ 59 - 83 M E Y E R S F A R M aAl~tls-a~a~orr~ci,$ ~ noTa eTt~rc$ ~~-t0O' wJLYa ASSOCIATES, INC. RRO~ERIY UI ADJUMUM '0 asur~ma 09/Ct/CO EVINEM--GURMMRS .m M iwa na. M ~ faf a TKM cm fix tax -Qo= 1 1 p P • xt of m m OD m 00 • WOSHING`fO"N COt TY LAND USEAND 7"NSPORTATI'ON . SURVE'YOR'S OFFICE I request that the Washington County Surveyor's Office reserve the following subdivision. name: ' PROPOSED' NAME of SUBDIVISION: -MAP AND TAX LOT NUMBER: CITY JURISDICTION (Which City?) OR COUNTY JURISDICTION: SURVEYOR`S NAME: OWNER'S AME: I understand that if the name is not used within two years, it will be automatically canceled. a Name of person reserving name; Address:1'Z,3v~' Telephone number:, Fax number: 43~9'=ZZ. Signatur Date: Name approved Washington County Surveyor's Office 155 North First Avenue, Suite 350-15 Hillsboro, OR 97723 Fox. 681-2909 F;\Si4ARE.D\SURVEY\WFS14ARE; SUSNAME.DOC 2 d b~36lOvB EO '[>N/6l b t '13/7 l : ti i zon7 a 0AV (7A1) 'UN I 'S31V I OOSSV 219VNOWOW-S I UHVW W08J Zd WdLS : z0 200Z zl. ' das 606z9v8E0S : 'ON Xdd A3ftws A.LNnoo7NOi9N I HSU11: WOdJ • TERRA-WEBER,1LLC Property Development May 23, 2003 Interested Property Owners RE: Meyers Farm N0.2 We are the Buyer/Developers of a parcel of Property located South of Bull Mtn. Rd., West of SW 1.61` Ave. abutting Meyers Farm subdivision and connecting with SW Cooper Ln., Bray Ln. and Dekalb St., described as Reference Parcel No. 2S 108BC, this location. X2000. We are considering proppsing a subdivision ,and partition at Prior to applying.to the City:of Tigard for the necessary permits, I would'like to discuss our. proposal in more detail .with you, the surrounding propertyowners and residents. You are.invited to attend a-meeting for that purpose on: Monday; June-9, 2003, at 6:30 PM At Christ the King Lutheran Church 11305 SW Bulb Mountain Rd. Tigard, Oregon .97224 Please notice this will be an informational- meeting based on preliminary,plans., These plans maybe altered prior to the submittal of the application to the City. T have included a. sample of "Frequently Asked Neighborhood Questions" for your review. I look forward to discussing our proposal with you and if you have any questions; priorao the meeting.please. call me at (503) 517-8'284. Sincerely, om a er TerraZeber; LLC 12755 SW 69tFiAve..5uite.}QQ,Portland; COR97223! Ofiee: 503 5:17.8284`• Faxt;SU3.601-0354 MAILING: I. , being duly sworn, depose and say that on the g day of , 2043 . 1 caused to have mailed to each of the persons on the attached list, a notice of a meeting to discu s a proposed development at (or nea a- 'Ompy of which notice so mailed Is attached hereto and made a part of hereof. further state that said notices were enclosed in envelopes plai=ddJ,t said perso nd were deposited on the date indicated above in the United States Post Officelocated ataG~ with postage prepaid thereon. re (1n the presence of a Notary Public) POSTING: I. - do affirm that 1 am (represent-) the party initiating interest in a proposed affe g th land located at (state the approximate location(s) IF no address(s) and/or tax t(s) currently registered /~la'~~~Jr/v.~~5~l~k'B~ and did on the ' Zday .of , 20 L personally post notice indicating that the site may be proposed for a !®iV 2 application, and the time, date and place of a neighborhood meeting to discuss the proposal. The si was posted at GL (state location you posted notice on property) rgnature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) STATE OF ) County of Wa-4-\ :\5~or\ ) ss. Subscribed and swornlaffirmed before me on the a3r~ day of V'r1 d-y , 20 03 . OFFICIAL SEAL NANCY L STEPHENSON NOTARY PUBLIC-OREGON COMMISSION NO. 335453 IDW S JUNE 1111, COMMISSION SORES JUNE ,2004 NOTARY PUBL OF -OR GON My Commission Expires: o (0) L k l ot-+ Applicant, please complete the information below: NAME OF PROJECT OR PROPOSED DEVELOPMENT: TYPE OF PROPOSED DEVELOPMENT: rJ /U ~d-v 47- Address or General Location of Subject Properly: Subject Property Tax Map(s) and Lot #(s): 45 - O G . AFFIDAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE 0 N- v, S~~ET SI'G o-1 ~moeting 146%bb°rb,o - 2 1Vielers Farm AA-resS Jui'vo pUone # l 4 7 fll s ~ry1 zz a Z~ ~ '70 r 1~~ 7s S ~ ~ ~d ~ f)rin10 4 .11 _ ~i e 1 /Io~ ~ ~qfta i-oj 61 5 50 03 a3 s2cf 5 ~-v r _ n n CO S • • MEYERS FARM NO. 2 NEIGHBORHOOD MEETING MINUTES. 6/9/03 1. PLEASANT VIEW CONCERNS - FAST TRAFFIC ON DEKALB. CARS RUN STOP SIGNS. LOW HEDGES MAY CAUSE SIGHT PROBLEMS ALONG ROADWAY. HEDGES ARE PLANTED CLOSE BEHIND SIDEWALKS IN PLEASANT VIEW. 2. RESIDENTS WANT SPEED BUMP, MAYBE ADDITIONAL STOP SIGN. WE RECOMMEND THEY GET A PETITION AND SEND WITH COVER LETTER TO COUNTY COMMISSION AND TRAFFIC DIVISION. BOB MORRAST. HAS THERE BEEN ANY THOUGHT ABOUT CREATING A SMALL PARK? TOM THINKS IT'S A GREAT IDEA, SOMEWHERE IN THE VICINITY IN THE FUTURE. 4. PLEASANT VIEW SAYS MEYERS FARM COMMITED TO NOT OPEN STREETS CONNECTION UNTIL ALL LOTS WERE BUILT ON. THE ROADS WERE KEPT CLOSED UNTIL FINAL PAVEMENT PLACED. 5. RESIDENTS TO PREPARE PETITION, LETTER TO COUNTY, TRAFFIC. TOM TO SPEAK TO COUNTY ABOUT TRAFFIC CALMING DEVICES. 6. DRAFT PETITION E-MAIL BRODERTAL~AOL.COM. DAN BRODERS - 15951 SW DEKALB ST., 97224. Apr-15-03 02:44P leAd CC1 6319599 P_02 CleanWaterr Services Our commitment is clear. Jurisdiction Washington County Date Map & Tax Lot 2S10$6012000 Owners Site Address SW Bull Mtn Rd &164 Contact Ticiard Address Proposed Activity Subdivision File Number Clean Water Services Service Provider Letter April 11, 2003 Lauren and Julie Ann Stanley _ Jones and Stokes 317 SW Alder, Suite 800 Portland, OR 97204 Phone 503-248-9507x231 This form and the attached conditions will serve as your Service Provider Letter in accordance with Clean Water Services Design and Construction Standards (R&O 00-7). YES ^NO _ YES NO Natural Resources Alternatives Analysis Assessment (NRA) Required a Submitted (Section 3.02.5) - District Site Visit El ® i Tier 1 Alternatives Analysis ® I Date: Concur with NRA/or Tier 2 Alternatives Analysis ❑ ❑ submitted information ® ❑ Sensitive Area Present Vegetated Corridor On-Site ❑ Averaging ❑ ❑ I Sensitive Area Present ® ❑ Vegetated Corridor ® ❑ Off-Site Mitigation Required . Vegetated Corridor ® ❑ On-Site Mitigation ® ❑ Present On-Site 3,920s.f. Width of Vegetated 25150 feet Off-Site Mitigation Corridor (feet) Planting Plan Attached? Conditlon of. Vegetated Degraded Plan requlmd prior to any Corridor cteartne, grading, or cons&Wlon Enhancement Required ❑ cement/restoration To be determined start. and completion dates Encroachment Into Vegetated Corridor ® RSAT (no longer required) (Section 3.02.4) Type and.Square Footage 3,484s.f. GeotechnicaI Report ❑ of Encroachment _ lots required I ` Allowed Use i (Seetion 3.02.4(b)) _ ❑ ® i Conditions Attached ❑ This Service Provider Letter does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. HARRIS-McMONAGLE ASSOCIATES, INC. ENGDIEERS-SURVEYORS 12555 SW HALL BLVD TIGARD, OREGON 97223-6287 Tel. (503) 639-3453 - Fax 639-1232 PRELIMINARY INTERSECTION SIGHT DISTANCE CERTIFICATION September 25, 2003 City of Tigard 13125 SW Hall Boulevard Tigard, Oregon 97223 Attention: Kim McMillian Project: MEYERS FARM NO.2 Meyers Farm No. 2 will access the south side of SW Bull Mountain Road 297 feet east of SW 10h Avenue. The posted speed limit in SW Bull Mountain Road is 40 miles per hour. Based on the posted speed limit and in accordance with Washington County Community Code Section 501-8.5.F (4), an intersection sight distance of 400 feet is required. Washington County Community Code Sections 501-8.5-F (3) (a) and 501-8.5.F (3)"(b) require that measurements be based on an eye height of 3.50 feet and an object height of 4.25: feet above the street surface; and be assumed to be 10 feet from the near edge of pavement to the front of the stopped vehicle. Using the above criteria and a distance of 15 feet from the edge of the future pavement, the sight distance measured in SW Bull Mountain Road West from the proposed intersection is 575 feet and to the East from the proposed intersection 740 feet. In conclusion, I hereby certify that the preliminary intersectional sight distance in SW Bull Mountain Road at the proposed access for Meyers Farm No. 2 meets the requirements for intersectional sight distance set forth in the Washington County Community Development Code. J. R. (Jim) Harris, P.E. Project Engineer PROJECT: MEYERS FAR*. 2 . Page 1/2 SUBJECT: PRELIMINARY WATER QUALITY SWALE DESIGNt 9/25/03 CRITERIA: Clean Water Services' DDesslgn Construction Standards -,Appendix B - Water Quali & Quantity Design a. Storm event: Precipitation of 0.36 inches falling in 4 hours with an average return period of 96 hours. b. Minimum hydraulic residence time in swale = 9 minutes c. Maximum design depth = 0.5 foot d. Manning "n" value = 0.24 e. Maximum velocity: 2.0-fps based on 25-year flow f. Minimum length =100 feet g. Minimum slope = 0.5 percent h. Minimum bottom width: 2.0 feet - Minimum side slopes in treatment area: 4H:1 V i. Impervious area for each single family lot: 2,640 square feet Zkyers Farm Interior streets 143,208 sq. ft Bull Mtn. Road 1/2 street 7,407 sq. ft. Bull Mtn. Road sidewalk 2,755 sq. ft Single family lots (119 lots @ 2,640 sf) 314,160 sq, ft. Sub-total Meyers Farm 467,530 sq. ft Interior streets 59,813 sq. ft Bull Mtn. Road 1%2 street 4,418. sq. ft Bull Mtn. Road sidewalk 1,350 sq. ft. Single family lots (60 lots 2,640 sf) 158,400 sq. ft Sub-total Meyers Farm No. 2 223,981 sq. ft Volpe Proper - South Portion Interior streets 27,100 sq. ft Single family lots (35 lots @ 2,640 st) 92,400 sq. ft Sub-total Volpe Property - South Portion 119,500 sq. ft TOTAL Il"ERVIOUS AREA 587,059 sq. ft WQV = (0.36 inches) x (total impervious area) = 17,612 cubic feet WQF = (volume)/(14,400 seconds (4 t rs)) = L22 Ch • • PROJECT: MEYERS FARM NO.2 Page 2/2 SUBJECT: PRELEMINARY WATER QUALITY SWALE DESIGN 9/25/03 SW L SI .IN . Slope Bottom Width Mannings ide Slo Flow Depth (ft/ft) (ft) "n" h:v (ft) L 6.010 10.00. 0.24 4.00 L -~j-37 SW ALE HYD A LI . QSWALE Velocity Flow Area Wp R WS) (fps) (sq. ft.) (ft) Qd cfS 1.22 0.29 4.18 13.01 0.32 1VIINIMUM SWALE LENGTH Length of swale for 9 minute residence time 157 LE SW L LENGTH PROPOSED Length Proposed 170 LL MYERs FARM No. 2 TIGmw, OREGON TREE CONDMONIMMGATioN ANALYSIS Prepared for: Matrix Development 12755 S.W. 69`x' Avenue Tigard, Oregon 97223 Phone: 503-620-8080 FAX: 503-598-8900 and William L. McMonagle,.P.L.S. Harris IVMcMonagle Associates Inc. 12555 S.W. Hall Boulevard Tigard, Oregon 97223-6287 Phone: 503-639-3453 FAX: 503-639-1232 Prepared by: Robert Mazany, ASCA, ACFE Registered Consulting Arborist #133 Robert Mazany and Associates P.O. Box 1305 Beaverton, Oregon 97075 Phone/FAX: 503-646-0897 0 - azan~ and c:4iioc!aLF-i 40 MEMORANDUM TO: William L. McMonagle, P.L.S. Harris-McMonagle Associates Inc. FROM: Robert Mazany, ASCA, ACFE Registered Consulting Arborist #133 DATE: October 22, 2002 RE: Myers Farm No. 2 - Tigard I have completed my preliminary condition/mitigation review of trees located within the project limits of the proposed Myers Farm No. 2 development as requested. Tree location information is based on the tree survey provided by Harris-McMonagle Associates Inc. All trees larger than twelve inches in diameter were field verified to the nearest one-tenth of an inch, measured at four feet above the ground as required by the City of Tigard. The total inches of trees larger than twelve inches is 834.9. The total number of inches to be mitigated is 434.4 based on the information noted in the attached field note narrative. Please contact me if additional information is required or when I may be of fiuther assistance on this project. Attachments: Field Note Narrative Tree Survey Notes P.O. SOX 1305, 'S E-0-VE7t0tz, 07Z.g0n 97075 - (503) 646-0&97 Meyers Farm #2 - Tigard Field Note Narrative General Observations 1. Trees noted DICID are native willow in poor condition, most with split weak stem unions creating a high risk/failure potential. There are also three cottonwood in the wetland area noted DICID. 2. All of the walnut trees on the site are in serious irreversible decline or have died from years of neglect. 3. The Douglas fir and other specie, unless noted poor, are in fair to good condition. 4. There are fifty-five trees with diameters greater than twelve inches. Unless so noted all measurements have been taken at four feet above the ground, as required by the City of Tigard, to the nearest one-tenth of an inch and identified with chartruese flagging tape attached next to the number tag. Tree # 4271 * 14.2" diameter fir in good condition - Mitigate. 4278 127' diameter willow in poor condition with weak -co-dominant stem unions. Does not warrant mitigation. 4280* 12.8" diameter fir in good condition- Mitigate. 4284* 12.6" diameter fir in good condition - Mitigate. 4293* 12.7" diameter fir in good condition - Mitigate. 4308* 19.5" and 18.2" diameter madrone with a weak co-dominant stem union subject to failure. Though questionable for mitigation, it is part of the mitigation total. 4309* 14.T' diameter fir in good condition -Mitigate. 4310* 17.0" diameter fir in good condition - Mitigate. 4312* 13.4" diameter fir in good condition - Mitigate. 4317* 13.8" diameter fir in good condition - Mitigate. 4321 * 13.3" diameter fir in good condition - Mitigate. 4322* 20.4" diameter fir in good condition - Mitigate. 4338* 13.4" dWter. fir in good condition - Mitigate. • • 4341 * 17.3" diameter fir in good condition - Mitigate. 4342* 19.2" diameter fir in good condition- Mitigate. 4347* 21.5" diameter fir .in good condition , Mitigate. 4353* 12.5" diameter fir in good condition- Mitigate. 4355* 17.5" diameter fir in good condition- Mitigate. * 17.2" diameter fir located between 4355 and 4356 not tagged In good condition - Mitigate. 4359* 13.2" diameter fir in good condition - Mitigate. 4360* 15.1" diameter fir in good condition -Mitigate. 4361 * 16.7" diameter fir in good condition LL- Mitigate. 4362* 12.6" diameter fir in good condition - Mitigate. 4363* 14.9" diameter fir in good condition - Mitigate. 4376* 13.2" diameter birch in good condition - Mitigate. 4378 17.2" diameter willow measured at two feet above the ground in poor condition with split weak stem unions. Does not warrant mitigation. Located in wetland area. 4381 12.9" diameter willow in poor condition with split weak stem unions. Does not warrant mitigation 4382 14.8" diameter birch in good condition - Mitigate. condition. Located in he wetland area. 4422 13.5" diameter cottonwood in good condition located in the wetland area. 4598 12.2" diameter walnut in poor condition with little viable canopy. Does not warrant mitigation. 4600 13.2" diameter walnut in poor condition with little viable canopy. Does not warrant mitigation. • .0 M Field Note Narrative Meyers Farm ,##2 Page Four 4601 12.9" diameter walnut in poor condition with little viable canopy. Does not warrant mitigation. 4602 12.6" diameter walnut in poor condition with little viable canopy. Does not warrant mitigation 4606 12.2" diameter walnut in poor condition with little viable canopy. Does not warrant mitigation. 4652 12.5" diameter walnut measured at 3.5 feet in poor condition with little viable canopy. Does not warrant mitigation. 4749* 16.1" diameter maple measured at 3 feet in good condition. Mitigate at 15.1" to allow for natural trunk taper. Trees number 4604, 4608, 4617 and 4744 though slightly larger than twelve inches are walnuts which have died and thereforenot noted. Trees within the wetland area -are expected to be retained therefore not included as part of the mitigation. The total diameter inches for trees larger than twelve inches is 834.9. Trees identified with an asterisk are included in the mitigation total of 434.4 inches. W tYERS..FARM • NO, DEVELOPMENT REVIEW PLANS LOCATED IN THE SOUTH WEST 1/4 OF SECTION 8 E TOWNSHIP 2 SOUTH RANGE 1 WEST, VILLAMETTE MERIDIAN WASHINGTON COUNTY, OREGON D 1W 200 SC4E: 1'=100' SITE LEGAL INFORMATION TA 12,000 MAP 2S-1-88C SUBDIVISION ACREAGE 8.16 ACRES EXISTING ZONING: CITY OF TIGARD R-7 (7 UNITS PER GROSS ACRE) TOPOGRAPHY: SPENCER GROSS PHOTOGRAMITRY - 2 FOOT CONTOURS. STORM AND SANITARY SEWER: CLEAN WATER SERVICES WATER APPLY: TIGARD WATER DISTRICT ELECTRICITY: PORTLAND GENERAL ELECTRIC TELEPHONE VERIZON FIRE PROTECTION: TUALATIN VALLEY RURAL FIRE AND RESCUE DISTRICT POLICE SERVICES WASHINGTON COUNTY SHERIFF DEPARTMENT SCHOOL DISTRICT. TIGARD-TUALATIN SCHOOL DISTRICT - 23-J 1 11 i SHEET INDEX GN TIME MM & FUNRE OROIIIATION PLAN I of a EaSNIG CONDrWNS PLAN 2 of 8 PIE LOT DINENSDIBNG PLAN 3 of 8 UMS PREUMDLWY COMPOSRE UIGITY PLAN 4 of S GO PREUNNARY GNAMG PLAN S of B PRAT PRE AGNAIN PROFILES 8 of 8 NfG: PRELIMINARY PRMM 7 of 8 PROF PREU NW PROFILES 8 of 8 88MBT41r m UR WORMP' REFERENCE INFORMATION AND NOTES: occwm TO TRACING FOR YRR VKMCAL DATDY WASHINGTON COUNTY BT31OH MARK 0106. A BRASS DISC SET AT THE SE. OORNIR Or THE WTERSECRON OF SW BULL MTN. RD. AND SW BEEF BEND ROAD; HAVING AN ELEVATION OF 2BM428 FEET. 3 x a W d a i 1 m ~-~;ng6G a i i I I n- ~ W I ' u LH I i q IM H NT 4IN . ' PROJECT w Q ' - LOC -LOCA C) VICINITY MAP NO SCALE DEVELOPER; GEORGE J. MARSHALL P.O. BOX 81249 PORIIMb7. OREGON 87281 PHONE: (803) 291-2SBD ENGINEER-SURVEYOR: EIAREM-NOMONAME ASSOCIATES. DPC. era S-GURVEmvs 125M &W. HALL SM MOM H (em1° GEOLOGIS' O8022CM=B. RRBOTIRCM INC. SM U BEW4RIOIN0IEGALE NW. NIOIE N1~1gB ARBORIST: ROE= NAZANY AND ASSOCIILR88 _=M ~taxro ire-W PRELIMINARY PLAT I ~ 9111 ~AM, DEVELOPMENT REVIEW PLANS VAM Doxamm-aftem RIOW. 12M S.W. HALL BLVD. a1~ GEORGE J. MARSHALL SGARD. OR W223-8E87 P.O. BOX 81248 PHONE:( -3183 PORTLAND. OREGON 87291 FAX: ) WA838-1232 ~ 12/17/03 DECEMBER 17, 2003 MEYERS FARM NO.2 MACT - I ~L TITLE SHEET AND sw FUTURE CIRCULATION PLAN 1 VWAWrY MAP o 8 s'I,'I9C14:1 9 1'!@bi.~~~a7a v7R G:zry7R 7giy 1.700, 515SRI 11151111111 FF fill ~A cc t.. "K 14. A N" L4 ~W oeeoob'oreoaboooomboo~bobobbeoal.l.b~oeo gg pmqq gggg~~gg ~~gg gggg ~~~GGCCGCGC.GGC~.GG~GGG~GG~GG~~ bbi.aoobboobeoeppo~bppm~aggoappob'~mgbbgogobxx~mqqobqq ~GCGGGGG~GCGGGG~GGGGG 3333333333.3333333333333333 1\27.b b10401b610bbbb1061061010 ;D 014M OM 't 10 6b101PA, .40bco'6 b10,61010 bc11,bb10.b RR s 101.101010 101.101010 b bi.bbbi.bi.bbb ~bbbb 21 ImU11111will giggle ~ 8 8 b ~b 1'V bb ~b b bbb'~1. oi.bbbl~ big bb b 'ao14'm, mn nb ~bb'bbbbyb1m7b ~ X701. ate bb b H 0000 `gam^yg^~qy Qx 'Yy' gy Qy N pg 1Rb m' blob n1. ^107. ~ ~i~bb ~b b ~b big ~ m a Z165m 660*1915 111110 Bailiff ~Nbbbb7R=b7n';bb~b7Rbb 1` ' i.b7A~,b;bbb P"M338331ohl~~ g^~^fadd~ bbb~ m1~b ~ ~b7o Ybb7abbbb nbi.b, ~ ~ b m X13 bbb7o 10101`101'! b 7~bb aoi`bi.bb14f.1Ri`b b ~b r bbbbbbbbb8olo~ b'a~o+l.l.pbi. (4 biV ~bgqlggb egol~.g Zs F N z 01 Pz Q~ O> W P W X LU ~c$ °a A el 1H O Z 0 Z O t F= W O Z. w w d' s 4r - "I I II ~ ,m, ~I 111~, r CAW Sr ASR4EIC CONG'~,E 4' JSOO P Y J/t'(- tE1ELJq AOCK ~E r f-, J2'~-> BtSE Rxx aROR TYPICAL STREET SECTION INTERIOR STREETS SW POLLARD LN., SW COOPER LN. AND SW DEKALB ST. EAST NO SCAE SITE DENSITY CALCULATION SAS ACRE TRACT x GROSS SITE AREA- 354545 S.F. - 8.18 AC p LESS PUBLIC ROAD = 79,184 S.F. 1 LESS PRIVATE DR - 8,891 S.F. to LESS WETLANDS - 15,914 S.F. °o NET LOT AREA - 253,778 S.F. MAX DENSITY - 5,000 S.F. - 50 LOTS MAX LOT MIN. DENSITY - 0.80 x 50 LOTS - 40 LOTS IAN. BUFFER TRACTS A THROUGH H- 24,467 S.F. NET LOT AREA - 253,778 S.F. LESS BUFFER-TRACTS 24,487 S.F. 229,309 S.F. • S& e e 2W 1a 24' ,tl e• r smaUB LASS/ro~' AsAwnc oa,Cme Jf-i/Tl-J BA4 ROC( TYPICAL STREET SECTION 26' PRIVATE DRIVE TRACT J, TRACT K (SW BRAY LN) NO SCME 3•" S,qR 6 WAL M ,r I f EASIDlG f SID. CURB PAVEMEN SECTION TO REMAIN 6 1A• LASS 'C ASRULiIC WIICRETE 2b• CLASS 'B• ASPHALTIC CONCRETE PLACE ALL ASPHALT ON SAME DAY 3. 3/t'(-) LEVELING ROCK 1r BASE ROCK TYPICAL HALF-STREET SECTION SW BULL MOUNTAIN ROAD tv SCALE URBAN GROWTH BOUNDARY I I I I I I I I I 179 173 172 1 I 1 178 1 177 1 176 I. 175 I ! I I I I T1( 1 i 180 r--------j220 I 171 I t i . 174 170 I , 168~~ i I 167 169 % I `t 166^`~~ i 165 / 163 ,sr 152 a \ ti ' o M17S 1LANDS AREA ? ,or'' ON SF 4,40 SF 4.40 SF --s-r 4' J000 PSl W CAW //'C'((' ~~AS~MIAL31C CINCAER Sm CRS,( 8'Jf-1/T(-)) BVW ROCK ; Gurrat SW DEKALB ST. WEST No so" CURB 1 r saE S"wE r CAW b' ASRW.TIC WIIpRM M J 4''((-))1fl71GN ROC( c comatE SW 163RD RD. NO SOU URBAN GROWTH BOUNDARY I I I I I I I I I I I I I I I I I 1 'ma171 SUFFM 207 208 I I 209 210 211 21 2 213 214 215 I ~ CT TIC" iH ' I I I I I I ~ ; - - er \ FUTURE CURB LINE \ _ . ; • I I------~ O/-x611i yi i Cf - 'I OfB 1 I I 81 'A 206 ! ( 199 198 1 191 I 190 I I r r------------~ ~ I I --------t _ I I r - ' A71ON i 182 ROAD 205 ! 200 192 I 189 1 1 . I f FUNRE CURB LINE t------ I C~- - T I I 186 i 183 I I 204 i 201 i 196 93 1 i 188 i ~ 1 1 j 11 FUTURE CURB Ii 1------------------I l I 111 1 I I I I I 185 , 184 203 r_j . I 202 1 195 I r-i 194 1 187 1 I I ~ i N 00'09'5 " E 1289.5 p1 FUTLIRE CURB LNE I , 'S Ur be Jt r Pr or If" STORM DR T 146 151 & is sr $ 142 H 143 a 144 a 145 $ o or or AREA Dasr P. o. • a l ; PROPOSED DENSITY - 44 LOTS C 4,4M s MW s acs, s a= s wT $ a!4"~,n Z I~ AVERAGE LOT AREA N it 147 4 150 B. A 153 „ 43179 1 28• R/w M' cX) 0D Z i AVG. LOT AREA - 228,908 S.F. Sr . § 4M6 s NOW: 44 LOTS Die In p . 25' CURB u t TRACTS A-H TO CO I m (n R WV9W E ,au, >i S g TO TM AB LM 55-162 DD C AVERAGE LOT AREA - 5.151 S.F. W F, 154 BY TSB PLAT. F 0 ,63RD AVE a R. p~ 1 ` 48 1 449 w ' IT 5,443 ¢ 11 155 y a a ~ I r, (REQ. MIN. 5000 S .F.) 1 A , cd 6.442 s CA % TRACT-2 w 5AUS B 0 ws,r SW 163RD AVE. xooa w 156 157 158 59 160 20i ACRES 162 s41 136 a +easr ¢ sso ,ate - rog, 40n 4 4N1 SF SAW S 4011 SF 0.4Z s 1a6 ~ ~t oq I ~ a7@ SF q cm A°RU wr r sr s s s rrt I z 0 C CA 7V 135 x 1 i1 a>aan SW 163RD AVE. _ y m f _ ..Wk 10 Zcp 1loft 37 47A SF 130 ca 129 s v 009%7r E tEOBO µ0r N 140 ~ o S It S SF MW SF 7r 139 fiQ X34 i 13J $ $ 14W8 1am5 14 121 % a 1aas~ zr.~ id44 8 1138 - 5 m I I r m ,R Y~ Sr a z l or j i7 v, x 119 1331 I 132 B g "g 127 1126 it la 123 122 L1 ~ rn 119 I ro SF 4M SF S 0' 13'55" W 532.0 , EMT. a~ SF I 4.40 F a s s 477e s s Jr FARI( 24 25 26 27 28 29 r S00, 757.77' 14 a 118 S 89' 2438.03 W 1a 14 80 4• U) 99 100 ~ ' N 60 61 81 ( Ln I f LINE 23 S W 182nd TERRA E r D MN I*-w so ,m --------=4~- - m 59 6~/2ER 79 82 IE 98 101 I 117 OUN r I ° I I A ?Z ~XA c I l m 0 S I I ~ ~ m I r I m REFERENCE INFORMATION AND NOTES: Dma® ff~l ~yyC DEVELOPMENT REVIEW PLANS MEYERS FARM NO. 2 INC. 1'~D >NrID •J~p4M RJCW. ICT ' >f SP~-PRB 12555 S.W. NA1 BLVD. am= GEORGE J. MARSHALL aw Jim P.O. BOX 91240 PRELIMINARY PLAT 3 709 Da PHONLi 539-3153 PORTLAND, OREGON 9729, FAX ° B~-,232 610/21/6 LOT DIMEISIONINO PLAN Q 8 RET'FA TO TRAdNG FOR LATEST REVISION 0 AL rlN~ @ i x 5 $ a # 6 t1l 0 50 100 SCALE I-W LEGM -ZW--0 PROPOSED SWIARI• sour DD MIMPOIE -S,W-O EIOSINO SVSIRY SEMFR AM rvRMME -SM-O PROPOSED SttN SEAR ND MMSIOE EIRSDD SLOW SEIZED ND MMEOIE -W- PROPOSED NOR Lm --w-- a V =m WR IDE S PROPOSED SINN OIRR EREI PROPOSED IWER ME1ER M E1031NO 20MP QOW MET 8 Dew vwm METE . 4 DO,S1N0 PRE HDRW7 'T MW EDER IE'IERS AND SERWX LNM PNb PROPOSED FIRE hlVRW # PMQKMED 5DRET IOM E)OSIM SDEEE 1X7 0 SWI D Sr E Laff • • PROPOSED OFFSITE EXIST. C.W.S. URBAN GROWTH BOUNDARY WATER QUALITY FACILITY PUMP (RELOCATED) STATION IDnoEm I I I I 208 2-;J 0, 2-f 3 214 1 I I n~ ~ .^.ll.il I I H I ! I ---.._.....L..._......._.._L......_..._...... I r. £ I D •./r F P i':rR li I-...... i in' I i~ a I o i 9 13 \ _ ..s Rye<_,/ II I , 2" 20: 9 £ I V.... a r I: I 91 4 i ' STORM DRA AGE EASEM 7 146 151 142 143 144 145 147 150 I D SW R VF- Z o - 1 148 149 o TRACT-2 \ - 201 ACRES 141 1 63RD AVE. PROPOSM STREET 136 - - - - - co TREE TT?) C I 135 I sslro eE asMmO~n D 140 .137 al - (M BE ~ Is l ' f 134 I I 131 139 T 138 ! 331 I 13 1 1 8' P I 3 24 ! 25 ! 26 i 27 28 ! 29 i 11 ~ '"m FI>bI 1 61 23 60 62 - - r I j 36 1¢ 22 ' 30 - ' i' F'• 46 47 58 e:: li } e l- ' !j• 3 - 64 :Y' 5 i I I 1 : I ' 21 31 I' 37 fl II 3N 45 48 i - ~f I 57 65 IERN01 REFER TO TRACING FOR REFERENCE INFORMATION AND NOTES: URBAN GROWTH BOUNDARY 1 R I i I ' I I I I.......... . R22~jp I 1 u ; ; I t i I h L. £ 0/ ~i r \ 4 AVE. \ : I I 152 D LIMITS ANDS AREA i y aANDS Z 8' m I ~ ~ 153 ° + I c 4. I PROPOSED FrREET ' I 0 \ 154 TREE 155 i 156 157 158 159 160 161 16 of _ SS(10EE A s 1-29- IWm I 128 II Y 127 14 it 80 79 m --------78 77 76 mm DESKOMD WLYa iD® RJLW. 12505 S.W. FULL BLVD. ~ TIGPRD, OR 97221-5267 Jim FMFNOIDFJ ( .503)839-1232 839-3153 (50.1) ~ 10/21/03 125 126 81 82 83 124 121 123 122 ' 99 100 ,I i; NC ; 0 0 1 98 ' 101 Ij mB 9 7 102 ;l 96 i 103 I I I I 104 84 95 ' IMPERUDUS AREAS PUBLIC 63,920 SF. PRIwa 0+993 SF BRILL MRL FD 5,765 SF 120 119 118 117 116 115 114 TAIrr. TEE I I I : I AI I NI N! DEVELOPMENT REVIEW PLANS MEYERS FARM NO. 2 "IE VOLPE PROPERTY am SaLuluB GEORGE J. MARSHALL COMPOSITE UTILITY PLAN P.O. 90X 912" PORTLAND, OREGON 9781 SRE MFORMA7ION 4 e OF V 7 , 1 J f , } 1 r~ Owl a Sst !{fit , ! f 7 ~ '••m i t i r s 7 r A J° ~ f7 iii! ~ 1 ~ j f f 14 71, f ;J ~ f •i `~••,fl~ `~f / It tt 3 3 f r CCVJJ~IILF~,~'j,~'ri'~''•'.•{' ",/;:f'•°~ •rl;.rJ r y f 1 f I ~E ~ J11 1 `,f ti z ~P 1 f s11+1 V3 ~ f- "off •,+„1 1#N~ ` 1 ~ ~ t ~ 1 It C)~+`/ ' 1 I 1 J~ '11 1 ` ~11~ 1 Z~ ICA 4 N 4 1 j. N ;1 't I I 3 i 3 7 3 7 ~ ~ S 7 ;i.J77 !1 !'i c` oosi~ to ~ f ff ft l S f f 7 f % i f ~17, 1 i ~3 j f r ~ y 1 j Wi f 1 f 11 Sf ' i ' S1r if 7 1, 1! 1 ' ~ { S 111 , ~ + ' (f ~ , , ! f 7~/ r ~ '-j- ~i 3r nr ij r ~7 f f ( f t 04 f f ~ I %ff fl ~ 7 3 ~I 1 l 1ry ~ - i , r~ f ~ %j~ f f 1 J ! / , ,y1 ! r / ! p ~f 1~ 7 , ~ 11 , '•j f { 1 ` f i /I v m ,r It w- sr I ~ ...mrQ, 1 x a • 1 0 0 V E R T S O A L E REFERENCE INFORMATION AND NOTES: Omar= TO 1RACIN; FOR LATEST \ ro + FM • 7+11 ......i. i.. \ m~ 373 1 AA j \ 390 ..i................... _..._.._.....x j.. : 4a _ . \ I ®I j ,m { _ 370: I _ ~ - - _ _ ` ' L vi vi l _ _ - I _ _ - 50. 9+9, OPE w7m i MUA • 7 j 31 I PA av l I 47 I I i 390 K ` 9 . i j._........._..................._.._....._._.:._..-_ .........1......_-. x& w j i i I • i I ~ • I ......i ...................5.._......_.... . - _ . { j j 330 _ . - - _ 90; I \ I ~ ~ : I I ~I -I I I I { I I i 1 i I , i \ \ m ~ 401 3W m ' I I ~ I i . I..... I 1 1 C I I _ .......i..1 I _ _ I - M sa „+99 _ _ { Aa 1209 N -)OR i i 320 I I I \ 2990Q' 1C 329 - { . { - _ - l I ; o ~ - _ - _ - : 3101 310 - - _ - I j j 09 SW D KALB ST. \ 3 - _ _ . _ - 10 \ I i 1 I 2901 290 j _ j I 1 - Hd~ ,t•w ,'.s L 0 A_ 0 SD ,00 N1I¢ SGIE OEM= W DEVELOPMENT RED PLANS MEYERS FARM NO. 2 AS SH MN . BAND-WAMNAGN rn~m TRACT - i sp-sw "W. as= GEORGE J. MARSHALL PRELIMINARY PROFILES ow SX ,2999 NAU moo. M nOARa 9m3-e2e7 JAM P.O. BOX 91249 . 8 P _(S9,T)6r7 as . PORI,ANIX OREGON 97291 v B Design Elernentc: The presentation includes a minimum of signage, budding height venation which generally follows ~1 T lmnrnvement of CIInnCP 1 ana ac a SA mnr 1 The residential character of [his subarea a to be the topography, preservation of natural vegetation i protected Improvement of roadways should be and landscaping along the road [n addmon, direct '!f~ ~I T t~.l~ done m a manner whsch does not encoura e g pedestrian access to Beef Bend Road shall be excessive through traffic The extension of required as part of development m this Area, as Roshak Road to Scholls Ferry Road, for instance, well as a pedestnanway atom; Reef Bend Road should not encourage Bull Mountain Road to lake for access to the Nesghbonc~r w commercial vie at COMMUMTY PLAN OVERVIEW 7 Nesghborhoal commercial land shall be used to the place of Beef Bend Road and Scholls Ferry S W I31 st Avenue Road for east-west through traffic Alm, apro- r prowde principally for the shopping and servsce posed Minor Collector between 132nd Avenue The development approach planned for the Bull needs of the residents of the Communit Plannm Drainage management m the watersheds affected ■ Mountain Area is intended to ensure the careful and y g and Bull Mountain Road should no[ be ahgned by develo merit m this Area Df S cial Concem Area Only those commerctal uses whsch donot - P Pe i~. deliberate growth of a dtsunet residential community with 133rd Avenue south of Bull Mountain Road shall be improved as a result of development m In concept, the communit is intended to be su ruve depend on regional or sub-regional markets for A direct route might encourage north-south y pp° their support will be allowed Step commercial the Area of and dependent upon nearby retail and employment through traffic over Bull Mountain For similar rvPE of usE development along trafficways will not be reasons, all the roads tanned for im r centers m Tigard, Beaverton, and, to a lesser extent, allowed P p ovement or 9 An area including about 36 esisnng land pazcels oetacnetl Dwelling unit i f other centers m the Portland Metropolitan area The connection to Bull Mountain Road within the south of Scholls Fem Road between Sunnse Arlacned Dwelling Umt Bull Mountun Area is not intended to be developed as 8 Where the impact of noise and lighting associated Planning Area should be consuvcted as rninor Lane and the BPA powerlint ease-merit is Area I an independent orself-suffiaent community, manly wrth commercial uses adJacent to revdenual areas collectors or local streets followmgthe topogra- of Special Concern 2. Future land pvtmons < Manure"°'ea Dwe°'ng Park because of us ])rugged and statist terrain, 2) proximt- does not meet the standards in the Community PhY generally and not directly ahgned with other shall be designed and reviewed for ]ocatson and z Me"utaaur~ owe°'ng ~ Subdwis~on ty to existing and planned shopping and employment Development Code, the commercial development maJor roadways onentauon as they affect cir. uiation m the Area s_ ~r ~ Guest House centers, 3) lack of bisecting arterial roadways, 4) histo- shall be subJect to limned hours of operations according to the Master Planning-Planned ~ 2 Hillside budding techniques and foundation Development Provisions of ~ ie Commune 9oarding House ry of restdenttal development, and 5) location on the y edge of the Urban Growth Boundary. Rather, Bull designs such as stilts, stepped foundations, etc„ Development Code. A general circulation tan genial ~n an Fs~stm Dweuin 9, Consistent with the county growth management shall be used to minlmira the alteration of pxirt• rvr !hc Aiea shall ha vld~ ! whi h ,iP g c Mountain is to be developed as a dsshncuve restdenttal policies, new development within the Planning mg slopes over 20 percent Detailed site plans, r Pro ~ c mint itlroM Moroe oaaun.oon environment m a naturally fortunate setting wrth level- Area, wrth the exce lion of conswcuon of a 1) crossing a the canyons, , ad access onto o merit o rtunmes for a vanet of housm o eons p elevations and sections shall be required showing Sunnse Lane Legal access t ~ property in thss area P PPo Y g P detached residence on a lot of record, shall be General Resae r all structures, foundations, and techniques pro- shall be consolidated whenever posssble m order ~ required to connect to public wale and sewer posed for hillside construction. These, as well convenience Retell The development pertain begins with medium density service The provssion of sanitary sewer service as th r se sr to encourage a developmen~ nattem whsch better .~~r~ ~ i housing along maJor collector and arterial roads at the o e e plan requ ements for binldmg on con'orms to the ru ed to . Personal service foot of Bull Mountain where a R on Bull Mountun will be analyzed during the steep slopes, as defined sit the Commumt_v €g P` . aphy a ppropnate essdennal re station of the Count Unshed Ca list ~ Eatao~i rim ranking densties, as planned, decrease gradually up Bull p p Y P Development Code, are intended to ensure that w i.,. Mountain with the greater part of the summit and stir- Improvement Plan development achveies do not increase the pote~n- For thus part of the Plan, Pu+icipauon m the study o Proiesvonai once roundin rid es less Hated at the Count 's lowest ual for earth movements such as landslides or by responsible and mtereste ' agencses such as ° seance staian r~ g g g Y 10 New development shall dedicate tight-of-way for land futures m the steep] slo d subarea Ore on De anment of Fish sod Nddlde, the itrban residential density Neighborhoal commercial road extensions and alignments indicated on Y ~ g p HolellMOtel tih a Tualatin Hills Park and Rec •auon Dntnct, mdi- j uses are planned at the foot of the land form to serve Washun ton Count s Trans rtauon Plan or the g Y~ W 3 No grading, filling, cleating, or excavation of victual csuzen and citizen ro s shall be sou'ht Lana Ectenswe commercial the convenience shopping and servsce needs of the Bull Mountain Community Plan New develop- any kind shall be initiated on steep slopes until ~ t ~ r ~ ~1 future population merit shall also t1e sub act to condsuons set forth Critical natural sites shut hr idcnu.ted and sur- f a gradsg plan, as dc5nrd m the Community r m the County's growth management policies dur- Development Code, iS' ved.•Bormwto _ , _ vexed 1 the finds~s w}trr, t a~sla~fo~u5lt a Manuracmnn lmphcit throughout the Bull Mountun Community and private use and protect n shall be prepared ~ warenoase i Plan is the assum uon [hat holes m the trig the development review process obtain fill material shall be prohibited unless the p 1" and include agency role idc: uficauon and financ- o Comprehensive Framework Plan will be implemented l1 The Count shall em hasize non-auto (transit, material is obtained from a cut penneted under*u)1' trig strategies Should the a rpted study include - witolesale through the Community Development Code, the Y P approved grading plan, or imported from outside rovtston for ubhc use of s rods, ubhc ac ms+- bicycle, and pedestrian) measures as an mtenm the htllstde ties P p P q School Unified Capital Improvements Plan, the Transportation solution to circulation issues These measures uon of such land will enhc. U purchase at fur Plan and other functional plans This is particularly shall be used to facilitate access to uansn centers market value, or b) acqusre~' through voluntary i Park 4 Removal of natural vegetation shall be mini- 4 important with regazd to the county policies on pubhe mized, existing vegetation protected and Property owner donauon~dc hcation to an appro- F enurcn t facdetes, which mandates the provision of adequate 12 [n the dessgn of road improvements that are - pnate public entity ~ Pubuc ew~oing services before develo merit is rmitted The u se re tilted of new developments to meet the destroyed vegetation replaced This is required m i p e Governmem) P ~ p y order to conserve important natural areas, a of the Bull Mountun Community Plan ss to ensure the County's growth management poheies, pedes[n- The County-wide Park and Zecreatton Master Hospital decrease the potential for erosson, decrease the Plan shall be re ared nor iu the Ado uon of the high quality of Irfe currently found in the Bull ari(bicycle pathways identified to the County's amount of surface water runoff and help prevent P P P P Mountain Community Plan Area is mamuuned and Transportation Plan shall be included first maJor update of the Be I Mountain Com- special Recreatan use enhanced as develo merit of the area occur earth movement m hazardous areas A slope stab[- munity Plan 1n the mtenm prior to the ptepara- w P I Group Care 13 New access onto arterials and maJor collectors lizatson and revegetauon plan, which includes a lion and ado uon of the Ce nit -wide Park and o schedule for rave etauon after areas have been P y pay care tE»cluomg gamey COMMUNLTY DESIGN shall be hrnited Shared or consolidated access g Recreation Master Plan, de ~fopment is petinitted r care Prnviden shall be required when new development or tale- cleazed, shall be included with the required grad- connstent with all other pit unions and require- , MaJor development contains, community design velopment is proposed along arterials and maJor mg plan Revegetauon shall be completed before merits of the Comprehensi ~ Plan connderations and the land use prescnptiors created collectors, as detailed m the Commumt October 15 of the year of construction, or a tem- ~ to address them are enumerated as Commune Desi n Y porarv treatment shall be re [tired sufficient to Y 8 Development Code q Desigrt Efernents: Elements m this section of [he Plan The Community prevent erosson ppor to the rainy season. Devgn elements are central to the Community Plan 14 Bicycle parlung facdmes shall be requrred as a - 1 Developments wsthin I They protect what n unique about the Bull Mountain part of all commercial, mdustnal and msntuuooal reviewed and tlesignei CommunityPlamm~gAreaandatthesamenmecon- developments Residentialdevelopmeniswhsch VIEW NORTH FROM HULL MOUNTAIN 'ROAD edMurravBoulevard nett es land uses with the surrounding metropolitan have parking lots of 2D or more spaces shall pro- use and design condor ~ community vide bicycle parlung facilities development proposal ~S i _ - _ - - - ~ - ^T-~ ~ futare constructson of ~ Those Community Design Elements which apply to the I S Coordinate with the Gty of Tigard for the plan- _ _ _ , _ ~ , ~ ~ whole Planning Area are first listed Then the land uses rang and provisson of park and recreation facdt- ~ i ~ ~ 'sw ~ 2 Onentauon of pedestr ~ planned for Bull Mountain are chazactenzed by sub- ties and services. 1 ~ ° ~ deliptied in a manner q~Y g area and dessgn elements s ific to each subarea are ~ ~ ~ ~ " ' ~ ~ f tar tr sit v i Pce - ~ u e an a a label 1 0 f v f "'`'fit ' presented. Bull Mountain subareas mdude'he Summit 6 pen space shall be used or a anety o tetra- . ~ _ ~ - m the onentauon of 1 I auonal activities, the rotecuon of wddhfe habstat s" ~ g and Slopes, the Southern Lowlands, the Northwestern P ~ , . ~ ~ t~ i .~w~„~ Fein Road toward .h~ Lowlands, and the Norther Titan le Al] of the deli n or aesthetic purposes, such as scenic views. y' ~ g g x paths on .he road from. elements m this Plan r~,r a' ..rl 1 ,a ~ s r, ~ ` ,both general to the Planning 17 Review of land artmonm and structural level- ills i1'1~1~' , ; ,,~~G , areas back and away F I Area and site-speci5c shall guide land use m the Bull P g ~ L S,~'~~I 1J opment proposals for areas within one half mile Mountain Area 3 The alignment and stn of rock quames (existing and proposed) shall Murray Boulevard ext Areas of Special Concem are also defined sit this include I) measurements of noise anticipated S ecause uees p C mmumt Pl from such development and 2) appropriate miuga_ are such an important natural and Nor1ltwest Lowland trummize adverse tin o y an Some sites within the Planning Area resources and sutrourn non measures which ensure that the future land yscenic resource on Bull Mountain, development present special resources, opportunities or problems to This subarea includes the redcmmantly undevelo d uses 1 r the Bull Mountain communsty In such cases, a ore- uses meet Oregon Department of Environmental m areas of standing trees shall be designed to P Pe uaht noise standards Conditions to develo _ ~mmtze the number of uees to be cut At the northwec, comer of the Plannm~; Area 'vledsum dens- ' alive site design approach is required to assure resolu- Q Y P um f ty housing at a maximum of 15 units r acre ss 4 The area designated fc .r ~ non of development conflicts andlor aswre eonsidera- merit, such as regwrements for berms, walls and e o development, no more than fifty percent F ~ housing between the r~ other noise buffers shall be a hrd to the of the mature standing trees (six inch diameter or planned _or the relatively flat 1<. id along the Scholls ~ non of important amenities, such as proper circulation PP ~ Ferry Road, from the western 1 rundary of the Planning Boulevud extenion a and o n s ace S cial tenon uc~ns for anal stn or approval of new development when appropriate. greater) shall be removed .tom any parcel Fac:ng'=err1 S!ree' and ~ p ~ P P y Development design and cleating for structures Area to an area of steep terrain tint west of Sunnse , ~ r or T design, as well as direction for the public revew• Lane Compatible with planner densities north of Specsa, ,,ono... n 5 s- roc ass arc von where those s ciai areas arc noted SUBAREAS shall provide for tnaximttrp teteaUon of old less tied and taxi w c P ~ ~ growth trees. Prior to development, the harvestm ~ Scholls ferry bead, the medsu~ t dcnssty housing will - - _ _ . e e The Areas of special Concern are mapped and Hum- SUMMIT AND SLOPES g offer ood access to em fovment, sho m and other Planning-Pi<mned Dev of forest tree species for their commercial value g P PP g attention shall be give[ bared on the Community Plan Map. shall be in accord wrth the Ore on Forest activities via Scholls Ferry Road and Murray T'+e land f~nr+ between S W Beef Bend Road and ~,a g Bouievarc'. Medium de.^sity hc~ism development will traniuon From :he me At the time of the first ma or u ate of the Still cnces Act The slope stabilization and ravage- g the north to low dense J Pd Scholls Fenn Road is designated primarily for low bees dally w rtsve of futere transit sernce aloe Mountain Community Plan, the County will consider density restdenttal use at a maxsmum of 6 units per ta!ion plan shall indicate the mature trees planned ~ p~' g I~T~ ~ 1,'A~1. ~ reryRoad and evaluate oohcies which may allow mtenm level- for removal and describe the replacement pro- Scholls Fem Road and a neig~ xtrhaxl commerctal ikvelnnmenr m rhrc n TL.. .L_ n~ ~ i is cr~cyuuna ac at uic cugcs tin uie suuu'' rams Re lacement trees must be of at least center planned on its north side Such development already~buffered from opment m the Bull Mountain Community Plan Area. north, and northwest along mafor roadways Low den- g P mi ht also romote an earlier e,uemion of sewer ser- eady~buffered from Scholls Ferry Foad and the be buffered from the highway with landscaping suies are planned on the Bull Mountain summit and 1-112 inch diameter, g P r Progreso Quarry by a 1 ogress Quarry by a powerhne easement and present a wsuaily appealing view from the vices to the west porron o. the Y~amm~g Area than Nevertheless, develop, General Design Elements slopes mainly because of the dominance of steep 6 Streams, seasonal waterways and immediately might occur without ouch densities wertheless, development should be oriented to highway the Areas's mtenor to slopes and the established pattern of low densrty rest- adjacent npanan zones, as defined m the , 1 in the design of new development, floodplams, dentral develo men[ This low density desi nation A roxrmately 1,000 feet lout! of Scholls Ferry Road potential impacs of th Areas's mterrorScuMultect esr ~ n ~ ~t„~, ~T_ _ , PP drama e hazazd areas, streams and the+.r tnbu- p g Commumty Development Cotle, shall be pre- g extends from the Fem Street development and the east- served m their nawral condmon ,ncludin to _ and e+ctendmg further south apt ~rorrmately 1,000 feet Boufevud extension a~ tares, riparian zones and wooded areas, steep em edge of the Planning Area, where it is contiguous rah and ve i ~ g ~g into the steeper slopes is an are r planned for low meth- mum number of direct y slopes, scenic features, and powerlme easements p y getat on Vhere roads are requred' lanned onto the Murr to a similar land use devgnauon m the City of Tigud, f bodges shall be the preferred means of crossing um residential uses at a maxim :m of 6 units per acre p and tight-of-way shall be. to the southwest ed a of the Plamm~ Area at the Th,s develo ment,s m!ended'r~ ~rct as a transmon from g S streams and waterways rather than mfill and pip- P 5 An area including thin a used to accent, define, or separate areas of Urban Growth Boundary ing or channelization of waterflow the medmm densities on Scho" ~ Ferry Road to the low between Scholls Fett'V densities on the mountain sumnut and s1o es The low and encompassing parr differing residential densities and differing P An area of approximately 30 acres served by Hawk 7. Use of powerlrne easements for farm operations, medwm densities also offer ar, opportunity for small planned land uses, Ridge Road rs desi oared for a maximum of 5 units r of Special Concern 5. g Pe open space, and wildlife habrtatshall be encour- lot and attached housing m a sc ^mc area which is not and buildm of tiny sir ~ b preserved and protected to enhance the eco- acre, consistent wrth the locatronal cntena for R 5 aged as appropriate m this subarea, reality available m the County Access to employment g ' ~ - shall be designed and r j nomrc, social, wildlife, open space, scenic, and shopping and other sernce^ rs intended to be to the orientation as they affe Almost 20 acres at the foot of the mountain on Beef 8 part of the subarea along Beef Bend Road, which north and east alon the existm° ma or arterials recreation qualmes of the communuy; and Bend Road are desi rated for medium densrty, housm g ~ the Master Planning-Pl g 8 is designated for medmm density residential uses c where appropriate, interconnected as part of a at a maximum of I S units per acre Consistent with at a maximum of 15 units per acre, is Area ot`'"~' • Design Elements: lions of the Commumt adopted locational cntena, this medium densty desig- S ins Concern 1. Develo merit within this area general circulation plat park and open space system pee' p nation takes advantage of the goad access inherent m shall take into account the need for hmued access I This entire uibarea is Area of Special Concern 4 vrded which mimmize~ j This design element shall not be construed its frontage on a mafor collector street Addmonally, onto Major Collector roads by planning a traffic as noted on the Commum~y Plan Map All level- Creek and 2) access on or interpreted to regwre the non-voluntary led- this density offers the area's primary amenity - a circulation system which reaches all the parcels opment wuhin this subarea shall include prove- 135th Avenue nation of property for open space, scenic or scenic view of the Tualatin Valley - to a larger pro- within this area and includes a maximum of two lions for adequate pedesh ran and vehicle access recreation use Such property will either be a) portion of the County's population than would be points of access onto Beef Send Road to Scholls FeRy Road ant' pedes'~aa improve- Southern Lowlands 1 ` purchased by the public at a fair market value, offered by a low densrty housing designation. Buffered merits along Scholls ~ J Ruad or b) at the volmon of the ro rt owner, deli- from lower housm densities b a stream bed and sloe Development within Area of Special Concem l The Southern Lowlands sub P ~ y g y P These rm rovements shal mdude a destnan Bend Road and Kine city, n Ir - ~ sated to the public for such use The provision slopes on the west and a power line easement on the shall include landscaped or natural buffers at P Pe r , of o n s ace ma be a condition of certain east, the area is within walkm distance of lanned borders held m common wrth lower density rest- path along Scholls Ferry Road and an attractively and King city, north o. ,he ; ~ p y g P desi red transit sto Ind •>Ldestnan shelter. A the Urban Growth Boundan development actions, the imitation of such neighborhood commercial services and a potential dentral uses Development shall also present a g p ` by gently rolling lowlands a development requests rs at the volition of the transit stop at 131st and Beef Send Road visually appealing view from Beef Bend Road safe walkway will be req~nred across Scholls 1, Fein road at the Old Scholls Fenv Road intones- um density developments m property owner and the acceptance of any condi- Lion to connect the subarea with a net hborhood Park south of Fisher Road a. 1 uon regarding open space n at the dncreti°o g north of the over Adjacent ~ of the property owner commercial center plannF•d on the northeast cor- housm denvty of a toxin tier of that mtenecuon g PP 2 Master Planning -Primary Use or Planned Develo merit wrthm this Area of S cial Concem The Community Buvness C 1 Development procedures and standards shall be I p ~ Pacific Highway east of Krr shall mchrde natural or landscaped buffers where ~ required for development on land which includes j planned for the adjacent are a Significant Natural Resource as a means of pro- rt borders lower densrty r~srdeot,al uses Buffers ~ intended to minimize none shall be planned use designations contiguous testing the resource while accommodating new ~ ~ I designed to be compatible v i r - developmem An exception iv this reuurrement _bfltween development in the Area and the activr~ r ~ ~ ~ ties generated by Progress Quarry lust north of ' --wrthm rheC'ty limin-- shall be allowed if all of the SigmficantNatural % I ; Scholls Fem Road Develo merit shall ako re- Resource site is retained as open space Public ORTHER j - P P South of Fischer Road, alon dedication of thx o ens ace rs not reeurred, but TRIANGLES • sent a visually appealing view from Scholls Ferry metl,um residential densiue~ P p ~ ! Road This includes a mr7rmum of signage, burld- isencouraged. Adensrty transfer from the ~ - - - t per acre are designated for a resource area to [he buildable portion shall be w^wN mg heights which generally follow the topogra- some scattered commercal allowed for any Significant Natural Resource Site ,~N~'~ ~ qw 5, phy, nreseryanon of natural vegetation and land- planned to reduce congestio Ft ~ scaprog along the road. as specified rn the Commumty Development ~ ~<<-" I cial development on Pacific Code ~ NORTHWE'ST E that the immediate commere ~ LOWLAND . Northern Triang~r ~ ! j visitors be served by nearby - Trees located within a Significant Natural I j„_• High medium residential uses at a maximum of 24 Kmg city, south of the T uaL Resource area shall not be removed without a 1 units per acre are planned for'his triangular shaped neighborhood commercial c development permit for tree removal having first ~ SUMMIT i subarea of the Planning Area Largely undeveloped, 131 a and Seef Send Road been obtained, as provided for wuhm the ' ~ AND SLOPES l._ the subarea rs bordered on two of three sides b Commumty Development Code A pennrt shall 1 ~',a I y Scholls Ferry Road and S W 135th Avenue Low den- not, however, be required for tree removal from I I Residential development is l powerhne tights-of-way, public parks and la - I "'0 "'^~N srty development along S W Fem Street and S W lies of a maximum 15 unlls ~ p y ~ Walnut Street forms the southern boundary The high Fischer Road and 131st Ave grounds. ! I medium densities take advantage of good vansporta- ~ ~ ~ lion access in most directions and provide proximity to dentral densrtres at a maxim, 4. Significant historical and cultural resources shall ! _ ~ I _ rgnated for the inner section r not be altered, defaced, demolished or relocated 'I business dis.ncts m Beaverton and Tigard Tualatin Rrver and adjacent without first obtaining a development permit as ! a ~ development m King city ~ ' P° . A road connection shall be ccnswc.ed as a Major provided for m the Historic and Cultural I ~ Management Overlay Dis[nct contained m the ! Collector between Scholls Fey Road and S W 135th A small, approximately 2 ac g € Avenue in the general location shown on the ial sue is lanned at the cor Commumty Development Code ~ A • . ~ ,~s - Community Plan Map Speer"ic alignment will be c p - aE - and Beef Bend Road to sern 5 All new subdrvrsions, attached unu residential f ~ ' L-• determined at a later date This connection is to be part areas and develo merit nortt ~ ,t SO ~ HERN ~ I'~• ! of the extension of Mura B~wlevazd southeast to P development, and commercial development shall , ~ I ~ t •-•1. y Bu11 Mountain elopes . - r-. provide for pedestrian pathways which allow J ~ j ~ - Pacific Highway (99W) public access through, or along, the development ~___r•-•I ~ ! In recognmon of an existing and connect wuh adjacent develo merits and/or J _I ^ _ ~ I A Nerghborhood Commereral center is planned on the half acre adjacent to Pacific P C q;,,,° northwest comer of the intersection of S W 135th shopping areas, schools, public transi!, parks I I~-.~.~~5'EF Avenue and the recommended Murav Boulevard Road n dengnated Commur and recreation vtes I LOWLANDS J Ex T - designation is the result of u to tension , his commercial area shall be from ~-4 stances and shall not be uses 6 Norse reduction measures shall be incorporated ~ : ASR -r R% acres m size, the site size and shape will depend largely menial designations in the v into all new resrdenual developments located ~ j ' ~ on the alignment of the recommended Muray - adjacent to arterials, mafor collectors, and rock t. . Boulevard Extension Design Elements: quames Noise reduction altemahves include ~ ~ Low medium residential densmes at a maximum of 9 1 Medium densrty (R-]5, vegetative buffers, berms, walls, setbacks and units per acre are designated south of the recommend- m this subarea shall be structural design techniques, such asthe orienta- ed Murray Boulevard extenvon connection as a transt- edestnan access ro i i tion of windows away from the noise source uon from the area of mafor activity lust described to P p° and insulation the existing low density res~dennal area around S W Fischer Road and 131st Fern Street and S W Walnut Street hood commercial erte p N. l J t a r area mcludmg thtReen exrstrng land parcels ~laste~ Plavnrng-Ply ~n; c ~~we',c ~c~t ;,row- tween Scholls r"erry itoad and 135th Avenue stuns m the Couunun,!y ueve~op„ u~~ Code d Pnrmm~accian Hatt n~~~mmar rranY !c~ ~a~ Order t0 adequffielV t~C[~t ;ale ' yC"u: ~'OC~')~din z - - us_ Y ATTACHMENT 3 - a*''"n , ' ~ ' ~ ,a - . I Op0 e i t~ ``r YID ~ p WASHINGTON COUNTY ' t~~I l~1 ADMINISTRATION BUILDING - 150 N FIRST AVENUE / and A C ~ I ~ ~ ' ~ T~ n'' j ~ T 't' 1 ~.,q~f~ HILLSBORO, OREGON 97123 ° j .C. 6 Y. ,r I AEGV~ . r • ~ . WASH 1 N G T 0 N The mtormauon on this Community Plan Tablmd is a representation of official maps and = ~ /i"~,, 1 1'i" , C8D 1n4t BOARD OF COMMISSIONERS ROOM ate Planning Area WES MvLLENBECK, Chairman ~ • texts filed wrih the Records Dtwston of the Washmgton County Department of Assessment ~ o ; ~l~p , , ~ ' r '~~''S R5 Planning A n ~ ~ ~ i a+,. • R 24 and Taxation as part of County Ordinances 263 and , 65, adopted June .8, 1983 as revised APP o ~I,- „ ; P ys,l, BONNIE L HAYS Vice Chairman ApYll 1984 ~ ^ EVA M KILLPACK by Ordinance 36R, adopted m October,1990 The Plan has had minor revtstons to reflect the F ; o ~ , ~ "rte+, ~:~'1~, The Bull'.v1 The Still Mounuun Community Planning Area is local- JOHN E MEEK r ado won of other tan elements, all vast- udtcsal amendtWents and CR annexations throw h ~ C ; = - ' ~,w~ G.'tl d s P P 9 I Y B - w r, e m oaths „ Febru , 1993, and to u ate factual back round information The ma s have been coin- . 1 *",~s"~r~~'."' n~S. ~ ary pd g p , ~ , , , ten miles se ed m southeastern Washington County approximately LucILLE WARREN ten miles southwest Of Portland's Ceptral business dis- To- Washington County residents, businesses, and property owners ` d f o l I assn is a v ou scales which aze available forms chon at the ~ • iw':«p~~~~°J"~, p ed rom rag na m a tan s Pe S NEKTON ~ ~ ''v~,a,u°'~~;~;;~'~' tract Itmch ,st~,.,t4t tract It Includes the unincorporated area south of 5 \V. ' Records Drvtston office m the County Admtntstration }3uildsng For more mformanon con- M ~ J ~r--,,, I I ,c,~~1~v~~a,~y seining Ordinances 263, 265 and 368 please contact the Washmgton County Department of ` o N = q~y~.~~ ; Scho+ls Fen Scholls Ferry Road, west of the Tigard Urban Planning The Bull Mountain Community Plan is one element of the Washington County Comprehensive Plan. Land Use and Transportation,155 N Fast Avenue, Hillsboro, Oregon 97124, phone 648-8761 ~r0' ` o u~ ° ' ' ~ i Area, west COUNTY ~ ° e°'" •,S•9,.>..~,.,, Area, west and south or King Crt_v,north Of the It contains a set of design guidelines or directions intended as the framework for continued r ~ ~ ~ Tualatin Iv' o ~ r- Tualatin Rlver,and eas~ofthe regional Urban Growth development in the Bull Mountain area. Through this Community Plan and other elements of the ' Plan, such as the Community Development Code and the Transportation Plan, the County can ensure Boundary Thts area encompasses approximately 3 4 tha± growth is accommodated in areas with adequate public facilities while the desirable \ °o ~IS~ ~ `-jN R-6 Boundary I ~`,~`,'y- 3213 °o '~,mmn~utwuunt~ ~~C 5/r~1ware nule~ square miles and contains a 1980 population of an esti- quality of 11 fe in the County i s maintained, ` I `C`~, o 0 CPI ^p 7 `se, y, \°"R ~ mated 2,15', mated 2,158 residents The Bull Mountain Community Plan and other elements of the Comprehensive Plan have been under ^ 9 r' ;r ~ ~ ,'r 3 0 ; An earher F preparation for the past two and one-half years. Extensive citizen involvement and input has An earlier Plan of Development for the areals more helped shape the content and character of the Dull Mountain Community Plan. Formal public , I \I „y/" oo°ooooo0000 , ~O I "i,"/ o°o~~ ' than 20 yea hearings leading to their adoption were held before the Board of County Commissioners and Lhan 20 years old,havmgbeen adopted m 1961. That Planning Commission from mid-March through June 1983. As a result of these hearings the urban 5O I ~ y,°~a° /""r ~ i s n uunuiuunllul+t++++iiillll''a~ TIGARD plan design; ,W _ plan designated all of cite area for low density redden- portion of the Comprehensive Pl an was adopted Dy the Board on June 2B, 1983. - ~ ~ ~ ° ~ _ ~ ual uses art UII (HOU!1.d1t1 mental nex liar uses except for a small amount of highway corn- Subsequent to that adoption the Bull Mountain Community Plan was reviewed and acknowl edged to I I ~ ` - S, ~ Y , Acres Percentage t I { Q. River. ~n 19 mercialnextto Pacific '-hghway near the Tualaun be in compliance with statewide planning goals by the Oregon Land Conservation & Development Rlver.ln 1977, two dlflerentsets of mtenm develo - Commission on October 7, 1983. Additional public hearrngs leading to minor amendments to the p Bull Mountain Community Plan and other Comprehensive Plan elements were held before the Board I I ~ti• w Residantlal 5 26 6 1 6 ~ ment paltcn merit policies andland ,ise dedgnatiOnS were proposed of County Commissioners and the Planning Commission in November and December 1983, resulting in I I ~ Restdentlal 6 1246 4 72 9 r I , ~ ~ r;u~ r I . for mo\t a. for most Of the area bV t'.le COmmDnltV Planning adoption of those changes on December 27, 1983. ~ ' ' ~ vI Residentla69 2062 120 I EP d~ ~Atx "u►r ~ togi ly . . ~r~'aniLaC10 Organvation and Lhe Washing*.on COUnty Planning Questions concerning this Community Plan and other elements of the Comprehensive Plan should be Department, butneltherwasadopted.ThisBull directed to the Land Development Division of the County's Department of Land Use and ~ , I ~A+ `'v', W~ ~-1 ` ~ 4y~ titRd4~B(I~AIµ~"T',GAR"''..~~t;~~!~:4`,~~~;«"L~~."~~;'a/,u,'~,I~ig.~;,+ fle artrllCnt 0 t.-- t to y p ~~,~I 1 s*u~ t S* *~IF;t'1i1~'~rti~Y~ ~,~';+.~~'9`•,~'as+'a 1,~r,J;Y~;+i;,,r.~~^°,5 ~u~i,~`:1a"~~»r~ . , , ~1 Mountain C Transportation. Mountain Community Plan replaces and supersedes ~ ' ' u■s .,;k r .Pit E L. ~ ,~~Atu~., ~,r ~ +.~c+ ,Lt ,u`' t ~ ~"a.~i °`c tit tit „u rt ~ ~ t Rural Residential 5 1 5 1 those laps those plans and all other previous plans Sincerely, nuuu■uniiuni■u■uKnwuiuwwl■tuuw■ SCHOILS q■4~ tA'4~ G ~g -,I r ~~"1+;'~t'~,, thr~l~~y~~pr~;y~*s~~~~ir~yw ~"1"t<,~`:/k~'y>~~,. + tuii■~uw■uiauu■ ■n~ \11,. { n 'C a 1zw.v~`, y"y a , ~ ~ rhr ' 1► - y.r~,~w~..m'~..~a.dw.,ro~.t~'.+.,.:. 3.and ~Se ' ( II r S U#t i( t # tt1 ~i" ~ t~ w ~ Illl lfgl 11 ,i ` y~, ,p~ »r' ~ ~ 4q <I tl t " yy~ r x ~ " ~ ° . 4t a Mud r T1' «a ~ ~Nr~(';r~"~~. t r,';~1'~r"~II ki n ~ .r~iSi~; 3.and Use _ q Total t7t2 s The Bull til~ The Bull Mountain Community Planning Area Is large- Wes Myl l enbeck , Chairman T ' ' Washington County v ~ ,~:ka~4' t,;"~M1 ~ r_ I `1 - ri,'~''° I s ly undevel0 I ~ 'a oo M'h■iY~iru7•,'NW:z~, ,~WrY S,.•u -s. ' ly undeveloped at this Lme Some large lot reddential Board of Commissioners , subdrviaons are scattered along G`le crest of the mown- 6 ' t' ~ ,ke~ o ~ SlIbd1VlSIOW' o 1=, . o Q a;'~s; q, ,}<<s.."„~.`` I ~ o ai tam off Sul', ~ I o0 tam off Bull Mountain toad; a few more exist along ~ . 5 ~ ' 0 r ' c { 2 L o ~ I $ ,.V' 150th - t l - a S ,.V • 150th Avenue ane at the . - ~w~ •wr " Mar i , °°o ~ ~r',n»s. aroundF'em ,.Cr. r, ,.l. I,,}.~.w~, Jrk`fP~,'r'77, Ax o ~ ~ wu s.i'~°+ aroundl-'eriStreet.:vlo,,llehomesandmulu-f,Lrtlily Bennis Nrvs, Vice-(''iai~-man Eva Kill~acY John Tarek Lucille Warren ~ x;~~, ny.l~;m .i I~ 0 tar. o ,,~fy~":;twr,~~~ W h S ;.,~.,~':rt.4 'a„^+~ y"„«*o . o ;~s del rag a~ *r~,"~`^~"~''~`*"/: I;:P~t,'~..x,~+ ,~+q~H:~~"'`~;~'- ~ ~ 1- (,1 p\ I -c ~ o T commercial dwellings are located south of Fischer Road The only _ . _ _ _ _ _ . _ _ _ _ sr' commercial activity in ae Planning Area is located `,~~"'~II1~'h" `;~~axt~ b ,,a„,~~ ~ "t;,,+;t;~;~~w ~ = 8 v0` alongp Pacifi along Pacific Hlghwav .outheast of King City There is YiM, fb~:../Ij ' 1 ir~~ I ~ _ \ I I ■ 7 1 1 1 b - S d ~.~4ui~ y"' v "'»`,wi. ;~w1' ~'kr, ~ x ~ µ~tu t u {w nn mdustna no mdustnal activity Most of the area -almost 90 per- 'y'A~YYy 71''CY~'°~N~fXy"'d 1,oM ywJ1~~// ~,iW~N✓4~`'r ",di1:~Ww ~ {1 Y x\\\\\\ M'W''yI'`7 1\4 ~ ° i d 5ot1 ldod ?~o f2Ct cent of that - ..I iY cttt tdt3lt o `-mot cent of the buildable lard -consists of farms, forests, A potential new road connection between .'vlurray Improvement Districts to finance extensions of maJor ~ xC xtpol ~ vecantland ~ Pond ■ t~tlttY~ A G xxpl t14"4 ° ♦ o ~ e 290 500 meters vacant land and rural homes Blvd and Pacific Highway has been identified, as has lines. Pumping will be necessary on the western por- m /i/ t tilt ~C ~ \`\\x\\ o o\\\~\ ° uk A Total of 1, " rr - ~5\\ tit d \`~\s o x\x\to h~ ] `u 1 .12DOD A total of 1,290 acres of land are vacant and buildable, a bypass west of the Bull Mountain Planning Area con- lion of the mountain ■ q _ tit ~ . ~ " t ° -r t e , undeve r` - asst ,^c m l / d o s v~-~ I e ,undeveloped, excluding powerline easements, and necting S W 1 RSth north of Aloha to Six Corners m ~ + ;Il gnlFt ; "r//rpsuNtt o 1 inch equals 1000 feet I not m flood 1 Irflsluil _ ; -i c ; ° ``~4`x ~x~r 0 not m floodplun or steep slope Sherwood, and ending at Intestate 5 north of Water service for the Planning Area is available from Wilsonville The Murray Blvd to Pacific Highway ~ > I~ d ~ ~ TIC RD tttx"~ v ~"i" ~ a s % 1 ACRE ;+;'.,r Natural Fe um u l uu nnu w tun n a l ~ ~ ` " Natural Features connection has been under discusdon for a number of the Tigard \Vater Distract. The Distract has sufficient s g ~ ~ / t "b"~ ~ Land m the years Both routes are presently under study storage and distnbuuon capacity to meet year 2000 Land m the Area consists of Bull Mountun, a steep requirements for the entire area Lines can be readily ~n - r ~ ~ slo d, flat sloped, flat topped land: orm which uses over 700 feet Although no road within the Planning Area is now extended to areas within the Distract which currently a . ~ ~ from the Tu W ~ i i fmm the Tualatin Valle; floor, and the gently sloped congested, Pacific Highway north of Beef Bend Road do not have service Since water must be pumped to m g - ~tP~ a~~~ \x ~ -s>_ lowland to I lowland to the north ant' south of the mountun and Beef Bend road south of Scholls Ferry Road are the top of the mountain, emergency storage in the ~ - - ~ i t tP 1 ; :;G I _ Inut, -~f I -r-'-_--' Sedtmentar expected to be deficient, even after presently proposed event of a prolonged electric power outage is a con- Sedimentary formations and Columbia raver Basalt Regional Transportation Plan Improvements are corn- corn The primary long terms source of water will con- LAND USE D6STRICTS ~ - ~ ' , _ sou " ~ N1niN , _ ~ ~ =p ~ undedte the /f~ENERAL DESCRIPTION) ~ ~ . _ 1 ' underlie the Planning Area A fault line extends along pleted time to be the Clackamas River via the City of Lake 1 N _ ~l the Worthen the northern base of the mountain from the southwest Oswego with a backup supply from Portland's Bull T is is a nerahzed descn non of the Land Use Oistncts ~ R ~ I l«"" ~ h ge p s_ uu a N I - _ "i Il to the north A complete descnpnon of each Distract and the uses permltied - - - - - t ~ aT ~ r-n on the Worst to the northeast Slopes exceed 20% over large areas Congestion Is expected to increase on State Highway Run system on the north and south sides of the Bull Mountain. 217 (northeast of Bu11 Mountain) and In neighborhoods wdhin each D{stnct is contained wthin the Washington County : " I mans C de For d i Ion Ito rm i n 1 ~ ~ k Community Deve op o a d t a M at o, , • in Tigard Just east of the Planning Area, as traffic please refer to the Code = ~ I + The upland T2,e upland soils on Bull Mountain are predominantly attempts to access interstate 5, Highway 217 and the Storm drunage m the Planning Area is currently han- - ` ~ I of the Casc ° 4 valley terra ot the Cascade-Kinton t~ssociation Soils of the lower employment and commercial centers of Tigard, died by natural stream channels. Some drainage prob- valley terraces include ! everal types, mainly Quatama, Beaverton and Washington SgLare lems have beer noted ~lunng t'ie rvny season, partlcu- RESIDENTIAL 5 UNITS PER ACRE R ~ w l permits lower density (pnmanly d<'ached) _ - I J n , I t~t ~ t Aloha,lVa Aloha, \Voodbum and Hillsboro The surface layers in laxly on the south face of the mountain along Beef , residenbal development on lots w+Ih e - ~ p ! b(dh areas F q ~ bclth areas are only mocerately permeable. Underlying Transit sernce is provided along a radial route from Bend Road \Vmter flooding also creates drainage ` minimum lot size of 7,000 square feel - i ~ ~ _ ~ ~~~,,,,_-off e su ace the surface soils in muc'i of the area is a very firm and downtown Portland on Highway 99W, as well as from problems along the Tualaun River and Summer Creek. _ + + ~t - Lei ~ ~ r ~ bnttlelaye~ ■n + s n ia~s~~ ~s ~ L0" teed by sloe RESIDENTIAL 6 UNITS PER ACRE brittle layer of soil called fragipan which is character- \Vashmgton Square, with connections north to Urbanization will pose additional drainage manage- ized by slow permeabiLty Septic tanks can fail m Beaverton's transit center Tn-Met bus line #44 merit problems m certain areas if care is not taken to i-~ ~ ~ ~ permits lower density (detached and rb; ~ 1 ~F theserypes t « these types of soil (Sherwood) operates along Pacific Highway and design developments to incorporate local topography attached) residential development on lots wnhaminimumlots¢eo15,000squareteet, m■i,■u■n■u■u■nni■"' PJ}~I NING AREA BOUNDARY ~ A'~ h ~ through adJacent King City Ltne #45 (Greenburg) and soils m the treatment of runoff The location and ~ Pg The mount ~ d,, 1 T!le mountain has a nurlber of steep, narrow canyons operates northeast of the Planning Area along 121st dzmg of drainage' management facilities will need to containing small, most] ~ seasonal streams \Vaterways Avenue and Gaarde Street h Is estimated that today's be based upon balm-wide studies and plans RESIDENTIAL 9 UNITS PER ACRE CITY LIMIT _ d~, ~ contatmng I ' 1 on the nortl on the north dde of the mountain are trlbutanes to 2600 transit traps represent only two percent of the total permits (detached and anached) ras{dential UN DARY ~ ~ ~m I a"~ ~t 1«~`~~'?~` I m n wl h its{ { s 9 un{ts URBAN GROUV>•H BO ~ as Summer G .,.,4 y F dove op e t t de t o up to Summer Creek, while t`lose on the south dde flow to daily person traps that are occumng These are heavily The Tualaun Rural Fire Protection Distnet serves most ' per acre CITY ANNEXATION SINCE PLAN ADOPTION theTualatil the Tualaun River. Winter flooding occurs along these oriented to the maJor employment centers in downtown of the Area This Distract has stations on Pacific , waterways 1 waterways Drainage problems are reported mast often Portland and north Portland Public transportation in Highway south of King city and in downtown Tigard. on the south side during the rainy season. Three ponds the future will include expanded bus service to the The northwest portion of the Planning Area Is within RESIDENTIAL 15 UNITS PER ACRE o ' ' ` on the soul . ~f permits (detached and attached) residential o F w are also lac are also located on the mountain Planning Area. Washington County Fire Distract #1, which has a sta- ' ~~y development with densities up to 15 amts ~ mA ° v„ per acre o yVttfvn the tion at the comer of 175th Avenue (Reusser Rd) and \Vitlun the Planning Ar'~'a, there are more than a dozen No bicycle or pedestrian pathways exist within the Wier Road The fire insurance rating is Class 3 for the wooded azeas of at least 5 acres m size. Large portions Planning Area However, the 1983 Transportation Plan areas currently serviced, i e ,with fire hydrants, by the TRANSPORTATION CLASSIFICATION ~ wooded are RESIDENTIAL 24 UNITS PER ACRE a ~ ~ ° , ~ ~ _ , _ ~ of the Woni R SE ~ ~ e _ _'C o~ ihnurtii„_s„+de of the ,nountatn contain continuous____ _proposeti several Still 'vlguntain RoadLSchotls_FerTy_ _ the ~igar~ Water distnct,_buLiS_C:.lilss $~'O>rth~„remam~____-~~ permits higher density (onmardy s ,ached) FJ(ISTING PPO D _ _ s »s ~ ~ tin ~k" r>" fcrev! Son residential develo mans wdh densoies u to REGIONAL AtTfERiAI h ~"inv o - ~ a'?`"~;;,..'1'11~~'1; , P n t 4 ~ . , ~ fc'rest Some large old grnwih trees are found there. Road, Beef Bend Road, the north slope of Bull der of the Area _ - 24 amts pef Sere Mapr tran{cwey carrying tMOUgh Travel of ' ~ je'' " "~;y~',~ s o ~~t • ,..i 1~ "~'~,rP~ "~+~,M~,1"•,~;FO~; ThCSe w00 NONE regionelaigmfkence Generelly4-9lanes, NONE - wQ.rk",~~'~d,¢;;~~.; ;~j^'~`~' ~ „~~,i:,';g~++t:,~,,; ~ ~t~~~~~ ,,,t+,,,,.;,,.,a' ~ t iN g ; ~ waterways These wooded areas, es;>ecially npanan zones along Mountain in the vlclnlry of 132nd Avenue, and Pacific waterways, are imports :t wildlife habitats The Highway. The $ull Mountain area is served by Tigard School access control desued and under Slate _ ~°I,' , y 1'~.'9~''s"' . ~ ~ ~t{y' '':i°'< `'~s s ' ,a~ ~1 '+r~+ uet~ a~,~ ~,':a~'~- 5 Tualatin Ri Tualaun River is an imtortant wildlife habitat too, as Dlstraci 23J and Beaverton School Dlstnct #48, but no RURAL RESIDENTIAL - 5 (RR-5) rt,~ ~~5.,;y~t.«~1 i , +~~~y11~ SIB ~~~a~ -'r *,kt , .u',;«.h:~ ~ • >,a.,~` i MAJOR ARTERIAL ~~'k yoga ' ~ ~ ' ' ~ well as a re ~n ~'q try utm±srstr" Recogn¢es rural areas which have assn ~ "s:~, to , r7; , ~Y~ ~`""s~'a ~"~~'~~'t' _ well as a resource fora '~odertte mm~+tn+ ~f rshi~i~ Services schools are locatctl tvlrhln the Pl~nning Area committed or deveb for SUbllrtu'n raSl- County or {ewer State lacihty carrying inapt ' t11tt 1 ~ ~ ~'vp<,ta;ts.s'+'Vd h i`{~~ *'~(y i and Other n RR~S ~ ~ I n NDN r ` 't~.~rt;,,'~~t=d?°~~' ~:n~. '1! and other recreation Sewer Service to the Bull Mountain area Is ~rovided There are no public parks or recreation facihues within d, subreganalmovemenLq Typicaly4•Sla es E ~ ~ , m; ~1, ~'x, n ~ w enl,al uses w{th mirnmum farm one rarest rw. s,~"'s- +'^A ,'y~`i~*`4;e.'ti'~ F ~ N wtth limned number of access yoinla ► 41 ~m ; ,1} a t, a 5~ ~ ~ a , 4'; uses Prohibltsmobdehomes A5(tve) P,'-;~~s~',~^;~'fi~~`<~'~~t~4~1;y°~ BC11uGCl'Y a .~jr~ Groundwa! Groundwater found m t~~e underlying Columbia River by the Unified Sewerage Agency (USA) The areas the Planning Area The City of Tigard to the east and acre mlmmum lot s¢e is normal) re wred MINOR ARTERIAL i.~~■I ~"n I ;'")r,"'{'~'m`Aa'' `t~; u~" d~ P` I _ 77 Y q a~ + <; ~~rr=°~r„°.r~ i ~ -r,~C~- Basalt was for creation of riew parcels, aRhough diw• County tacdiry serving mrougn tranic es welt es ~ ' Basalt was withdrawn ar an excessive rate during the south of Beef Bend Road, on the eastern edge of the the Tualatin Hills Park and Recreation Distract to the land access General{ 3.5 ianea, similar to NONE ~kr~+~'~ ir`i~ r, p .1 ] 9 sions of land down to one acre are showed v a~. t T~lsrlta, , y 60's, sae m limited areas, thro h rocedures s i• collector but designed for higher speeds ~ i~+ A ~;trs., SQ F p ~ '1 oyr n^~k,. ,,Ji!~'~ ~ ,+4 as 8•ID ,ee' 1960's, causing a decline m Lhe water table of as much Planning Area along Bull Mountain Road and on the north do have parks and recreation facilities that are hedmtheCommunityDevetopmentCode MAJOR COLLECTOR I ~~'~"`~~;`<4'~~t`~'"•; ;v, ~ a'~'.,~'u~"'~','~~ ; T as R-10 feet per year SG`te dedgnation of the area as a north in the vicinity of 135th Avenue and Scholls Ferry accessible to Bull Mountain residents Park deficient "critical groundwater ar?a' m 1974 brought a moraton- Road have or shortly will have access to USA sewers areas (over 1/2 mile radius from existing parks) are _ facility w+th mcreas»tg number of Local acceae ,,,,,,,,,,,,,,,,,,,,,,,o,,.~ ~ rxgl f I~ ~~~'~~~~""~~r° ~ wr~'+,~'~,~~I ~~r .C9 "CrltlCal grf functions, thus lower operating speeds and , ~ l L ~ ~ Ct:''~~"+l+p~,i~~ P~~ ~'T um On WCN um on new wells and limitations on pumping from Sewer service to the rest of the area depends on devel- shown on the Significant Natural Resources Map COMMUNITY BUSINESS DISTRICT t r n r ar wrnlene °eT~"" ~ ~ ~ ~ " 1,'r~v,'i,~ r'I" creating a need o ce to (d) i , ermits a mix of retail ofl{ce serums end ' ~ ~ °Rw~'".'~'ir~4,`~li r ~ municipal t municipal wells opment interest and the formation of Local bus{ness uses of a size Intended to serve COLLECTOR , ' ' ~ , ?g;~;y~ q'~Kf m GI Desi nation 000000000000 ~ l I -~~g-~tu a.': the larger community v 9 ,s , I`:~, al Trans rt Transpor*a~~ion i l . eaerxaw ~~s; m 5 l~ ~.!«~t~'~, p0 MINOR COLLECTOR ~V; t I ~~~1'~'`'r` ~ Vii" \ `~f( , ,,~'~1'~~ u ~ ConnectslocelrosdstoarteneVmaorcollector r I ~ eta + ;'~,r M1 Pj.,,r ~~""y"'°' F`Jr'"~^~ rl:- ~,l y dr` ~ oat of the INSTITUTIONAL tk ~ .vs'~'+''htti~~r~ ,`'A~i';t;~;;~,r~~t,>'' ,a • • . • . • . system while providing access to aburong o o a o 0 0 0 1 1, ~ ~ , I- ~ ~i,h. ~ r i~ , y ~ r~r,„~~;~,,,~ ~1 ~ Most of the travel associated with this Planning Area is II l; ermlts a ran a of matitutional uses such < " I' . « r ~'«~d ~aw~ ' ~ onented to P 9 uses first level at which perking Is typically u i N4+:rr~,~,~Y,-a}.e^+odrip~ a~,~ ~s,~r~>t,,,'; ~ w as schools, parks, churches, hospitals and BIIOWed and IONbat IeVBI Tor tranalt leMCe t1 t'ig, m,,a ~ a.~~ ~ 1."," 1Mih, ~'v" ~ ' $ f . oriented to the north and northeast P~^Dj' ! II- rb~K ycw N~l'~', ~;ttA; ,,tip, nvgdl"v'i7~~d v~' A" bibr~'~~ ~":++5`i~~~;~"b ~Ms" waterreservars E~ L 1,.'•., t ,~+.lr;x`n "4~-~ + -1 ~ + , ~„r .„•,,r, " s.1, <y , (I >r Pacific Flig LOCAL STREETSICUL DE SAC s "s+~~~ r , I - Pacific Highway 99W is the only Principal Arterial m ,~,II l,~r.,,,1n~~ ;&L.Yn;~~l;r~.~'<y~;'1°=p, ~~y , r"y ■ the Plamm~ Prwlde asst access to ebunin uses ~ r l'. a k,~y4.' Sy"j~' . <gy~i'~hardFw+k~^I ?~,rvr~'v~ro-~~'P+~ ,1{L Typically allow perxmg one or both sides NONE ~ , >,2 .t~ w,^, ik„ i tit the Planning Area. Scholls Ferry Road Is classified as a 'ICJ °r-' a~ OVERLAY DISTRICTS " I`a^ i'~l 1n"'' " ~ flnl~tntlinth~in ttgrtzt~xt then,, , ,~,ia` ~i ~ ,d 'Iv,~r.. s y ~ 7 Bend Road I AREA OF SPECIAL CONCERN 1 „r,. ' Primary Arterial MaJor Collectors include S.W Beef ; ~FP~ ~`"-I' i'~ Bend Road, Bull Mount,un Road, 135th Avenue north , `~l ~ 'vr'd, ° zo''`7 y, ~,{,"~"^;l. 'w9d`~ b A`r'.,~r~.t:"~~ "AI elL A.S C 1 areas designated an the Community Plan Engmeenng swdies are to be conduced io identify appropnate alignments for r ,y- ~ 1 ~F r;,, uv,,; ~ y, .k;~S,"1 i,, 1 , ~ r j, ~ a~3• ` a ~ , ~ ,~i~,~tI%,~ha f of Bull Mo of Bull IViountain, S \V. Fischer Road, and S \V 131st RrynvERTON ^i~, ~ I~ fl-{ Wh+Ch have SpaCIfIC daS{gn BAmeWtS connecting routes m condor study areas Rater to the Trenaponehon Plao for t ees ~ ' '}'I"'" " r%''; i~'°1'Y'" I i riudy area boundanes 1 ~ w ~,~~,i,C, ~ '~~1;d~+4~~'a';:~s't~,°,kk~+u`~'~:'~%«''~~''~ ~u~'' ' w Avenue within the p an text address rag arse o; d-~' w'~' rr +,1 611/- . ~ ~*in hI. Avenue ~ ~ v I i I+ Y _ , Pr . ,,VV Li. more ialtbncemsaboutlheareu ~t o' ~ "el,a'°~t~." -~,,i°~r~"',, ~ CommeraeUlndushial Streets have vansble widths depending upon abutting uses I I ` c-~ 33.v Typically collector design lealurea but wnh local acceaa trefl~c ti^°' 'h ~ ' annnuunu~ MINERALIAGGREGATEDISTRICT~3 I ~ n ~ nx;,'9a;~>"~;Ir;' '~~*"'y+ a■uwl,.o* a, °1v. ,MOUM~AINL , _ u. , r8r"<~Y~U~ eus~+r ~ ~ ,y ~ I ` ,`I •cy polya~ Il . ~o/" ~ l i,:r D,~-t~"~,5,~ nwRn NORTH General ebgnment only w shown for proposed lactldies i • < hwJ'+ , `e°s`' nanrnea s aESr c OIST B = Existing or potential mmerallaggregale ^fi;i"7;,1"' ~ ~ ~ ~ • ~ ~Y• II Mountain im ct area XIIIIIIIIIIIIIIIF D~ t t ■ n I 1_ t M1hi~t~;~t'„~ta'~'~~`\ ~ { f _ ~ s y~, s'~~ I I • } WC~ I~~ Sf ELF n I I J Pq~l". it t I _ I .~o'//~ fait I I 1 1~ \1~~~ i ~ d9 ~___I ,~~io,`'' i., I V ! ' J `~"',`I e 1 2eoro ' ~ t I L-~ Iy-1 ~ 1 inch equals 1000 feet - A 'L a dt i W s ,c.,, ~ <t'~ 1 , scH0.is ~ ~I' r _ ,tl~ ~~6~'~: J1~4 rl ~ f i L~ I-y~t .I ~ /ACRE ti' , ~RpµS i,a ',1~Ai,'. kl, - c p ~1'I I V ~F~~r~u***.~.ll'~I j"',`~I r` Il~'~Mr~~:~ii: ~lrr~~`o.'~n'~~jr,YaO.~;°~~~yv- a~''^ 1 i 1Uy"~ 21 ~D-- 1 I r I i ~ r. ~ '~-,LLr~I kas..~ ' W hJ Y~`ifs..ai^c.;fi~ pl§~u.n: "p!.y ~I L ~ I ' }m +;x3~C; ~ ^~'a 1~1• nd~ 4 aeh~r , r~ i$ .jw'n"~ ' *,p'' I I 1 1 l.~ l'S - cell + rte k,~~ ~~°`'~t v%~t 4° ~+~A'~~#xy;~:~" a*~'1'{~[~ 4'`~RFsa;~ II r ~r' , "`Ki `r'+ :~K'N,6FF~~11 Ui<,o~;r .+~Keril'.r"t;r+^ i ~5M1 ~ ttiz'~'?" "bl:f ~'~~,:`;26~ ` ,mXa': ~'a 3', °'a~,i(p - wa di ~ e : ~~`..y rENt{r°s~ Wv,ii, a 'd' n~, _ q ~t V ~~±xt';~`'r.+rl4i+f,,ylFt,yyl,''if,.'TY.' y,y ~ .:T,_igt w^Ct.`i-, - ;9: 4'"r S ba't' ~'r ,'P.". 1'ICINITY MAP 'I I ~ (n =t: ~bnxe~ o., '+..t f" k.";'cr' a 1111! ~ (\~~J 3i ,s}`i+~",f::. '~"'~'~i^r= r,,...{~; ~I~~Lr". ,ry~,.~;n r~k. R,k~S~~..I ~1. {I I/ ~1 '~,.~~'„'I `"4". ~`"^""~;r; 1, I t~i:,d';'i '~~.'~re'i~f'r"i~~' ~'frr yr ~1~.` t-': M,4~•7. ~*s 1~7 .4s': ~ ~1~' j ~ ~ IBi a~'~, . , '~"1''`Y' p ~r'p" `~~rt. ~ 'y~ i~ 'Xr _ 1 1si. n 'f ^~sn :I .irw4!lr~ 9 ~;'S 4v .arr ^ry•",y~„ ` ~ ~I `fir j.M I TIGARD ~ iJ i ~ ~l' I a x ` ~ - q5 4 t l~,p r,. ~,~ti.~~~ A~f1~ ..,r P ; ~ '~",'°~`.~f' v ~.a', y IY q'~ t I The county-wide development concept prescnbes the ties or constraints In such cases, the Community Plat pontons of the planning area not wtthln this setvlce 'Usv€ed Capital improvement Flan creation of a senes of distinct, balanced, relatively self- Text includes specific language which identifies and area are generally regarded aspark-deficient On tht\ .wti ' rFi~f~~ ~ ~ - 'rrh r~ o sufficient and diverse communities throw hour the addresses the design opporntnmes or constraints Significant Natural Resources .V,ap, a "P" has been Following Lhe adoption Of the Washmgton County - - _ - . w~,,. ` - ~ ~ - ~ Comprehensne Fhm,'he County will embark on a sec ~r _ ~"I,n1~ ~J"'T'~''AT~P~ ~j~ AT / f~x'~"~'~' ~ u an po ion o as `ngton Cotiniy'Tf ic-ft Lis concept Usually land ss designated as an Area of Special placed m the beneral locale where a netghlwrhood park ....r7 ..h~cn of nla~mnn wh+rh wt11 Inrh1(1P tI1P nTP.t)aTa- Ir ro{_.Iry• t 1~~ ^--1---1 IM r ilwr- ~ •J ~f.~ %'Ai1V1r 1N.Z 1V 31 V F-4 .Lt-XiV ~~~1~'9 ~'i1~ which is the beginning point for organizing land uses at Concern when parcelization and/or vaned ownership could serve the deficient area The letter indicators are " " 'l<' • Y -i r y . ,1=' ; ' ~ I i i ' _ _I.t$ I_ I lu•n, w^ ~ . ' ~ tW! 'r~ x ' rF r,1 s i I r II r y-r l rT~i 1 I i t '-T~' I ~ 15' - I I I I ; r-- t +4M, \'r the community level requires that the area be considered as one unit during not site-specific, but do reflect the number of neighbor- tion of a Unified Capital Improvement Plan The i development In some cases, the Community Plan hood park facilities needed to serve the deficient area Unified Capital Improvement Plan will be coordinated TT~ 4 The Bull Mountain Community Plan is one of a num- The following are elements o g y The County's urban growth management policies of the Washington Count requires an Area of Special Concern to develop on a service area basis with all urban service providers and will be the mecha- ber of planning elements which in total compn,e the Comprehensive Plan require urban development to be accompanied by ade- through a mandatory Master Planning-Planned nism which the County will rely upon to direct future Washington County Comprehensive Plan T., r facilities and services in fc anent quate urban services. The growth management policies Development process, which provides a more flexible Community Development .ode urban investments in public r „~,,...~.....4., w~ 'viu w~:1us>~waitti~;-' ` • 1"•i I`i,~ ~4 _q'~"'~~v~~ ate- I I I ~ h Comprehensive Framework Plan define both urban development and necessary urban approach to addressing the potential design o rtuni- the urban portion of the County of this section is to provide the reader of the Bull g pPo The chief function of the Code is to assist in the Nlounain Community Plan with a basic underrtandmg services Public sewer, public water and a balanced lies and/or constraints implementation of the various community plans and r- of its relationship to the various other ComPretlensive County Resource Document urban-level transportation system are the primary Plan elements urban services considered The Master Planning-Planned Development require- the Comprehensive Framework Plan. The Code is Community Plans ment is intended to provide the open space, density intended to achieve certain streamlining objectives in snare/, the Bull Mountain Community Plan is an Community Plan transfers and design flexibility necessary to achieve necessary to ensure ease of operation, certainty, flexi- g Y Community Plan Background Documents area and site specific application of Court the dual objectives of preserving significant natural bdity when conditions warrant and responsiveness to ry Comprehensive Planning policy and a description of Community Development Code The unincorporated portion of the County within the features or achieving the design objectives of the public concern ~K ,Y~ h~ , '14 °+'r'ym'~• Y"°" tr~` ' r ~G, rs ~~~Y metropolitan area regional Urban Growth Boundary design elements and encouraging development of a The Code contains specific procedures and develop- r I 1~ 1 '1 ~ BtEF ~..y~ir-R-9 f~ v' `~1-HT , a 1L ~ 1110 n„moW.~•:11tr h ~ rr r+~F+h.LiV T;~ i~~t' 11I~ Plannicommunity development activities envisioned for the and outside of city planning areas is divided into a variety of housing types at the density pertrutted 4y the number of Community Planning Areas. The Bull ment standards necessary to assist in the implementa- _5711-R r `P :.,wnlm 1 l~ Lr W1~,!~r-III Ili I I~ rr',rtr Community Plan is guided primarily by other Plan ele district. As provided in the Development Code, condi- lion of the community tans The Code addresses Subsequent to the adoption of these plan elements, the Mountain Community Planning Area is one such plan Lions of approval shall not unduly mum necessary the cost of p 1 1''~ /`~/~~I =~nm ~.y1'::'~i ..I• Vi hjrt~ l KING Crr SO merits such as the Community Development Code, the county will begin work on the Unified Capital rang area. needed housing Y ecessarv to issues such as allowed uses, density, dimensional 1, q p" A i VATU1 to RE Jl~' h11 ~9 d 9 beyond the min Transportation Plan and the Unified Capital Improvement Plan requirements, public facility requirements, land dive- SIGI~Ea I V Improvement Plan The policies and plan designations of the Comprehen- meet the provisions of this Plan Densities shall not be lion requirements, changes in use and aesthetic con- rL- II Comprehensive Framework Plan sive Framework Plan are applied in a site-specific restricted to less than that authorized by the develop- cems. T he Code also sets forth processes and proce- This is a generalized description or the significant OPEN SPp Planning Context manner to the Community Planning Area. The result of ment standards dures for review of specific development proposals, resources Additional information concerning each OPEN SPACE Existing Parks, recreation sites, golf Irk l The Comprehensive Framework Plan is a policy docu- this application is a Community Plan, composed of a identified resource is available rom the Washington w k courses, cemeteries, school play- y~~" ' The preparation of the Bull Mountain Community Plan The prescriptions of the Community Plan are augment- including public notice requirements. County Department or Land Use and Transportation, ment Its function is to articulate the county's policy Hillsboro, Oregon grounds, powerllne righIS-01 way, and future park sites owned by the Tualatin I• represents a continuation of the County's longstanding Community Plan Map and Community Plan Text ed and implemented by the Community Development regarding the broad range of comprehensive planning p r Transportation Plan WATER AREAS AND WETLANDS involvement in comprehensive planning In fact, the and community development matters Additionally, the The Community Plan Map portrays a land use designa- Code, the Transportation Plan and the Unified Capital too year flood plan, drainage hazard PARK DE! Hills Park and Recreation District r n 'rT~ ~p Bull Mountain Community Plan represents an update Im rovement Plan The Bull Mountain Community Plan includes func- areas and ponds, except those already ri4'~t PARK DEFICIENT AREA t+ 4Y~•~' Area more than 112 mile from a park site Comprehensive Framework Plan contains strategies tion for each parcel of land in the planning area. P developed 'he and rigorous ti examination nprevious plans e that which are intended to guide the implementation of An inventory and discussion of natural resources is tional roadway classifications from the countywide WILDLIFE HABITAT or a public school playground q°I±Itrr rri~-~ 933 / periodic u aim is ecess to ensure that The Community Plan Text provides a written descn - ~ ~ gofptans ~ each policy directive ry P Transportation Plan The Transportation Plan is a cum- Com, r Sensitive habitats identified by the SCENIC R of the Resource Document The Oregon SCENIC RESOURCES SCENIC VIEWS Viewpoints providing the venous plans respond to the current and anticipated _ tion of the Community Plan Map in order to specify contained in of Chapter I o, prehenslve analysis and identification of transportation the udubon Society Department iety of u Fish Urban and WdWildlifedtife, 4 circumstances of the County and the Planning Area In A major function of the Comprehensive Framework the intent of the mapped designations Additionally, the determination o. significance, as specified in the needs associated with the implementation of the Bevel- Habitat Map, and forested areas coin- 4 a vista of the T ialaun Valley, the tq'r.d,~;"~w;"~',' Cascade Mountains, or other scenic addition to responding to local concerns, these plans Plan policies is to provide specific direction and Para- Community Plan Text includes Community Design Oregon Administrative Rules and Statewide Planning opment pattern described in the community plans ctdental with water areas and wetlands features respond to the planning concerns and requirements of meters for the preparation of community plans, func- Elements, which are written prescriptions for particular Goal 5, is explained in the Resource Document, and WATER AREAS AND WETLANDS SCENIC FEATURES Land forms, vegetation or v star courses with the region and the state tional plans and implementing mechanisms, areas or sites which shall be adhered to as the plan is shown graphically as part of this Community Plan Prepared from both the county-wide and community S FiSH AND WILDLIFE HABITAT Weser areas and wetlands that are also aesthetic value to the surrounding area implemented For certain areas specified by the planning area perspectives, the Transportation Plan E al fish and wildlife habitat The County subscribes to the fundamental planning Two central provisions of the Comprehensive Community Plan the concept of Area of Special The Significant Nature] Resources Map shows the addresses roadway, transit, pedestrian and bicycle SCENIC ROUI ES Roads identified as excellent scenic roads and those sec- principle of creating plan elements through a public Framework Plan have particular importance in guiding location of the significant Goal S resources in the SIGNIFICANT NATusaL AREAS Concern 15 applied transportation 1SSUeS and fOCBSeS On specific and SYS• sites of special importance, in then tions or good scenic roads which offer a vista of the Tualatin Valley or the 'xi1 ~ natural condition, for their ecologic. planning process which provides ample opportunity for the preparation of community plans and implementing planning area Lem requirements. Each major sweet is clan- The designation of Area of Special Concern where provided a ~ , scientific, and educational vane Cascade Mountains citizen participation. Such a public planning process the community plans respectively These provisions to one or a combination of several parcels of An identification of neighborhood park-deficient areas sifcation indicative of its existing or planned function, utilizes factual information and consideration of alter- are a county-wide development concept and the urban applied P land, denotes the presence of certain design opportune- has been made based on a 1!2 mile service area radius right-of-way, alignment and structural dimensional native courses of action which take into account social, growth management policies from existing park or school playground sites Those standards economic, energy and environmental concerns -4..