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Hearings Officer Packet - 12/11/2000• • CITY OF TIGARD HEARINGS OFFICER DECEMBER 11, 2000 - 7:00 PM AGENDA I . CALL TO ORDER 2. PUBLIC HEARING 2.1 GRANT STREET ELITE CARE FACILITY CONDITIONAL USE PERMIT (CUP) 2000-00003 SENSITIVE LANDS REVIEW (SLR) 2000-00011 CITY OF TIGARD Community (Development Shaping A Better Community PROPOSAL: The applicant has requested Conditional Use approval to construct two (2), 15-bedroom elderly care homes with common parking and courtyards. The applicant has proposed to stay, for the most part, out of the 100-year floodplain and wetlands. The applicant will construct a storm pipe within the 100-year floodplain which requires a Type I Sensitive Lands Review. LOCATION: 12353 SW Grant Street; WCTM 2S102BA, Tax Lot 02000. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-4.5; Single-Family Residential (1,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.105, 18.145, 18.155, 18.165, 18.115, 18.190, 18.195, 18.191 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 2 12/11/2000 PUBLIC HEARING AGENDA 0 0 CITY OF TIGARD HEARING'S .OFFICER DECEMBER 1 1, 2000 - 7:00 PM TOWN HALL TIGARD CITY HALL, 1312S SW HALL BOULEVARD TIGARD, OR 97223 Anyone wishing to speak on an agenda item must sign-in on the appropriate sign-in sheets. PUBLIC NOTICE: 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) 639-4111, Ext. 320 (voice) or (503) 684-2112 (TDD - Telecommunications Devices for the Deal). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. 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. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE I OF 2 12/11/2000 PUBLIC HEARING AGENDA Depending on the numbed people wishing to testify, the Turd Hearing's Officer may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Hearing's Officer may further limit time if necessary. Written comments are always appreciated by the Hearing's Officer to supplement oral testimony. AGENDA ITEM NO.: 2.1 DATE: DECEMBER 11, 2000 FILE NAME: GRANT STREET ELITE CARE FACILITY CASE NO.: CONDITIONAL USE PERMIT (CUP) 2000.00003 SENSITIVE LANDS REVIEW (SLR) 2000.00011 APPLICANT/ Bill Reed ARCHITECT: Craig Monaghan OWNER: WCR Co. 13588 SW Marcia Drive PO Box 12564 Tigard, OR 97223 Portland, OR 97212 REQUEST: The applicant has requested Conditional Use approval to construct two (2), 15-bedroom elderly care homes with common parking and courtyards. The applicant has proposed to stay, for the most part, out of the 100-year floodplain and wetlands. The applicant will construct a storm pipe within the 100-year floodplain which requires a Type I Sensitive Lands Review. LOCATION: 12353 SW Grant Street; WCTM 2S102BA, Tax Lot 02000. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-4.5; Single- Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, 18.797 and 18.810. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS FOR THE AGENDA ITEM INDICATED DIRECTLY ABOVE. AGENDA ITEM NO. 2.1 #(PGE 1 of I AE: DECEMBER 11, 2000 PLEASE PRINT YOUR NAME AND ADDRESS AND INCLUDE YOUR ZIP CODE Proponent - (Speaking in Favor) Opponent - (Speaking Against) Nam Address i Code and P N Name, Address, Zip Code and Phone No. D AfA j 9~ l Z~ fi ~ \.A L ~,1 yap NamggAd jress,aZip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Nam Addres Zip Code and Phone No. cok b -19/"J 3 w- Name, Address, Zip Code and Phone No. III to Lo51 µ s. 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BOX 370 PHONE (503) 684-0360 Notice TT 9 7 7 4 BEAVERTON, OREGON 97075 Legal Notice Advertising .City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tiga.r_ d, Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit Accounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )s8- 1, Kat y gnydpr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of th I J ga rd-Tua I atJ P 'Mmes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at rris in the aforesaid county and state; that the Public 11.1eari1),q/0TT1P2000-(1nnn'3 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper fore successive and consecutive in the following issues: 170vcmbc37 1G,2000 U Subscribed and sworn to bef a me this y nf__Nbxember, 2 0 0 0 OFFICIAL SEAL 1 ROBIN A. BURGESS for Oregon NOTARY PUBLIC-OREGON My Commission Expires: 0 COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT • • The following will be considered by the Tigard Hearings Officer on Monday, December 11, 2000, at 7 P.M., at the Tigard Civic Center - Town Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Both public, oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.390 of the Tigard Municipal Code, and rules and procedures of the Hearings Officer. Failure to raise an issue in person or by letter accompanied by statements or evidence sufficient to afford the decision maker and all parties an opportunity to respond to the issue 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. 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 and copies can be provided at a reasonable cost. A copy of the staff report will be available for inspection at no cost at least seven (7) days prior to the hearing and can also be provided at a reasonable cost. Further information may be obtained from Julia Hajduk, Associate Planner in the Planning Division at 13125 SW Hall Boulevard, Tigard, Oregon 97223, or by calling 503-639-4171. PUBLIC HEARING ITEM: CONDITIONAL USE PERMIT (CUP) 2000-00003/ SENSITIVE LANDS REVIEW (SLR) 2000-00011 > GRANT STREET ELITE CARE EXTENDED FAMILY RESIDENCE < The applicant has requested Conditional Use approval to construct two (2), 15-bedroom elderly care homes with common parking and courtyards. The applicant has proposed to stay, for the most part, out of the 100-year floodplain and wetlands. The applicant will construct a storm pipe within the 100-year floodplain which requires a Type I Sensitive Lands Review. LOCATION: 12353 SW Grant Street; WCTM 2S102BA, Tax Lot 02000. ZONE: R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, 18.797 and 18.810. TT9774 - Publish November 16, 2000. NOTICE TO MORTGAGEE, LIE DER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUI THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD PUBLIC NEARING NOTICE CITY OF TIGARD Community 0evefopment ShapingA Better Community NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY. DECEMBER 11. 2000 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO.: CONDITIONAL USE PERMIT (CUP)2000-00003 SENSITIVE LANDS REVIEW (SLR) 2000-00011 FILE TITLE: GRANT STREET ELITE CARE EXTENDED FAMILY RESIDENCE APPLICANT/ Bill Reed ARCHITECT: Craig Monaghan OWNER: WCR Co. 13588 SW Marcia Drive PO Box 12564 Tigard, OR 97223 Portland, OR 97212 REQUEST: The applicant has requested Conditional Use approval. to construct two (2), 15-bedroom elderly care homes with common parking and courtyards. The applicant has proposed to stay, for the most part, out of the 100-year floodplain and wetlands. The applicant will construct a storm pipe within the 100-year floodplain which requires a Type I Sensitive Lands Review. LOCATION: 12353 SW Grant Street; WCTM 2S102BA, Tax Lot 02000. ZONE: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, CRITERIA: 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, 18.797 and 18.810. 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 PROCEDURES ADOPTED BY THE TIGARD PLANNING COMMISSION AND/OR 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. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICr,i11`! ' ; DE'viGES r%jK THF.i ir;1F; N,-, ;.;:SS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESEWWRITTEN TESTIMONY ON THIS P OSED 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 IN SUPPORT TO THE APPLICATION LESS THAN SEVEN (7) DAYS PRIOR TO THE PUBLIC HEARING, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. 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 THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AN OPORTUNITY TO RESPOND TO THE ISSUE 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 (25~) 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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503) 639.4171, x407 TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. {UP2000-00003 SLR2000-00011 GRANT STREET ELITE CARE FXTFNDFD FAMILY RESIDENCE J\' -.,..nom C4® / \ VICINITY MAP • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by the WCR Company for a ) FINAL ORDER conditional use permit and sensitive lands review for ) CUP 2000-00003 two, 15-bedroom elderly care homes in the R-4.5 zone at ) SLR 2000-00011 12353 SW Grant Street in the City of Tigard, Oregon ) (Grant Street Elite Elderly Care) A. SUMMARY 1. The WCR Company, (the "applicant"), requests approval of a conditional use permit ("CUP") for a group living use in the R-4.5 zone and for sensitive lands review ("SLR") for development in the 100-year floodplain at 12353 SW Grant Street; also known as tax lot 02000, WCTM 2S 102BA (the "site"). a. The site currently is developed with a home and with a barn that was built without permits and is not used for agricultural purposes. The barn violates the Uniform Building Code and Community Development Code. The applicant proposes to preserve the barn for storage or future uses. The applicant will remove the existing home. b. The group living use is proposed to consist of two elderly care homes each of which will be three stories but not more than 30 feet high as measured based on the Community Development Code (the "CDC"). Each home will contain 15 studio bedrooms (with private bath and kitchenette) and common facilities for residents, such as a common kitchen and dining and living spaces. The 30 bedrooms will be occupied by 24 elderly residents and six live-in staff. The two homes are separated by a common courtyard and landscaping. The homes will share a common paved parking lot with 17 spaces and one point of access to SW Grant Street, a minor collector. The homes and proposed improvements comply with dimensional requirements of the R-4.5 zone. Preliminary site and landscape plans and building floor plans and elevations are in the record. The applicant proposes a landscaped berm abutting three sides of the proposed home site. c. Fanno Creek and an old channel of the creek are the north edge of the site. Delineated wetlands, wetland buffers and the 100-year floodplain cover most of the site, leaving only the south end unaffected. A length of storm drainage pipeline is proposed to cross the southeast corner of the 100-year floodplain on the site, but it will be outside wetlands and their buffers. The applicant proposes to dedicate title to or to grant an easement over the area adjoining the creek and old creek channel for a bicycle and pedestrian pathway that the City will build at some future date. 2. At the public hearing in this matter, City staff recommended conditional approval. The applicant accepted the recommended conditions (except one requiring the applicant to remove the barn) and responded to public testimony. Eight neighbors testified orally against the conditional use permit. Some of these and other witnesses also testified in writing. The hearings officer closed the record at the end of the public hearing and took the matter under advisement. The principal disputed issue in this case include the following: a. Whether the proposed use is permitted in the R-4.5 zone; impacts; b. Whether the site will meet the needs of the use and will accommodate its c. Whether Grant Street is adequate to serve the proposed use; and CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page I • • d. Whether the applicant should remove the barn and/or dumped debris. 3. In this final order, the hearings officer approves the CUP and SLR based on the findings and conclusions included and incorporated herein and subject to conditions recommended by City staff except as expressly provided otherwise in this final order. B. BASIC FACTS The hearings officer incorporates by reference the findings about the site and surroundings in the Staff Report dated December 4, 2000 (the Staff Report), except to the extent inconsistent with this final order. C. APPLICABLE APPROVAL STANDARDS The applicable approval standards are listed on the face of the Staff Report and in Section V of the Staff Report. The hearings officer finds those listed standards are the correct standards for this application. It was not alleged that other standards apply. D. HEARING AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on December 11, 2000. All exhibits and records of testimony are filed with the Tigard Department of Community Development. The hearings officer announced at the beginning of the hearing the rights of persons with an interest in the matter, including the right to request that the hearings officer continue the hearing or hold open the public record, the duty of those persons to testify and to raise all issues to preserve appeal rights, the manner in which the hearing will be conducted, and the applicable approval standards. The hearings officer disclaimed any ex parte contacts, bias or conflicts of interest. The following is a summary by the hearings officer of the testimony offered at the public hearing in this matter. 2. City planner Julia Hajduk summarized the Staff Report. Planning manager Dick Bewersdorff defined "group living uses" and "transitional living uses" and distinguished each from the other, noting CDC 18.510 now prohibits use of the proposed buildings for transitional housing (e.g., homeless shelter) or for a drug treatment or post-release facility. 3. Bill Reed testified for the applicant. He accepted the Staff Report, including the recommended conditions of approval, although he later in the hearing asked the hearings officer to allow the barn to remain on the site for storage or other accessory purposes. Following public testimony, Mr. Reed agreed to a condition requiring a "good neighbor" fence or masonry wall around all or part of the site (as determined by the hearings officer). He disputed the project would reduce property values. He testified he would like to grant the City title to the property where the pathway is proposed (and perhaps more of the sensitive area on the site), rather than just granting an easement over that area. He disputed that the proposed buildings could be reconfigured into two stories. 4. Eight persons testified against the proposed use: Marta Logan, Bob Bogden, Brent Weidling, Ken Engh, Don and Evan Stroum, Mark Joseph Wagner and Elise Shearer.I Most of the witnesses expressed similar concerns, including the following: 1 Two other individuals signed the witness list but declined the opportunity to testify. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 2 • • a. The proposed use is not or should not be permitted in a single family residential zone, because it is a commercial use and, by its very nature, will reduce the value of surrounding properties. A related concern is that the buildings could be used for some. other occupants (e.g., drug treatment clients, felons after their release, etc.) even less compatible with the neighborhood than the proposed elderly residents of the site. b. The site is not suited for the proposed use, because its residents cannot be adequately supervised to prevent them from posing a threat to themselves or others off the site. The site needs to be securely fenced. c. The site is not suited for the proposed use, because of its sensitive natural features. Its development will not protect those features and could pollute them further. A related issue concerns debris allegedly placed along the south bank of the creek on the site by a prior owner. Witnesses argued the applicant should be required to remove the illegally placed debris and remediate the creek in that area. d. The site is not suited for the proposed use, because the height and location of proposed buildings makes them incompatible with existing development in the neighborhood, which does not have homes exceeding two stories. The bulk of the proposed buildings and their proximity to the property lines means their visual effects cannot be mitigated by the small berm and arborvitae shrubs the applicant proposed. The same number of bedrooms and common features could be configured in a two-story building. e. Grant Street cannot serve the proposed use safely, because that street already carries too much traffic despite speed bumps the City placed on its route. f. The applicant should be required to build the portion of the bicycle and pedestrian path that crosses the site to provide an alternative to motor vehicle travel. E. DISCUSSION 1. The hearings officer concurs in the analysis and conclusions offered by City staff; to wit, the application shows that the proposal does or can comply with the applicable standards and criteria for a CUP and SLR, and adoption of recommended conditions of approval as amended will ensure final plans are submitted and implemented as approved consistent with those criteria and standards and will prevent, reduce or mitigate potential adverse impacts of the development consistent with the requirements of the CDC. The hearings officer adopts the findings and conclusions in the December 4 Staff Report as his own except as otherwise expressly provided herein. 2. Although neighbors argued the use should not be permitted because it is a commercial venture, the hearings officer finds the use is permitted as a matter of law if the use complies with the applicable standards for a conditional use, based on CDC Table 18.510.1 and the use classification in CDC 18.130.020.A.2.2 A group of more than five unrelated individuals will reside in the proposed buildings. More than one person who also 2 CDC 18.130.020.A.2 characterizes "group living" uses as follows: Living facilities for groups of unrelated individuals which includes at least one person residing on the site who is responsible for supervising, managing, monitoring andlor providing care, training or treatment of residents. Larger group living facilities may also be characterized by shared facilities for eating, hygiene and(or recreation. Examples include nursing/ convalescent homes, residential carettreatment facilities; sororities/fraternities and convents/monasteries. Tenancy is longer than one month. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 3 • resides in the proposed buildings will supervise and monitor the facility and provide care for residents. There are shared amenities, which are typical of a larger facility. The profit- making motivation of the owner of the proposed use is not relevant under CDC 18.130.020.A.2. It is the use that is determinative, not the motive of the applicant. a. The State has recognized that elderly people often need to be housed in group settings, because of their physical, psychological and social condition.3 The City is under a statutory (as well as a moral) obligation to provide for such group housing in all residential zones in one form or another,4 and is prohibited from denying an application simply because of the age or physical capacities of the tenants of a group housing project such as the one proposed in this case.5 b. In general the City must base its land use decisions on "substantial evidence," which is evidence on which a reasonably prudent person would rely in the conduct of a serious matter. If, based on such evidence, a proposed use can be made to comply with applicable approval standards using conditions of approval, then the City must approve the use subject to those conditions, and it cannot deny the use.6 3 ORS 97.663 contains the following legislative policy: (1) It is the policy of this state that disabled persons and elderly persons are entitled to live as normally as possible within communities and should not be excluded from communities because their disability or age requires them to live in groups; (2) There is a growing need for residential homes and residential facilities to provide quality care and protection for disabled persons and elderly persons and to prevent inappropriate placement of such persons in state institutions and nursing homes; (3) It is often difficult to site and establish residential homes and residential facilities in the communities of this state; (4) To meet the growing need for residential homes and residential facilities, it is the policy of this state that residential homes and residential facilities shall be considered a residential use of property for zoning purposes; and (5) It is the policy of this state to integrate residential facilities into the communities of this state. The objective of integration cannot be accomplished if residential facilities are concentrated in any one area. 4 ORS 197.665 provides homes for the elderly such as proposed in this case shall be permitted in any single or multiple family zone or any commercial zone where single family housing is allowed. It also provides "[a] city or county shall not impose any zoning requirement on the establishment and maintenance of [a housing use such as in this case] that is more restrictive than a zoning requirement imposed on a single-family dwelling in the same zone." ORS 197.667 provides that that such housing shall be permitted outright where multifamily housing is permitted outright and shall be permitted as a conditional use where multifamily housing is permitted conditionally. 5 197.020 provides "[a]ge, gender or physical disability shall not be an adverse consideration in making a land use decision as defined in ORS 197.015 (10)." 6 ORS 197.522 provides as follows: A local government shall approve an application for a permit, authorization or other approval necessary for the subdivision or partitioning of, or construction on, any land that is consistent with the comprehensive plan and applicable land use regulations or shall impose reasonable conditions on the application to make the proposed activity consistent with the plan and applicable regulations. A local government may deny an application that is inconsistent with the comprehensive plan and applicable land use regulations and that cannot be made consistent through the imposition of reasonable conditions of approval. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 4 • • c. If an application is complete within 180 days after it was filed, the relevant approval standards for the application are the standards in effect when it was filed, and the decision cannot be based on any other consideration.? 3. Although neighbors expressed concern that the proposed buildings could be used for some other purpose in the future, such concerns are not relevant to the application in this case, because no other uses are proposed, and speculation about what uses might be proposed to occupy the site in the future is not substantial evidence. Moreover there is no reasonable basis for concluding the site will be used for an undesirable purpose, because such uses are not permitted in the R-4.5 zone.8 4. Property value and popular support (or opposition) are not relevant considerations, based on the plain meaning of the words in CDC 18.330.030 and 18.330.050.B.15, which contain the approval criteria for this CUP.9 Moreover no witness introduced substantial evidence that the proposed use may or will affect property value. 7 ORS 227.173(1) provides as follows: Approval or denial of a discretionary permit application shall be based on standards and criteria, which shall be set forth in the development ordinance and which shall relate approval or denial of a discretionary permit application to the development ordinance and to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the city as a whole. 8 Transitional housing is prohibited in the R-4.5 zone. "Transitional housing" includes: Public or non-profit living facilities with same characteristics as Group Living but with tenancy less than one month. Examples include homeless shelters, women's/children's shelters, drug/alcohol treatment facilities. Excludes private, profit-making short-term housing (see 18.130.020 C.1., Commercial Lodging); and detention and post-Mention facilities (see 18.130.020 E.3., Detention Facilities) [which are separately defined and are prohibited by Table 18.510.1 in the R-4.5 zone]. 9 CDC 18.330.030 provides as follows: The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; 3. All required public facilities have adequate capacity to serve the proposal; 4. The applicable requirements of the zoning district are met except as modified by this chapter; 5. The applicable requirements of 18.330.050; and 6. The supplementary requirements set forth in other chapters of this code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. CDC 18.330.050.B.15 contains the following additional standards for group living uses: 1. Minimum lot size shall be 5,000 square feet; 2. Minimum setbacks shall be those in the applicable zone; 3. Height limitation shall be that in the applicable zone; 4. Compliance with all state requirements shall be required; and 5. Off-street parking shall be in accordance with Chapter 18.765. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 5 • • 5. There are at least three reasons why the applicant should be required to install a more secure fence or wall around most of the proposed home site and parking area. a. It is possible that residents of the site will, due to a variety of medical conditions, be unable to protect themselves from the risks of daily life. For that reason the applicant proposes to provide supervision. The hearings officer finds such supervision generally is sufficient to prevent residents from posing a hazard to themselves or others. However it is foreseeable that residents, who will not be restrained or otherwise mobility- limited, will move around and off the site unescorted. Such movement may pose a hazard to themselves or others if residents become disoriented. On the site, such behavior is reasonably expected and does not pose a significant hazard to the area. However, off the site, such behavior may not be expected by residents of the area or people traversing the area, and uninvited interaction between residents of the home and other people may provoke controversy or harm. Therefore the facility should be enclosed to reduce the chances that residents will leave the site unescorted when they are not able to do so safely without such escort. b. The majority of the site is a sensitive area characterized by wetlands and the creek. Residents of the site, if not supervised, may damage the sensitive area or be subject to injury as a result of unanticipated interaction with the natural environment (e.g., they could stuck in the mud or fall into the creek). Therefore the facility should be enclosed to prevent residents from entering the sensitive area of the site unescorted to protect themselves and the sensitive area itself. c. The proposed homes will be situated relatively near the property line on three sides. The proximity of the homes to neighboring properties reduces the privacy and security of those properties. To mitigate for those impacts and to better protect the privacy and security of neighboring properties, the developed portion of the site should be enclosed. d. CDC 18.330.030.B.10 and 11 authorize the hearings officer to impose conditions regarding screening, buffering and fencing. However neither of those sections nor CDC 18.745 provide specifically for circumstances like those in this case (i.e., where a group housing use abuts single family homes). i. The hearings officer finds the circumstances in this case are most like where a commercial use adjoins a residential use. CDC 18.745.1 and 2 provide for a Type "D" buffer in that case. The hearings officer finds such a buffer us warranted on the west and south side of the proposed buildings. Where, as in this case, there is less than 15 feet for such a buffer, CDC 18.745.2 requires a minimum 6-foot high masonry wall, trees at least 10 feet but not more than 20 feet on center, and shrubs between the trees. Therefore, the applicant shall provide such a wall and vegetative buffer on the west side of the westerly building and the south side of both buildings and the intervening courtyard area. ii. East of the east side of the east building, there is a street. Because the street provides a buffer on its own, less is needed to protect neighbors' privacy and security. On that side of the building the hearings officer finds a minimum 6-foot high masonry wall or sight-obscuring wood fence shall be provided with trees placed at least 20 feet but not more than 30 feet on center, and shrubs between the trees. The height of the wall or fence should decrease or the fence or wall should end at a point far enough south of the entry drive so that it does not pose an obstacle to southbound sight distance at that driveway. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 6 • • iii. The applicant should be required to install a minimum 6-foot high fence along or near the west and north edges of the parking lot to prevent unimpeded access from the developed portion of the site to the floodplain and wetland areas to the north. One or more gates may be provided between the parking area and land to the north if shown on the final landscape plan to connect to an improved pedestrian system on the site. The fence on the north side of the parking area should terminate far enough west of Grant Street so it does not obstruct northbound sight distance at the entry drive. The fence on the west side of the parking lot should be sight-obscuring and should connect to the wall on the west side of the west building to form a continuous sight-obscured barrier on that side. The fence north of the parking area need not be sight-obscuring, because there are no neighbors to the north that warrant such protection. Landscaping is not required to the north of the parking lot, although it may be provided if shown on the final landscape plan. iv. The driveway entry and the sidewalk leading into the site from Grant Street should not be required to be gated. Although the absence of such gates means residents of the site could leave the site unsupervised, limiting the points of such access enhances the ease of monitoring and supervision and makes it less likely residents who are incapable of safely leaving the site on their own will do so undetected. However not everyone who resides on the site will be incapable of safely leaving the site unsupervised, and the site is not a concentration camp and should not appear to be one. The people who live here will be elderly, but they should not be treated as criminals or the like simply as a result of their age. This result balances the interests of the neighborhood in security and privacy with the interests of the residents of the site in freedom of access and control over their own lives. 6. Regarding the sensitive lands review, the only relevant development proposed involves a relatively short length of drain pipe over the southeast corner of the floodplain where it crosses the site. No wetlands or wetland buffers will be affected. Given the relatively small impact the proposed drainage line will cause, the natural topography which dictates the direction drainage must follow, the unsuitability on on-site soils for on-site storm water treatment and discharge, and the public storm sewer to which the proposed line connects, there is no practicable alternative to the line. The impacts of development in the floodplain will be temporary and mitigated by erosion control measures. No storm water will be discharged into the creek directly from the site. Storm water from the site will be discharged into the creek only after treatment to remove sediment and pollutants. Therefore the proposed development will not cause pollution of the creek nor adversely affect the wetlands or wetland buffers. No increase in flood elevation will result from the development. For these reasons and the reasons cited in the Staff Report, the proposed land form alteration for the drainage pipeline in the floodplain does or will comply with applicable standards. There is no other basis for concluding the proposed development will adversely affect sensitive features on the site. 7. There was substantial evidence that a prior owner of the property placed debris and fill in or along the creek on the site. However the applicant does not propose to alter that (or any) area of the creek and does not propose to affect that area in any way. If such debris was placed in the creek, it will disturb the creek to remove it. Given the lack of relationship between the parties and uses involved, the hearings officer finds there is no rational nexus pursuant to which the hearings officer could require the applicant to remedy the illegal fill. 8. The proposed buildings are taller than other buildings in the neighborhood. That makes them obtrusive and warrants the sort of measures recommended above to protect the privacy and security of abutting properties. But the hearings officer does not believe the proposed buildings are so at odds with buildings in the area that they cannot be CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 7 • accommodated without causing significant adverse effects. After all the buildings will be no higher than permitted in the zone. Other homes in the area might not be 30 feet high, but they could be; there is nothing the City can do to prevent them from being that tall. Therefore, consistent with relevant state statutes, the City cannot make the applicant in this case reduce the height of the buildings even if it is possible to do so while maintaining the density of the project. The issue for the City is not whether a different project would better comply with applicable standards, the issue is whether the proposed project does or can comply with those standards. The distance between the buildings and existing homes, in combination with the required walls and landscaping, reduces the significance of their greater height to the point that their impact is not significantly adverse to neighbors, however undesirable it may be to them to see such a relatively tall building in their midst. 9. The hearings officer finds that Grant Street can accommodate the small incremental increase in traffic as a result of the proposed development, based on the findings at page 19 of the Staff Report. The street is improved consistent with its classification as a minor collector street, except a sidewalk is needed abutting the site. Staff recommend the applicant install that sidewalk, and the applicant agreed to do so. The record does not sustain a finding that traffic on Grant Street is congested or that the street or affected intersections are unsafe. On the contrary the record shows the City is managing the street to maintain traffic safety, e.g., by improving it with pavement and curbs and installing traffic calming measures. Anecdotal testimony and incidental perceptions by lay people are not substantial evidence that the road is congested or unsafe. 10. The applicant cannot be required to build the pathway across the site, because it would not be proportionate to the impact of the development on the need for such a pathway. See the Staff Report for further details. 11. The applicant can be required to remove the barn, because the applicant proposes to use it for storage or other non-agricultural purposes. Unless used for an agricultural purpose, the building is illegal. Moreover use of the barn will bring people into the floodplain and wetland boundaries. Active use of the area in inconsistent with the sensitive lands regulations, because it will detract from the maintenance of the natural resource values of the wetland buffer. Therefore the applicant should provide for its timely removal or relocation outside the floodplain and wetland buffers unless permitted as a nonconforming structure. Conditions should be amended accordingly. 12. The hearings officer does not have authority to require the City to accept a dedication of land from the applicant. Therefore, although the applicant may want to dedicate more land to the City than the City wants, the hearings officer cannot require the City to accept such additional lands. However the conditions should be modified to allow the City to determine whether it wants fee title or an easement over the land for the pathway and whether it wants to accept dedication of additional lands. F. CONCLUSIONS Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the proposed conditional use permit and sensitive lands review comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 8 • • G. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 2000-00003/SLR 2000-00011 (Grant Street Elite Elderly Care), subject to the conditions of approval in Section H of the City of Tigard Staff Report, with the following changes: 1. Condition of approval 19 is hereby amended to read as follows: 19. The final landscape plan and supplementary information shall comply with the following: a. The applicant will install a minimum 6-foot high masonry wall along the property line west of the west building and along the south property line adjoining the buildings and common courtyard between them. Between the wall and the building or courtyard, the applicant shall plant evergreen trees not less than 10 feet nor more than 20 feet on center with shrubs between the trees. The trees and shrubs at maturity shall be intended to provide a relatively opaque barrier from upper story windows to the extent practicable. b. The applicant will install a minimum 6-foot high masonry wall or sight- obscuring fence along the property line (after dedication) east of the east building; provided the height of the wall/fence should decrease or the fence/wall should end at a point far enough south of the entry drive so that it does not obstruct southbound sight distance at that driveway. Between the wall/fence and the building, the applicant shall plant evergreen trees not less than 20 feet nor more than 30 feet on center with shrubs between the trees; provided the vegetation shall not obstruct southbound sight distance from the driveway. c. The applicant will install a minimum 6-foot high fence along or near the west and north edges of the parking lot. One or more gates through the fence may be provided to connect to an improved pedestrian system on the site. The fence on the north side of the parking area should terminate far enough west of Grant Street so it does not obstruct northbound sight distance at the entry drive. The fence on the west side of the parking lot should be sight-obscuring and should connect to the wall on the west side of the west building to form a continuous sight-obscured barrier on that side. The fence north of the parking area need not be sight- obscuring. 2. Condition of approval 21 is hereby amended to read as follows: 21. Dedicate an easement for the pedestrian/bicycle pathway, unless the City agrees to accept the applicant's offer of fee title to the pathway. The City may accept dedication of easements over or title to other lands in additional to the pathway. The width and route of the pathway shall be approved by the City of Tigard. 3. Condition of approval 24 is hereby amended to read as follows: CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 9 • • 24. With regard to the barn on the site, the applicant shall do one of the following: a. Remove the barn from the site; b. Show that the barn is a legal nonconforming structure and provide for its use consistent with that classification; c. Relocate the barn so it is outside of the 100-year floodplain and wetland buffers, pursuant to a demolition permit if required by the City, and obtain necessary permits for its use for purposes other than agriculture. If use of the relocated barn for other purposes is authorized, the director may require landscaping, screening, fencing or other measures to prevent such use from adversely affecting other property. DA--%D 28th day(~mber, 2000. -4 11 T, I I Larry Epstein, - City of Tigar H Wis Officer CUP 2000-000031SLR 2000-00011 Hearings Officer Final Order (Grant Street Elite Elderly Care) Page 10 AGENDA ITEM NO. ,k / Agenda Item: 2.1 Hearing Date: December 11. 2000 Time: 7:00 PM I STAFF REPORT TO THE i HEARING'S OFFICER CITY OFTIGARD: Community (Deve,6pment FOR THE CITY OF TIGARD, OREGON Shaping A (Better Community 120 DAYS = 2/16/2001 SECTION I. APPLICATION SUMMARY FILE NAME: GRANT STREET ELITE CARE FACILITY CASE NOS.: Conditional Use Permit (CUP) CUP2000-00003 Sensitive Lands Review - Type I (SLR) SLR2000-00011 APPLICANT/ Bill Reed ARCHITECT: Craig Monaghan OWNER: WCR Co. 13588 SW Marcia Drive PO Box 12564 Tigard, OR 97223 Portland, OR 97212 PROPOSAL: The applicant has requested Conditional Use approval to construct two (2), 15-bedroom elderly care homes with common parking and courtyards. The applicant has proposed to stay, for the most part, out of the 100-year floodplain and wetlands. The. applicant will construct a storm pipe within the 100-year floodplain which requires a Type I Sensitive Lands Review. LOCATION: 12353 SW Grant Street; WCTM 2S102BA, Tax Lot. 02000. COMPREHENSIVE PLAN and ZONING DESIGNATION: R-4.5; Single-Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.330, 18.360, 18.390, 18.510, 18.705, 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, 18.797 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Hearings Officer find that the proposed Conditional Use Permit will not adversely affect the health, safety and welfare of the City and meets the Approval'' Standards for a Conditional Use. Therefore, Staff recommends APPROVAL, subject to the. following recommended Conditions of Approval: w GRANT STREET ELITE CARE FACILITY PAGE 1 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE SITE PERMITS: Submit to t ffe-~Engineering Department (Brian Rager, 631:4M, ext. 3TMor review and approval: Prior to issuance of a site permit, a Street Opening Permit will be required for this project to cover the sidewalk, driveway, and streetlight work in SW Grant Street, as well as the sanitary, storm and water connections to main lines. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 3. Prior to issuance of the site permit, the applicant shall pay an addressing fee in the amount of $30.00. 4. Additional right-of-way shall be dedicated to the Public along the frontage of SW Grant Street to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. 5. The applicant shall submit construction plans to the Engineering Department indicating that they will construct the following frontage improvements along SW Grant Street as a part of this project: A. 5-foot concrete sidewalk; B. street trees behind the sidewalk spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron. 6. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the site permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE BUILDING PERMITS: Submit to the Planning Division (Julia ask, 63a-4M, ext. 47por review and approval: 7. Submit a landscape plan that clearly shows the size and species of plants proposed and submit confirmation from a landscape professional that the type of plants proposed in the vision clearance area will not exceed 3 feet in height. 8. Submit a tree protection plan prepared by a certified arborist to confirm that the trees proposed to be saved are saved during and after the construction process. 9. Submit verification that no permits are required from the US Army Corps of Engineers. GRANT STREET ELITE CARE FACILITY PAGE 2 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 10. Submit a revised plan that shows wheel stops will be provided for all parking stalls abutting landscaping and walkways. 11. Submit a detail of the bicycle rack. 12. Submit a revised plan that shows directional signs will be provided directing people to the bicycle parking spaces. 13. Submit a revised plan that shows a total of six (6) bicycle parking spaces will be provided in accordance with the locational criteria specified in the Tigard Development Code (TDC). 14. Submit a revised plan that clearly shows the parking in compliance with the dimensions of Figure 18.765.1 of the Tigard Development, ode. 15. Unless otherwise approved by the Building Division, the plan must be revised to show the 8-foot-wide handicap access aisle will be located on the passenger side of the ADA accessible parking space. 16. Submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their needs. 17. Submit details (size, location, etc. of the refuse container and storage location for Staff to confirm that the standards of Sec ion 18.755.050 have been met. If the location is to be outside of the proposed building, the enclosure must be screened in accordance with the landscaping standards of Section 18.745.050.E.4. 18. Submit a detailed landscape plan prepared by a landscape professional that identifies the size and location of proposed shrubs and that confirms that the landscaping will effectively screen the parking lot with a balance of low lying and vertical shrubbery. 19. Provide the elevation of the 2nd and 3rd story windows on the south and west portion of the building and the height of the berm, and proposed trees and shrubs at maturity. The trees proposed should be a dense variety and evergreen to insure year-round screening. If after providing additional details on the screening that will be provided, it is determined that additional trees or screening is needed to insure visual screenin is met, the landscape plan will need to be modified accordingly. It is recognized thaNhe additional screening may not screen 100% of the nel hborin view, however, additional screening will help mitigate the impact of the 29d andrd story windows looking directly into neighboring back yards by screening or filtering the views. 20. Submit a lighting plan that shows not only the location of lighting but that shows lighting will be directed away from residential properties and the right-of-way. The . lighting plan must be approved by both the Planning Division and Police Department. 21. Dedicate an easement for the pedestrian/bicycle path proposed. The location shall be in accordance with the location designed by the City of Tigard. 22. Submit revised elevation plans that show an accurate scale so staff can confirm that the height of the buildings will not be more than 30 feet. 23. Submit figures for staff to confirm what the landscaped and impervious surface percentages are. 24. The existing barn structure located in the 100-year floodplain was built without permits and must be removed and the area brought back to a natural state. Alternatively, if the applicant can supply evidence that the barn was in fact legally constructed, it may remain, but will be considered pre-existing non-conforming. GRANT STREET ELITE CARE FACILITY PAGE 3 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to t >f a ngineering Department (Brian Lager, 63-9-4M, ext. 3118por review and approval: 25. Prior to a final building inspection, the applicant shall complete any work in the public right-of-way (or public easement) and obtain approval from the Engineering Department. 26. The applicant shall either place the existing overhead utility lines along SW Grant Street underground as a part of this project, or they shall ay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be 13,970.00 and it shall be paid prior to final building inspection. 27. To ensure compliance with Unified Sewerage Agency design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. 28. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management for the proposed on-site storm water treatment facility. Submit to the Planning Division (Julia Hajduk, 639-4171, ext. 407) for review and approval: 29. Install improvements as per the approved plans. Any modifications to the site plan must be approved in writing by the project Planner prior to the modification being approved. If modifications are not approved, the developer will be responsible for correcting necessary changes and/or fines could be assessed for violation of the conditions of approval. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM" THE 'EFFECTIVE DATE OF THE 'HEARINGS OFFICERS DECISION.. SECTION III. BACKGROUND INFORMATION Site Historv: Staff conducted a computer search for case history on the subject parcel and found no previous land use cases for this property. Staff received information from the Housing Code Inspector that the existing barn building shown on the plans as remaining was built illegally without permits. Due to its location in the 100-year floodplain, it would not have been permitted to be constructed if permits were requested. A copy of this letter from the Housing Code Inspector is attached to the back of this report. Staff recommends that a condition be attached requiring the structure to be removed and the area brought back to a natural state. Vicinity Information: ` The site is bordered on the north by property zoned Industrial Park, to the east by property zones R-12 and to the west and south, by property zoned R-4.5. The property to the north is floodplain and wetlands. GRANT STREET ELITE CARE FACILITY PAGE 4 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 9 Site Information and Proposal Description: The Grant Street Elite Care Extended Family Residence (GSECEFR) lies in City of Tigard, R-4.5 Zone. It is 84,070 sq. ft. (1.93 acres) in size, traversed by Fanno Creek and its floodplain and wetland. A portion of the property to the south is above the 100-year flood lain and beyond the wetland setback boundary. All proposed work is contained in this southp portion of the site. No work is proposed within the 100-year floodplain, top of bank setback boundary, or the wetland setback boundary with the exception of a temporary alteration to install a storm pipe in the 100-year floodplain. Slopes in the south portion are gradual, less than 5%. All trees will remain except one (1). The existing house and garage will be removed (from south portion of site). The applicant proposes two (2), fifteen-bedroom elderly care homes with common parking and courtyards. Each bedroom suite contains a kitchenette that is intended for snack preparation and incidental use. Kitchen, living, dining, and activity areas are shared by all residents. As 24 of the 30 residents are elder) tenants under the care of the 6 live-in staff members, the parking needs are minimal and 17 is more than adequate (at 1 per 2.5 beds, only 12 are required). Concerns Raised by Neiahbors: Staff received a letter signed by many neighbors in the area raising concerns about whether the conditional use would be permitted to change to another group living type facility in the future. There were also questions about whether this was a commercial use, which would require a zone change since the zone is R-4.5. Staff has addressed the additional issues raised in writing and verbally throughout this decision. In summary, the concerns summarized are: The use is a residential use (group living) which is a conditional use in the R-4.5 zone and, therefore, no zone change is needed. the use were to change from an assisted living facility t-o some other group living use in the future such as adolescent treatment home or halfway house, it would have to be evaluated to determine if this is a major or minor modification of a conditional use based on the criteria identified in the Code. If it were determined to be a major modification, it would require a new Conditional Use Permit and hearing. SECTION IV. DECISION MAKING PROCEDURES. PERMITS AND USE Use Classification: Section 18.130.020 Lists the Use Categories. The applicant is proposing to build an assisted living facility for elderly persons. This use is classified as Group Living which is listed as a Conditional Use in the R-4.5 zone. Summarv Land Use Permits and Decision Makina Procedures: Chapters 18.310 and 18.390 The roposed use (Group Living facility) requires a. Conditional Use permit which is a Type III-H8 decision. Type III-HO procedures apply to quasi-judicial permits and actions that predominantly contain discretionary approval criteria. Type III-HO actions are decided by the Hearings Officer with appeals to or review by the City Council. The applicant has also requested a Type I Sensitive Lands Review to allow the construction of a storm pipe within the 100-year floodplain. The storm pipe construction will involve alteration of less than 50 cubic yards of material. 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 report are as follows: GRANT STREET ELITE CARE FACILITY PAGE 5 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER A. Specific Conditional Use Criteria "General Approval Criteria) Additional Conditions of Approval) B. Applicable Development Code Standards 18.705 Access, Egress & Circulation) 18.745 Landscaping and Screening) 18.755 Mixed Solid-Waste and Recyclable Storage) 18.765 Off-Street Parking and Loading Requirements) 18.775 Sensitive Lands) 18.790 Tree Removal) 18.795 Visual Clearance) C. Street Utilitv and Improvement Standards Streets Sanitary Sewers Storm Drain Bikeways and Pedestrian Pathways Utilities Additional City and/or Agency concerns regarding street and utility improvements D Impact Study SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. SPECIFIC CONDITIONAL USE APPROVAL CRITERIA Section 18.330.010.A states that the purpose of this chapter is to provide standards and procedures under which a conditional use may be permitted, enlarged or altered if the site is appropriate and if other appropriate conditions of approval can be met. There are certain uses which due to the nature of the impacts on surrounding land uses and public facilities require a case-by-case review and analysis. Section 18.330.020.A states that a request for approval for a new conditional use shall be processed as a Type III-HO procedure, as regulated by Chapter 18.3 requirements in Chapter 18.330. The applicable review criteria in this case include the following chapters of the Community Development Code: 18.330, Conditional Use; 18.390 Decision Making Procedures; 18.510, Residential Zoning Districts, 18.705, Access, Egress and Circulation; 18.745, Landscaping and Screening; 18.765, Off-Street Parking, 18.775, Sensitive Lands; 18.790, Tree Removal; 18.795, Visual Clearance Areas; 18.797, Water Resources Overlay District and 18.810, Street and Utility Improvement Standards. The development standards and requirements of these chapters are addressed below. The proposal contains no elements related to the provisions of the following chapters: 18.600, Community Plan Area Standards; 18.710, Accessory Residential Units; 18.715, Density Computations; 18.720, Design Compatibility Standards; 18.725, Environmental Performance Standards; 18.730, Exceptions to Development Standard; 18.740, Historic Overlay; 18.742, Home Occupations; 18.750, Manufactured/Mobile Home Regulations; 18.760;, Nonconforming Situations; 18.780, Temporary Uses; and 18.798, Wireless Communications Facilities. These chapters are, therefore, found to be inapplicable as approval standards. General Approval Criteria for a Conditional Use: Section 18.330.030: The site size and dimensions provide adequate area for the needs of the proposed use; The existing site size is 84,070 square feet, however, the portion of the site that is actually developable due to the floodplain and wetlands on the site is approximately 31,000 square feet. This report evaluates the proposal and necessary setbacks, landscaping, etc. and as conditioned, the site size is adequate for the needs of the proposed expansion. GRANT STREET ELITE CARE FACILITY PAGE 6 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features; The site is relatively flat. There are trees on the site, but the development has been situated in such a way as to preserve as man existing trees as possible. The development has been designed to stay completely out ofythe floodplain and wetlands, with the exception of a temporary alteration of less than 50 cubic yards in order to construct a storm connection. All required public facilities have adequate capacity to serve the proposal; and All public facilities including streets, storm and sanitary sewers, and water have adequate capacity to serve the site as discussed in detail elsewhere in this report. The applicable requirements of the zoning district are met except as modified by this chapter. The following table provides the dimensional standards in the R-4.5' zone, the additional dimensional requirements and approval standards for Group Living Facilities specified in the Conditional Use Standards Section 18.330.050.B.15 and the dimensions proposed for this development. STANDARD Minimum Lot Size Minimum Lot Width Minimum Setbacks Front yard Side facing street on corner & through lots Side yard Rear yard Side of rear yard abutting more restrictive zoning district Distance between property line and garage entrance Maximum Height Maximum Site Coverage [2] Minimum Landscape Requirement R4.5 CONDITIONAL USE PROPOSED REQUIREMENT 7,5000 sq. ft. 5,000 sq. ft Approx. 31,000 sq. ft in the developable portion 50 ft. I Not mentioned 1192' approx. Same as R-4.5 20 ft. 20 ft. 15 ft. N/A 5 ft 12', south side, 107', north side 15 ft 15 ft N/A N/A 20 ft. N/A 130 ft. I Same as R-4.5 I See discussion below N/A I Not mentioned I See discussion below N/A ( Not mentioned See discussion below As identified in the table above, there are several areas in which the applicant has not provided adequate information for staff to confirm that that standards are met. The narrative indicates that the dimensional standards are met, but there are no details for staff to confirm that this is true. The neighborhood meeting notes indicates that the applicant informed the neighbors that the building height will be 30 feet, however, because the scale on the elevation plans are not accurate, staff can not confirm this. A condition is needed for the applicant to submit revised elevation plans that show an accurate scale so staff can confirm that the height of the buildings will not be more than 30 feet. The applicant has also provided no information on the percentage of landscaping and site coverage. Because of the large portion of the site not being developed, staff is comfortable that the percentages are met, however, the applicant should still be required to submit figures for staff to confirm what the landscaped and impervious surface percentages are. In addition to the dimensional standards, the Conditional Use standards for group living requires that all state requirements be adhered to. GRANT STREET ELITE CARE FACILITY PAGE 7 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • The supplementary requirements set forth in other chapter of this Code including but not limited to Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. Other applicable standards of the Development Code are discussed later in this report. The use will comply with the applicable policies of the Comprehensive Plan. The Comprehensive Plan is implemented by the Community Development Code. Compliance with Comprehensive Plan policies are, therefore, assured by satisfaction of the applicable development standards of the development code as addressed within this report. FINDING: Based on the analysis above, the General Approval Criteria for a Conditional Use are not satisfied. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit revised elevation plans that show an accurate scale so staff can confirm that the height of the buildings will not be more than 30 feet. Submit figures for staff to confirm what the landscaped and impervious surface percentages are. Additional Conditions of Anoroval for Conditional Use. Section 18.330.030.6 states that the Hearings Authority may impose conditions on the approval of a conditional use, which are found necessary to ensure the use is compatible with other uses in the vicinity, and that the impact of the proposed use on the surrounding uses and public facilities is minimized. These conditions may include, but are not limited to the following: Limiting the hours, days, place and/or manner of operation; Due to the nature of the use, it is not appropriate to limit the hours of operation. Requiring design features which minimize environmental impacts such as noise, vibration, air pollution, glare, odor and/or dust; Based on other similar uses, there will be no noise, vibration, air pollution, glare, odor and/or dust associated with this use above and beyond what is found in a typical residential use. Requiring additional setback areas, lot area, and/or lot depth or width; The plans provided show a 12-foot side yard setback on side and a 15-foot setback on the west side of the site. Both of these setbacks meet or exceed the required setbacks of the underlying zone. Due to the large amount of the site that is undevelopable, the proposed building locations provide the most privacy and distance from the adjacent residential uses. The floor plans show that there will be windows facing the side lot lines which staff feels should have some buffering to protect the privacy of neighboringg properties. The landscape plan does not provide enough detail for staff to confirm the hei ht of the berm, and the density of the proposed trees ani shrubs. will provide adequate screening of adjacent residential properties from the 2'u and 3 story windows. Staff recommends that the applicant be required to provide the elevation of the 2n and 3~d story windows and the height of proposed berm and the trees and shrubs at maturity. The trees proposed should be a dense variety and evergreen to insure year-round screening. If after providing additional details on the screening that will be provided, it is determined that additional trees or screening is needed to insure visual screening is met, the landscape plan will need to be modified accordingly. It is recognized that the additional screening measures mayy not screen 100% of the neighboring view, however, additional screening will help mitigate tf~e impact of the 2nd and 3~ story windows looking directly into neighboring back yards. GRANT STREET ELITE CARE FACILITY PAGE 8 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • Limiting the building height, size or lot coverage, and/or location on the site; Assuming the applicant complies with the condition to submit a revised elevation plan that shows the building height will be no more than 30 feet in height, the structures will comply with the height requirements. The lot coverage, while conditioned to provide details, is not a concern because of the large amount of land not being developed due to the floodplain and wetland issues. The location of the buildings is in accordance with the setbacks. Additional discussion is provided further regarding landscaping and screening from neighboring properties. Because of this, an additional condition is necessary. Designating the size, number, location and/or design of vehicle access points; Staff does not feel a condition is necessary for this criteria since access is discussed and conditioned as necessary further in this report. Requiring street right-of-way to be dedicated and street(s) to be improved; The applicant will be required to complete frontage improvements including sidewalk, street trees and street lights as discussed and conditioned further in this report under Street Utility and Improvement Standards. Requiring landscaping, screening, drainage and/or surfacing of parking and loading areas; The parking lot will be required to be landscaped and screened in accordance with the landscaping and screening standards as discussed, and conditioned if needed further in this report, therefore, no additional condition is needed. Limiting the number, size, location, height and/or lighting of signs; Signs have not been indicated in the proposal, however, compliance with the sign requirements for the underlying zone will be sufficient in the event that signs are desired. Limiting or setting standards for the location and/or intensity of outdoor lighting; The applicant has not provided a lighting plan, therefore, staff can not evaluate whether additional limits are necessary. A condition is needed that requires the applicant to submit a lighting plan that shows not only the location of lighting but that shows lighting will be directed away from residential properties and the right-of-way. The lighting plan must be approved by both the Planning Division and the Police Department. Requiring berms, screening or landscaping and the establishment of standards for their installation and maintenance; Buffering and screening is discussed further in this report, therefore, additional screening, above and beyond what is already required, is not necessary. Requiring and designating the size, height, location and/or materials for fences; The plans do not indicate a fence will be provided. There was concern raised by a neighbor that, if the facility were used by Alzheimer patients, there would be a risk of residents wandering off the site. They suggested that a fence be provided that encloses the outdoor areas to prevent patients from wandering off unsupervised. Staff contacted the applicant regarding this issue. He stated that while Alzheimer patients were not the targeted residents, people would not be turned away if they developed Alzheimer's while there. This facility is not an interim retirement facility, therefore, it is very likely that some of the residents will develop Alzheimer's. The applicant informed staff, however, that all residents will have electronic badges which provide employees constant knowledge of the residents whereabouts. Staff does not feel that fencing for the possibility of-Alzheimer patients is warranted. In any event, as~~a result of a condition imposed to address screening the adjacent properties from the 2 and 3 story windows, a fence or wall may be proposed or required. GRANT STREET ELITE CARE FACILITY PAGE 9 OF 24 CUP2000-00Q03/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER Requiring the protection and preservation of existing trees, soils, vegetation, watercourses, habitat areas and/or drainage areas; The development is adjacent to wetlands and 100-year flood Plain. The proposal has been designed so as to avoid these areas completely with the exception of a temporary disturbance to install a storm pipe. Given the fact that this is an elderly residential facility, additional measures are not needed to preserve trees as long as proper tree protection measures are in place to insure trees to be saved are not harmed during construction. A condition is recommended further in this report to this effect. Requiring the dedication of sufficient open land area for a greenway adjoining and within the floodplain when land form alterations and development are allowed within the 100-year floodplain; and The applicant has indicated that they are willing to grant an easement for a proposed bicycle path on the northern portion of the site as part of this approval. The City has an engineered plan for the alignment of the pedestrian and bicycle path from Woodard Park to Grant Street. A condition is needed, however, requiring the applicant to dedicate the easement. Requiring the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The applicant has not proposed to construct the pedestrian path. Based on the impact study provided at the end of this report, staff can not justify the construction of the path at this time. The dedication of the easement, however, is sufficient. FINDING: Based on the analysis above, staff finds the following conditions are warranted by this Conditional Use approval. All other possible conditions listed in the above section are not necessary or will be addressed elsewhere in this report. CONDITIONS: Provide the elevation of the 2nd and 3rd story windows on the south and west portion of the building and the height of the berm, and proposed trees and shrubs at maturity. The trees proposed should be a dense variety and evergreen to insure ear-round screening. If after providing dditional details on the screening that will be provided, it is determined that additional trees or screening is needed to insure visual screening is met, the landscape plan will need to be modified accordingly. It is recognized that the additional screening may not screen 1M% of the neighboring view, however, additional screening will help mitigate the impact of the 2nd and 3r story windows looking directly into neighboring back yards by screening or filtering the views. Submit a lighting plan that shows not only the location of lighting but that shows lighting will be directed away from residential properties and the right-of-way. The lighting plan must be approved by both the Planning Division and the Police Department. Dedicate an easement for the pedestrian/bicycle path proposed. The location shall be in accordance with the location designed by the City of Tigard. C. APPLICABLE DEVELOPMENT CODE STANDARDS Access. Earess and Circulation: Walkways: 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, GRANT STREET ELITE CARE FACILITY PAGE 10 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 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; There is a walkway shown on the plans that extends from the street to the courtyard area at the entrance of the two buildings. 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; and The proposed walkway does not cross an access driveway, therefore, this standard does not apply. 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. The plans indicate that the proposed walkway will be concrete. Minimum Access Requirements for Commercial and Industrial Use: Section 18.705.030.1 provides the minimum access requirements for commercial and industrial uses: Table 18.705.3 indicates that the required access width for developments with more than 0-99 parking spaces is a 30-foot-wide access points with 24 feet of pavement. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; additional requirements for truck traffic may be placed as conditions of site development review. Because the use does not have "dwelling units" the access standards for residential uses can not be appropriately, used for this type of development even though it is a residence. If the use were considered multi-family with 30 units, the access/egress width standard is the same as a commercial use type with less than 99 parking spaces. Therefore, regardless of what the use is classified as, the dimensional requirements for the access drive are 30 feet with 24 feet of pavement. The plans show the access drive will have a pavement width of 24 feet. Since there are only 19 parking spaces provided, this standard is met. FINDING: Based on the analysis above, staff finds that the access and egress standards are satisfied. Landscaoina and Screening - Chanter 18.745: Street trees: Section 18.745.040 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.745.040.C Section 18.745.040.C required that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The applicant's plans do not show street trees will be installed. As part of the frontage improvements that will be required, however, the applicant will be required to install street trees. The street tree installation will be reviewed by the Engineering Department and will be required to comply with the Landscaping and Screening standards during Engineering review. GRANT STREET ELITE CARE FACILITY PAGE 11 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER Land Use Buffering and Screening There is no buffering indicated between group living and residential uses because group living is not differentiated from residential. Landscaping and screening is required in accordance with other standards such as the Conditional Use criteria. Because no screening is listed as required and there are other standards that will insure privacy and landscaping between this use and adjacent uses, this standard does not apply. Screening - Special Provisions: Section 18.745.050.E requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on thhe landscape islands shall be three (3) feet wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The landscape plan does not provide enough detail for staff to confirm that proposed landscaping between the parking lot and street meets the balance of low lying and vertical shrubbery standard. A condition is needed for the applicant to submit a detailed landscape plan prepared by a landscape professional that identifies the size and location of proposed. shrubs and that confirms that the landscaping will effectively screen the parking lot with a balance of low lying and vertical shrubbery. The landscape plan does show a parking lot island and Norway Maple tree will be planted that provides at least one (1) tree for every 7 parking spaces. FINDING: Based on the analysis above, the landscaping and screening standards have not been fully met. If the applicant complies with the condition listed below, the standard will be fully met. CONDITION: Submit a detailed landscape plan prepared by a landscape professional that identifies the size and location of proposed shrubs and that confirms that the landscaping will effectively screen the parking lot with a balance of low lying and vertical shrubbery. Mixed Solid Waste and Recvclables Storaae (18.755): Chapter 18.755 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review anc Sign-Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Re ardless of which method chosen, the applicant will have to submit a written sign-off from the franchise hauler regarding the acility location and compatibility. The applicant's floor plans indicate a 12' x 48' trash and recycling enclosure will be located in the courtyard area between the two buildings. The applicant has not, however, provided any information for staff to confirm that one of the four compliance methods will be met. The applicant has also not provided written sign-off that the location of the proposed trash pick up will be accessible to their trucks. GRANT STREET ELITE CARE FACILITY PAGE 12 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • Location Standards. To encourage its use, the storage area for source-separated recyclable shall be co- located with the storage area for residual mixed solid waste; indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations; Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; Exterior storage areas can be located in a parking area if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to the provisions in 18.755.050 C design standards; The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. The trash enclosure is centrally located between the two buildings and is not within a front yard or adjacent to a public or private street. The storage area is proposed to be enclosed. n order to insure that the refuse container is in a location accessible to collectors, the applicant must submit written sign-off from the trash hauler that the proposed location is sufficient to meet their needs. Design Standards. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; Storage area(s) and containers shall. be clearly labeled to indicate the type of materials accepted. The applicant has not submitted detail of the trash enclosure or refuse container. The applicant must submit details addressing the design standards in order for Staff to determine that this standard has been met. FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and recyclables standards, this standard has not been met. If the applicant complies with the conditions listed below, the standards will be met. CONDITIONS: Submit verification from the franchise waste hauler indicating that the location of the proposed trash enclosure meets their needs. Submit details (size, location, etc.) of the refuse container and storage location for Staff to confirm that the standards of Section 18.755.050 have been met. If the location is to be outside of the proposed building, the enclosure must be screened in accordance with the landscaping standards of Section 18.745.050.E.4. Off-Street Parking and Loadina (18.765): Disabled-Accessible Parking: All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these regulations. GRANT STREET ELITE CARE FACILITY PAGE 13 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • The applicant has proposed 19 parking spaces, one (1) of which is ADA accessible. Only one ZA ADA accessible space is required when less than 25 parking spaces are provided The space must be van accessible with an 8-foot aisle in addition to the 9-foot-wide parking stall. Based on scaling the dimensions of the access aisle, the ADA accessible space is not van accessible and, therefore, this standard is not met. The applicant must be conditioned to submit a revised plan that provides a van accessible ADA space. Access Drives: With regard to access to public streets from off-street parking: access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; the number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers.on frontage not occupied by service drives; access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; access drives shall be improved with an asphalt or concrete surface; and excluding single-family and duplex residences, except as provided by Subsection 18.810.030.P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required. The access and egress has been discussed previously in this report and has been conditioned as necessary. Parking Lot Striping: Except for single-family and duplex residences, any area intended to be used to meet the off-street parking requirements as contained in this Chapter shall have all parking spaces clearly marked; and all interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. The plans indicate the parking spaces will be clearly marked. In addition, the access is proposed to be one-way and will be clearly marked as such on the pavement. Wheel Stops: Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. The narrative indicates wheel stops will be installed but the site plan does not show wheel stops. A condition is needed for the applicant to submit a revised site plan that shows wheel stops will be provided where the parking abuts landscaping or walkways. Space and Aisle Dimensions: Section 18.765.040.N states that: "except as modified for angled parking in Figures 18.765.1 and 18.765.2 the minimum dimensions for parking spaces are: 8.5 feet x 18.5 feet for a standard space and 7.5 feet x 16.5 feet for a compact space; aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width. The large copy of the site plan does not include parking space dimensions. The smaller copies of the site and landscape plan indicate that the standard spaces are 8.5 x 18 feet and the compact spaces are 7.5 x 16.5 feet. Upon scaling the large plans, however, Staff finds all the spaces are 9 x 18 feet. Either way, the standard dimensions and the scaled dimensions do not meet the required dimensions of 8.5 x 18.5 feet minimum. The aisle width is over 24 feet, therefore, Staff is comfortable that, if conditioned, the parking dimensions could be met. GRANT STREET ELITE CARE FACILITY PAGE 14 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 Bicycle Parking Location and Access: Section 18.765.050 states bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; and bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. The 8'/2" x 11" sized sheets titled Site Plan and Conceptual Landscape Plan show a covered bicycle rack will be provided in the courtyard area within 50 feet of the entrances to both buildings. The proposed bicycle parking spaces are not within a required walkway, parking lot or landscaping. It does not appear that the bicycle parking is visible from the street, therefore, directional signs are needed directing bicyclists to the bicycle parking spaces. Bicycle Parking Design Requirements: Section 18.76050.C. The following design requirements apply to the installation of bicycle racks: The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required; bicycle racks must be securely anchored o the ground, wall or other structure; bicycle parking spaces shall be at least 21/2 feet by six feet long, and, when covered, with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; each required bicycle parking space must be accessible without moving another bicycle; required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; and areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remain well drained. The applicant has not provided detail of the bicycle parking rack, therefore, Staff can not determine if this standard has been met. If the applicant submits a detail of the bicycle rack, Staff will be able to review it to insure that the design complies with the standards of the Code. Minimum Bicycle Parking Requirements: The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070.H. In no case shall there be less than two bicycle parking spaces. Table 18.768.2 states that for group living, one (1) bicycle parking space is required for every 5 beds. Because 30 beds are proposed, 6 bicycle parking spaces are needed. The applicants' plans indicate only 3 bicycle parking spaces will be provided. A condition is needed to submit a revised plan that shows at least 6 bicycle parking spaces will be provided. Minimum Off-Street Parking: Section 18.765.070.1-11 states that the minimum and maximum parking shall be as required in Table 18.765.2. Table 18.765.2 states that the minimum off-street parking for a group living facility is 1 space per room or 1 space per every 2.5 beds and there is no maximum. Given the nature of the proposed group living facility, the latter parking standard seems the more appropriate. There are 30 beds proposed, therefore, based on the required 1 space for every 2.5 beds, 12 parking spaces would be required. The applicant has proposed 19 parking spaces. If the use were to change to another group living type of facility, staff would have to evaluate whether the parking for that use would have to be 1 space per room. GRANT STREET ELITE CARE FACILITY PAGE 15 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER FINDING: Based on the analysis above, the off-street parking and loading standards have not been met. If the applicant complies with the conditions listed below, the standards will be fully met. CONDITIONS: Submit a revised plan that shows wheel stops will be provided for all parking stalls abutting landscaping and walkways. Submit a detail of the bicycle rack. Submit a revised plan that shows directional signs will be provided directing people to the bicycle parking spaces. Submit a revised plan that shows a total of six (6' bicycle parking spaces will be provided in accordance with the locationa critena specified in the Tigard Development Code (TDC). Submit a revised plan that clearly shows the parking in compliance with the dimensions of Figure 18.765.1. of the Tigard Development Code. Unless otherwise approved by the Building Division the pplan must be revised to show the 8-foot-wide handicap access aisle will be located on the passenger side of the ADA accessible parking space. Sensitive Lands Review Administrative sensitive lands permits in the 100-year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: The Director shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; The applicant has proposed a temporary alteration of 40 cubic yards of material in order to construct a storm pipe within the 100-year floodplain. Because the alteration is less than 50 cubic yards, it is a Type I decision. The responsible review authority shall approve, approve with conditions or deny an application for a development permit, as described above, based on tie following standards: Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; The proposal is to excavate 40 cubic yards of material to place a storm pipe. The soil will then be back filled and re-planted to match the existing ground contour. There will be no alteration within the floodway and no rise in the floodplain will result from this proposal. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; GRANT STREET ELITE CARE FACILITY PAGE 16 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • The applicant is temporarily altering the 100-year floodplain for the purpose of installing a utility line to serve the proposed development, therefore, this standard is satisfied. Where a land form alteration or development is permitted to occur within the flood lain it will not result in any increase in the water surface elevation of the 100-year flood; The applicant's proposal will not result in an increase in the water surface elevation of the 100-year floodplain because the applicant will restore the soil to existing ground contour after the pipe is in place. The land form alteration or development plan includes a pedestrian/bicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; The applicant has indicated that they are willing to grant an easement in accordance with the City's engineered bikeway plan for the area. Staff can not justify the construction of the bike path and at this time, it is untimely because none of the additional segments are constructed and it would provide a disjointed path. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; The bike path has been designed and engineered by the City of Tigard. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Staff has received comments from DSL stating that no permits are required because of the small amount of disturbance. Staff did not receive comments or objections from the US Army Corps of Engineers, therefore, a condition is necessary that the applicant submit verification that no permits are required from the US Army Corps of Engineers. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The applicant has indicated that they are willing to dedicate and easement for the purpose of constructing the planned bike path. Because the path has already been designed, the location has been identified. A condition has been imposed previously in this report that formally requires the dedication. FINDING: Based on the analysis above, staff can not determine that the sensitive lands review criteria have been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Submit verification that no permits are required from the US Army Corps of Engineers. Tree Removal - Chanter 18.790 Section 18.790.030 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist be provided for a conditional use application. The tree plan shall include identification of all existing trees, Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, identification of which trees are proposed to be removed, and a protection program defining standards and methods that will be used by the applicant to protect frees during and after construction. GRANT STREET ELITE CARE FACILITY PAGE 17 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • The applicant's plans identify 8 trees within the development area and many more on the site within the 100-year floodplaln area and wetlands. The applicant has stated that only 1 of the 8 trees within the development area will be removed as part of this development, therefore, no mitigation is required. Staff does have concerns over the reality of retaining some of the trees due to proximity to proposed construction. A condition is needed that the applicant submit a tree protection plan prepared by a certified arborist to confirm that the trees proposed to be retained are in fact saved. A condition is also needed to install tree protection fencing and adhere to tree protection methods prior to any site work including grading on-site. FINDING: Because the applicant has not provided details of the tree preservation measures, staff can not determine that this standard is met. If the applicant complies with the condition listed below, the standard will be met. CONDITION: Submit a tree protection plan prepared by a certified arborist to confirm that the trees proposed to be saved are saved during and after the construction process. Visual Clearance Areas - Chanter 18.795: Section 18.795.020.A. states that the provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. Section 18.795.030.B. states that a clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction except for an occasional utility pole or tree), exceeding three feet in height, measure from the top of the curb, or where no curb exists, from the street center fine grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. There are no proposed structures or parking inside of the vision clearance area, however, the landscape plan indicates that there will be shrubs and groundcover in the vision clearance triangle. Because the landscape plan provides no detail of the size or species of shrubs in this area, Staff can not confirm that the landscaping will be less than 3 feet in height in the vision clearance area. The applicant must submit a landscape plan that clearly shows the size and species of plants proposed and submit confirmation from at landscape professional that the type of.plants proposed in the vision clearance area will not exceed 3 feet in height. FINDING: Based on the analysis above, the standards of Chapter 18.795, Visual Clearance Areas have not been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Submit a landscape plan that clearly shows the size and species of plants proposed and submit confirmation from at landscape professional that the type of plants proposed in the vision clearance area will not exceed 3 feet in height. C. Street And Utilitv Improvements Standards - Chanter 18.810: Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as Tp portion of an existing street shall be dedicated and improved in accordance with the GRANT STREET ELITE CARE FACILITY PAGE 18 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 • 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 mad include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Grant Street, which is classified as a minor collector on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline adjacent to this site, according to the most recent tax assessor's map. The applicant should dedicate additional ROW along the site frontage to provide 30 feet from centerline. Southwest Grant Street is currently partially improved with an appropriate pavement section and curb along the frontage. In order to mitigate the impact from this development, the applicant should construct a 5-foot wide concrete sidewalk, plant street trees and install streetlights (if necessary) along the frontage of the site. 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. In looking at this site, Staff found that there was no reasonable way to provide a public street connection. The site is restricted by the floodplain to the north and there is no logical street connection on adjacent sites. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to roviding adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the righpof-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 existing natural features and existing development, prevent extension of streets through this property, therefore, this standard is exempt. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. By constructing the concrete sidewalk along the street frontage, the applicant will meet this standard. GRANT STREET ELITE CARE FACILITY PAGE 19 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER 0 0 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.C states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing public sanitary sewer line located in SW Grant Street that has ample capacit to serve this development. The applicant's plans indicate they will tap the main line in the %reet and extend a service lateral to the new building. The work in the public ROW will require a Street Opening Permit. Storm Drainage: General Provisions: Section 18.810.100.A states regpires 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 in 2000 and including any future revisions or amendments). There are no public drainage systems flowing toward this site. The onsite storm drainage system proposed for this development will sufficiently accommodate the local drainage basin around this site. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage agency in 2000 and including any future revisions or amendments). In 1997, the Unified Sewerage Agency (USA) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a.stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Since this site lies adjacent to Fanno Creek, onsite detention is not required. The applicant's storm drainage plan indicates they will convey the onsite runoff to the northeast corner of the site, where it will be treated and released into a pipe that will cross SW Grant Street. This pipe will then connect into the existing public storm drainage line on the east side of the street. This concept is acceptable to Staff. GRANT STREET ELITE CARE FACILITY PAGE 20 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. The applicant has indicated that they are willing to grant an easement for the proposed pedestrian/bikeway path and a condition has been recommended previously in this report. The actual construction of the path can not be justified by the impact of this development, however, and is therefore, not required. 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 under round services; The City reserves The right to approve location of all surface mounted facilities;, All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall e 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 ufilities 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 con unction with the development. The determination shall be on a case- by-case basis. We most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in- lieu of under-grounding. There are existing overhead utility lines along SW Grant Street. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 508 lineal feet; therefore, the fee would be $13,970.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water Svstem: This site will be served from the City's public water system. There is an existing public water line in SW Grant Street. The applicants plan indicates they will tap the main line and extend a new service line to the site. The Public Works Department must review and approve of the proposed water service for the site. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. GRANT STREET ELITE CARE FACILITY PAGE 21 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's plan indicates they will treat the stormwater runoff with a Stormwater Management StormFilter unit. These units are acceptable for use on private projects such as this, provided the owner enters into a perpetual maintenance agreement with Stormwater Management. To ensure compliance with Unified Sewerage Agency design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall providthe City of Tigard (Inspection Supervisor) with written confirmation that he water quality facility is in compliance with the design and specifications. Gradina and Erosion Control: USA Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant will need to submit a grading and erosion control plan to the Building Division as a part of the site and building permit process. Address Assianments: The City of Tigard is responsible for assi ningg addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of the site permit. For this project, the addressing fee will be $30.00. FINDING: Based on the analysis above, the street utility and improvement standards have not been met outright, however, if the applicant complies with conditions 1-6 and 25-28 specified-at the front of this report, the standards will be met. D. Impact Studv: Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. 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 that the real property dedication is not roughly proportional to the projected impacts of the development. Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. GRANT STREET ELITE CARE FACILITY PAGE 22 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • The applicant is being required to dedicate approximately 10 feet of right-of-way and install sidewalk, street trees and street lights along the site frontage of SW Grant Street. The Engineering Department has estimated the cost of these improvements to be approximately $24 per linear foot. It is estimated, therefore, that the cost of half-street improvements for the frontage along SW Grant will be $11,040 ($24 x 460 feet). A high estimate of the value of the pedes rian/bicycle easement is $2,338. This estimate is based upon $15,000 per acre for Industrially zoned property. The square footage required for the easement is 6,790 square feet or .1 acres. Upon completion of this development, the applicant will be required to pay TIF's of approximately $6,600. Based on the estimate that total TIF fees cover 32 percent of the impact on mayor street Improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $20,625 ($6,600 divided by .32). The difference between the TIF Faid and the full impact, Is considered an unmitigated impact. Since the TIF paid is $6,600, he unmitigated impact can be valued at $14,025. Given the estimated cost of the half-street improvement and easement dedication and the unmitigated impact, the dedication requirement meets the rough proportionality test related to the impact of the development. Staff can not, however, justify the construction costs of the pedestrian and bicycle pathway, therefore, the easement dedication is sufficient. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed the proposed and indicated that they can not comment until the applicant identifies the occupancy type and total square footage. Staff STRONGLY recommends that the applicant coordinate with Bob Poskin, Commercial Plans examiner prior to submitting revised plans to the Planning Division in order to avoid delays due to Building Division required changes that do not comply with Planning Division regulations. The City of Tigard Police Department has reviewed the proposal and offered the following comments: "Plans provide no mention or illustration of exterior lighting. Request such detail be submitted for approval." The City of Tigard Utility Manager has had the opportunity to review the proposal and has offered the following comments: "Information was not provided to determine domestic water requirement, however, it is clear that the existing meter and service ARE NOT adequate. Without additional information, it appears the minimum water meter size should be 1'/2". We will require backflow protection in the form of a reduced pressure principle device assembly installed directly behind (customer's side) water meter. Also, minimum requirement for a three story structure is a fire sprinkler system which will also require installation of a fire hydrant within 70 feet of the Fire Department connection. Removal of existing water meter and service to be paid by applicant." The City of' Tigard Property Management/Operations Department have had the opportunity to review the proposal and have offered no comments or objections. GRANT STREET ELITE CARE FACILITY PAGE 23 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER • • SECTION VIII. AGENCY COMMENTS Unified Sewerage Agency has reviewed the proposal and offered comments which have been incorporated into the body of this report. The Division of State Lands has reviewed the proposal and offered the following comments: "The excavation of the sewer line is less than 40 cubic yards and does not require a DSL permit. The wetland delineation is current and we concur with the boundary. Tualatin Valley Fire and Rescue, Oregon Department of Environmental Quality, Oregon Department of Fish and Wildlife, US Army Corps of Engineers, PGE, NW Natural Gas, TCI Cable, General Telephone, Tri-Met, and Qwest were given the opportunity to review this proposal and submitted no comments or objections. PREPAR26 BY: Julia Po% ell Hadjuk Associate Planner L-e-~ a, APPROVE6 BY: Richard Bewersdok Planning Manager is\curpln\julia\cup\Grant Street Elite Care.doc December 4. 2000 DATE December 4. 2000 DATE GRANT STREET ELITE CARE FACILITY PAGE 24 OF 24 CUP2000-00003/SLR2000-00011 12/11/2000 STAFF REPORT TO THE HEARINGS OFFICER . 11 Lll~ _-w~'-=_ - Alv ,r~'o fl.i7'~" `PoIIMY 4 I• l / \ y_~-fiafJ N.. ,A- rn s.i•'--~ X11 .eueri -APft s\ //•J,' - NY- . \ ~ n'^c-'! ! 4t^h - Ix•o or: ~ r Ft.- _ a,.a 1 1,! tvyl . (t) taYaAS[ASevoananwWwl J ro Y ' J -R~~f7 t' - ~ -v / ~ , lae1-- _ / Q elAf trs.. ITa eer.n moves. ~ - ~ ~''-~v _ t,/-/~_-~.. Ih/,?i,11 1~•/ ~ /n✓r✓% 1 MICH AM i,' ~ ,I i' n yV ice- f!! ,Y'9/ ~i% w .<I~I _ ~i mw-tarn j l;y/ e7/i~~'~e/ '.i / '~~r,. e EMIL ADRee w[st9[9 Oi seas sAr .9.A[.. we 0s rstwl sAr 9x atAw sAY law r'tmi 1um, _ 1AF1 / awrClaa.9a Wwn[ to MfA„ \'^Z,`\ - al .~Rlll~-• '=•17 Qr my a m fM naa ear wsull .el .l lea a aMOC rv awa a9wt ` ~ 1 , - ~ / . . 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O f11er txwrm ea..1a m ~ ~ la V Or dg IrY r a 1. bn ~ I.L bm elrexl wx. "al ~ o . 19,.59 ~ • CAI~ MI A® CITY OF TIGARD CUP2000-00003/SLR2000-0001 SITE PLAN N GRANT ST. ELITE CARE EXTENDED FAMILY RESIDENCE (Map is not to scale) It \ /11111\ MEADOW ST Clillli KA7HERIN~ - I SI U J -fl o\ lip, I I LEWIS _QN i \I IL N \ 0 200 400 600 Feel 1-- 473 feel 'ji - ix City of Tigard Information on this map is for general location only and / ahoufd be verified with the Development Services Division. 13725 SW Mao Blvd Tigard, OR 97223 (503) 639-4171 hV:lh ww.ci.tigwd.or.us Plot date: Oct 23, 2000; C:\magic\MAGIC03.APR -1 CITY of GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP W CU P2000-00003 o- SLR2000-00011 GRANT STREET P,~ ELITE CARE EXTENDED FAMILY RESIDENCE Community Development , SW. KATHERINE STREET 57 61 SQ F-r. \ ti ,f J / J ~ J 1029 ' Q. FT~, J r J ,r ~ /J r r QJ ~4 / r ~ J w ~ ~ 1 0 4. 0 • RECEIVU) Concerned Neighbors of the Proposed "Elite Care" Facility on 12345 SW Grant Avenue, Tigard, Oregon AUG fl 2 2000 Hearings Officer, City of Tigard, Zoning Department COMMUNITY UEVi:LUi'IwEiV a July 30, 2000 Dear Hearings Officer. We, the undersigned, are neighbors of the property at 12345 SW Grant Street, owned by Bill Reed. We understand the owner of the above property (Map and Tax Lot 2S102BA 2000) has applied for a conditional use change from a residential to a group living facility designation as he proposes to build on said property an "Elite Care" Extended Family Residence. Realizing that no formal hearing on the proposal has as yet been scheduled, we request that you address in your deliberations the following concerns we have: 1) WHEREAS, the applicant, as stated verbally at an informational meeting, held on June 5, 2000 and in the literature distributed at that meeting, proposes a conditional use of the property for an Extended Family Residence facility. THEREFORE, we request that any variance to the present usage stipulate that the use automatically revert to its former designation (single-family residential), if at a later date and for any reason the owner or any successor decides to cease operating an Extended Family Residence facility at this site. We would not find it acceptable for this facility to become a group home, e.g. for juveniles, or for drug and/or alcohol treatment. 2) WHEREAS, the applicant proposes to screen the property on three sides by a four-foot berm and raised planters, this is insufficient for the following reasons: Since the applicant also stated that, if a resident should develop Alzheimers disease, he/she would not necessarily be removed from the facility. It is well documented that persons with Alzheimer's disease have a tendency to wander off. A berm or shrubs would NOT prevent this from happening. The proposed form of enclosure places an undue burden on the security and safety of residents as well as on our insurance liability, and could be a cause for loss of property value. THEREFORE, we propose that (1) it become a secured facility and (2) a fence enclosure be erected (at maximum height allowed, due to the 33 or 34 feet height of the structures) and (3) the design and material of the fence for noise and appearance screening purposes would have to fit in with the other neighborhood structures, i.e. a chain link fence, for example, would not be acceptable. 3) WHEREAS, the previous owner of the property dumped and/or buried building materials, paint cans, appliances, etc. on the above property on the east- and south banks of Fanno Creek which has created a pollution problem. THEREFORE, we propose that a conditional use be granted only, if a mandatory and satisfactory cleanup is tied in. 4) WHEREAS, the applicant proposes to remove the present rental house and accessory buildings to make room for asphalt covered parking spaces, which will create a rain water runoff problem. THEREFORE, we propose that an environmental improvement zone be created in the unoccupied area around Fanno Creek with NATIVE PLANTS, SHRUBS AND TREES, not Arbor Vitae plantings. Sincerely, Please see signatures on page 2 _A Page 2: Concerned Neighbors Signatures Printed Name Signature Address c1 S - "LAO zwt cia a~,; ~,,j 99 75sr~ Tom, :sa s; it ri bLia' L ucc l l ez 8orsc_k i ~ u qq 3S ~ e 1. B. ~e r i~ .7i~A ~ •ri ~ S'_ G.G/.~~ni.. C -f= / . _ A ~~y~~j~+nmx,~-~~~-e ~ I - ~I~"sv ~cv~v ~ soh ~ ~ , ~c kp U ~u ~ C ~ S ~1~.4 ►2 ~ • Q`L~ /~'~t'wQ•t~yt ..C~.~~ aGc~ ~G>~97~~ 3 43 -77 2 J717 5 I C'^ kW1 5 JAI !i 1 ~t CJ 1'V • ifC/V S /~~✓kGO ~7 ? ZZ3 .JMU,j-4(A' S 0 1 V,-r- 1 ; _ ),ice G 4YL I K+ ~G~ X17 VW 6,t .v - per ~ti i 1.0 P/7"O Itel IxIe a ee- • • MEMORANDUM TO: Hap Watkins, Dick Bewersdorf, Barbara Gomez FROM: Albert Shields RE: SW Grant 12345, 2S102BA-02000, "Elite Care" Nursing Home DATE: June 7, 2000 This forwards an "over-sized structure" complaint to Code Enforcement, advises Planning that there appear to be multiple violations on a property currently the subject of a development application, and advises Code Enforcement and Planning that Building will defer initiating enforcement activity until Planning determines whether the building can be accepted at all under the size limitations. In net, we have another oversized accessory structure built without.permit and, in this case, probably built too recently to qualify as a pre-existing, non-conforming use regarding its over-sized status. It has electric power service and two steel flues that may serve woodstoves or fireplaces with no permits for either or any. There is apparently an application pending with or submitted to Planning regarding development of this property and the status of and future plans for this structure may be relevant to Planning approval or conditions. Also relevant is the complainant-reported presence on the property of trash and construction debris partially buried in what appear to be wetlands, a complaint already under investigation by Code Enforcement. We received a complaint yesterday from Brent Weidling, 9965 SW J.ohnson, 620-4317, that a large accessory building on an adjacent property was built without a permit. He said the previous owner of the property, who had built the structure, told him he had done so without a. permit. The subject structure is on 12345 SW Grant, current owner William C. Reed, et al, POB 12564, Portland, OR 97212, purchase date 7/7/98. An aerial photo and a composite photo of the building are attached. That property is the subject of an application to Planning for approval to build an adult care nursing home named "Elite Care." The plans provided to the complainant by the applicant, which I examined at the counter, show an "existing barn, to remain" on the property. That "barn" is the subject of the complaint. • • I have examined City records, visited the property, and verified that: 1. The structure is best described as a "workshop" or "garage" rather than a "barn." From observation through the window there is no indication of stalls or loft and the vehicle door at the rear appears to be sized to .admit a car rather than a tractor. 2. At this time (3:30 p.m., June 6, 2000) the structure contains one car, a sedan that appears to have been stored for some time, and what appear to be a number of workbench-type surfaces. Electrical outlets and hanging insulation are visible. There is nothing visible that appears to be "agricultural." 3. The structure is frame and no fire-resistant or fire-surpression material. or equipment was observed. -The structure itself is approximately 25 ft by 30 ft with at least two frame additions approx. 15 ft by 20 ft and 10 ft by 20 ft in size. That gives an approximate footprint of 1270 sq. ft. 4. Two stainless steel flues penetrate the roof. Each show soot and heat discoloration at the top suggesting their use with wood stoves or fireplaces. (See photo.) 5. The structure was built between 1974 and 1989: 1 located it on the 1989 aerial photos and find an empty yard in the 1974 photos. The 1974 photos do show an old house on the property, closer to Grant, with a light-colored roof, and at least two outbuildings for that house, each with dark roofs, neither of which is the subject garage. 6. There is no record in the City of Tigard Building files of any permits for the construction of the garage, the addition of electrical service, or the installation of the flues or any heating devices. The meter pan and conduit appear to be old enough that they could have been installed under permit from WACO prior to 1995. COT permit files do show a 1961 sewer connection and a 8/20/75 permit for re-roofing a garage and tool shed, which appear to be the dark-roofed outbuildings in the 1974 photo as mentioned above. 7. There is a chain-link dog run between the subject garage and the house. At the time of my visit a large Rottweiler was contained in the run. While he is safe while so contained, inspectors should use caution in visiting this site. I have put a Tag on the parcel. Photos are available on the is drive under CD/Bldg/Albert/Enforcement Photos/Grant12345. Please let me know if I can be of any help. Albert. N W 4 (31 N O 3 O O% O O~ O 0 • • Grant Street Extended Family ResidenceTM Conditional Use Application DECEIVED PLANNING To The City of Tigard O CT 16 2000 CITY O 'T IGARD Prepared by Craig Monaghan, Architect Z-Tec Engineering Fishman Environmental Services June, 2000 T • • Grant Street Elite Care Extended Family ResidenceTM Table of Contents Aoolicant and Consultants ..........................................................................................................4 Site Descriotion 5 18.330 Conditional Use 6 18.360 Site Develooment Review 8 18.3so Decision Makina Process 15 18.510 Residential Zonina Districts 17 18.705 Access. Earess. and Circulation 22 18.715 Densitv Comoutations 26 18.720 Desian Comoatibilitv Standards 28 18.745 Landscaoina and Screenina 38 0 18.755 Mixed Solid Waste and Recvclable Storaae 46 18.765 Off-Street Parkina and Loadina Reauirements 52 18.775 Sensitive Lands 66 18.790 Tree Removal 77 18.795 Visual Clearance Areas 84 2 • • 18.797 Water Resources MR) Overlav 86 18.810 Street Utilitv and Imarovement Standards 102 Attachments 121 f T 3 I • • Applicant and Consultants Applicant WCR Company PO Box 12564 Portland, OR 97212 Phone: 282-4696 or 309-8001 Fax: 294-6837 Contact Person: Bill Reed Engineering/Surveying Z-Tec Engineering 3737 SE 8th Portland, OR 97202 Phone: 235-8795 Fax: 233-7889 Contact Person: John Middleton Architect Craig Monaghan, Architect 13588 SW Marcia Dr. Tigard, OR 97223 Phone/Fax: 579-3270 Contact Person: Craig Monaghan Wetland Consultant Fishman Environmental Services 434 NW 6th , Ste. 304 Portland, OR 97209 Phone: 224-0333 Fax: 224-1851 Contact Person: Mirth Walker Property Description Tax Lot 2000 Map 25102BA (R0462591) Site Size 1.93 acres (84,070 sq. ft.) Zoning City of Tigard Zoning; R4.5 Existing Use of Property 1 Home and Garage and Barn Proposed Use of Property 2 Group Homes for Elderly 4 • • Site Description The Grant Street Elite Care Extended Family Residence (GSECEFR) lies in city of Tigard, R 4.5 Zone. It is 84,070 sq. ft. (1.93 acres) in size, traversed by Fanno Creek and its flood plain and wetland. A portion of the property to the south is above the 100 year floodplain and beyond the wetland setback boundary. All proposed work is contained in this south portion of the site. No work is proposed within the 100 year floodplain, top of bank setback boundary, or the wetland set back boundary. Slopes in the south portion are gradual, less than 5%. All trees will remain except 1. Existing house and garage will be removed (from south portion of site). Project Description The applicant proposes 2 fifteen-bedroom elderly care homes with common parking and courtyards. Each bedroom suite contains a kitchenette that is intended for snack preparation and incidental use. Kitchen, living, dining, and activity areas are shared by all residents. As 24 of the 30 residents are elderly tenants under the care of the 6 live-in staff members, the parking needs are minimal and 17 is more than adequate (At 1 per 2.5 beds, only 12 are required.) • • Chapter 18.330 CONDITIONAL USE Sections: 18.330.010 Purpose 18.330.020 Approval Process 18.330.030 Approval Standards and Conditions of Approval 18.330.040 Additional Submission Requirements 18.330.050 Additional Development Standards for Conditional Use Types 18.330.030 Approval Standards and Conditions of Approval A. Anoroval standards. The Hearings Officer shall approve, approve with conditions, or deny an application for a conditional use or to enlarge or alter a conditional use based on findings of fact with respect to each of the following criteria: 1. The site size and dimensions provide adequate area for the needs of the proposed use; Finding: Site size is 84,070 sq. ft., more than adequate for two.7500 sq. ft. lots; narrowest lot width is 95' (50' average width required). Buildings and associated parkingfit in south portion ofsite with plentiful open space. 2. The impacts of the proposed use of the site can be accommodated considering size, shape, location, topography, and natural features; Finding: The proposed buildings and associated parking are easily accommodated in the south portion of the site where slopes are gradual (>S%) and only one tree is removed. The project will not extend past the top of bank setback boundary, the wetland setback boundary, or into the 100 year floodplain. Right of way extensions are accommodated and setbacks met or exceeded. 3. All required public facilities have adequate capacity to serve the proposal; Finding: Sewer, stormsewer water, power, phone, etc...are available at site and have adequate capacity. • • 4. The applicable requirements of the zoning district are met except as modified by this chapter; Finding: Lot size, setbacks, building height, coverage, frontage, etc...required by R4.5 zone are met or exceeded 5. The applicable requirements of 18.330.050; and 18.330.050 Additional Development Standards for Conditional Use Types A. Concurrent variance application(s). A conditional use permit shall not grant variances to the regulations otherwise prescribed by this title. A variance application(s) may be filed in conjunction with the conditional use application and both applications may be heard at the same hearing. B. Additional development standards. The additional dimensional requirements and approval standards for conditional use are as follows: 15. Group Living: a. Minimum lot size shall be 5,000 square feet; b. Minimum setbacks shall be those in the applicable zone; C. Height limitation shall be that in the applicable zone; d. Compliance with all state requirements shall be required; and e. Off-street parking shall be in accordance with Chapter 18.765. Finding: Lot size, setbacks, building height for underlying zone are met. State has approved this facility as a Residential Care Facility. Offstreet parking required=12; seventeen are provided. Loading is provided in each of two garages. Covered by parking is provided under deck near parking lot. Bike parking is contiguous with parking lot. 6. Tho supplementary requirements set forth in other chapters of this code including, but not limited to, Chapter 18.780, Signs, and Chapter 18.360, Site Development Review, if applicable, are met. Findings: Future monument entry sign will be under separate permit, 18.360, covered elsewhere herein. 7 • 0 Chapter 18.360 SITE DEVELOPMENT REVIEW Sections: 18.360.010 Purpose 18.360.020 Applicability of Provisions 18.360.030 Approval Process 18.360.040 Bonding and Assurances 18.360.050 Major Modification(s) to Approved Plans or Existing Development 18.360.060 Minor Modification(s) to Approved Plans or Existing Development 18.360.070 Submission Requirements 18.360.080 Exceptions to Standards 18.360.090 Approval Criteria 18.360.090 Approval Criteria A. Annroval criteria. The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions, or denying an application: 1. Compliance with all of the applicable requirements of this title including Chapter 18.810, Street and Utility Standards; Findings: Engineering drawings will be submitted for permit and approval during working drawing phase. 2. Relationship to the natural and physical environment: a. Buildings shall be: (1) Located to preserve existing trees, topography and natural drainage where possible based upon existing site conditions; (2) Located in areas not subject to ground slumping or sliding; (3) Located to provide adequate distance between adjoining buildings for adequate light, air circulation, and fire-fighting; and (4) Oriented with consideration for sun and wind. b. Trees shall be preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 15.790, Tree Removal. Finding: Buildings are located so that only I tree is cut. Buildings are located on "high ,ground, " beyond the flood plain and wetland setback boundary on a gradual slope towards the natural drainage way. The buildings are separated by a 50' wide courtyard and implement a raised planter and landscaping screen to adjacent properties. Buildings are located in the south portion of the site that is more open to light and air. 8 3. Exterior elevations: a: Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: (1) Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; (2) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and (3) Offsets or breaks in roof elevations of three or more feet in height. Finding:. Wall recesses are provided with exterior docks, balconies, and stairs. Exterior walls are articulated with frequent bays and cantilevered floors. Roofs are modulated with numerous bays, overhangs, and covered porches. All elements combined generate significant visual interest. 4. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses, for example, between single-family and multiple-family residential, and residential and commercial uses, and the following factors shall be considered in determining the adequacy of the type and extent of the buffer: (1) The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; (2) The size of the buffer required to achieve the purpose in terms of width and height; (3) The direction(s) from which buffering is needed; (4) The required density of the buffering; and (5) Whether the viewer is stationary or mobile. 4 9 • 0 Finding: Little noise level problem is anticipated emanating from an elderly care facility. Buffering is provided to adjacent SFRs with raised planter and landscaping screen. b. On site screening from view from adjoining properties of such things as service areas, storage areas, parking lots, and mechanical devices on roof tops, i.e., air cooling and heating systems, shall be provided and the following factors will be considered in determining the adequacy of the type and extent of the screening: (1) What needs to be screened; (2) The direction from which it is needed; (3) How dense the screen needs to be; (4) Whether the viewer is stationary or mobile; and (5) Whether the screening needs to be year around. Finding: Parking lot is north ofproposed buildings and is therefore screened. There are no roof top HVAC or other exposes equipment areas that would require screening. 5. Privacy and noise: multi-family or group living uses: a. Structures which include residential dwelling units shall provide private outdoor areas for each ground floor unit which is screened from view by adjoining units as provided in Subsection 6.a below; b. The buildings shall be oriented in a manner which protects private spaces on adjoining properties from view and noise; c. On-site uses which create noise, light, or glare shall be buffered from adjoining residential uses; and d. Buffers shall be placed on the site as necessary to mitigate noise, light or glare from off-site sources. 0 Finding: First Floor living units have private outdoor patios buffered by the raised planter and landscape screen. Courtyard and resulting activities are turned inward between buildings, buffering it from adjoining uses. No lights or glare from off-site sources is anticipated. 6. Private outdoor area: multi-family use: a. Private open space such as a patio or balcony shall be provided and shall be designed for the exclusive use of individual units and shall be at least 48 square feet in size with a minimum width dimension of four feet; and (1) Balconies used for entrances or exits shall not be considered as open space except where such exits or entrances are for the sole use of the unit; and 10 • (2) Required open space may include roofed or enclosed structures such as a recreation center or covered picnic area. b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space. Finding: Private outdoor patios on the first floor only are provided for the caregivers. Individual bedrooms for the elderly residents are not considered "multi family. " 7. Shared outdoor recreation areas: multi-family use: a. In addition to the requirements of subsections 5 and 6 above, usable outdoor recreation space shall be provided in residential developments for the shared or common use of all the residents in the following amounts: (1) Studio up to and including two-bedroom units, 200 square feet per unit; and (2) Three or more bedroom units, 300 square feet per unit. b. The required recreation space may be provided as follows: (1) It may be all outdoor space; or (2) It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and indoor recreation room; or (3) It may be all public or common space; or (4) It may be part common space and part private; for example, it could be an outdoor tennis court, indoor recreation room and balconies on each unit; and (5) Where balconies are added to units, the balconies shall not be'less than 48 square feet. c. - Shared outdoor recreation space shall be readily observable to promote crime prevention and safety; Finding: Shared outdoor recreation areas include decks at levels 2 and 3 and courtyard on the ground floor. Outdoor recreation areas are readily visible form the parking lot and access road. Further, 4-6 staffpersonnel are on site at all times. 8. Where landfill and/or development is allowed within and adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for 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 plan. • • Finding: No work is proposed within the flood plain. City has proposed a bike path through north portion ofsite. 9. Demarcation of public, semi-public and private spaces for crime prevention: a. The structures and site improvements shall be designed so that public areas such as streets or public gathering places, semi-public areas and private outdoor areas are clearly defined to establish persons having a right to be in the space, to provide for crime prevention and to establish maintenance responsibility; and b. These areas may be defined by, but not limited to: (1) A deck, patio, low wall, hedge, or draping vine; (2) A trellis or arbor; (3) A change in elevation or grade; (4) A change in the texture of the path material; (5) Sign; or (6) Landscaping. Finding: Walk and curb separate parking from courtyard. Entry path to front door is clearly defined with covered colonnade. Landscaping and paving pattern further separate public entry access from semi-public resident courtyard. Exit stairs and balconies are gated and clearly defined as private (resident only) in their appearance and function. 10. Crime prevention and safety: a. Windows shall be located so that areas vulnerable to crime can be surveyed by the occupants; b. Interior laundry and service areas shall be located in a way that they can be observed by 0 others; c. Mail boxes shall be located in lighted areas having vehicular or pedestrian traffic; d. The exterior lighting levels shall be selected and the angles shall be oriented towards areas vulnerable to crime; and e. Light fixtures shall be provided in areas having heavy pedestrian or vehicular traffic and in potentially dangerous areas such as parking lots, stairs, ramps and abrupt grade changes. Fixtures shall be placed at a height so that light patterns overlap at a height of seven feet which is sufficient to illuminate a person. 12 0 0 Finding: Resident Bedrooms are on the 2nd and 3rd levels, and visible across the courtyard and from public areas. Laundry and service areas are interior spaces and monitored by staff. Mailboxes are in the entry lobby to each building for residents. Primary mail delivery is to common mailbox near driveway Exterior stairs, doors, porches, docks, courtyards, covered walkways, and parking will have light fixtures on photocells. 11. Public transit: a. Provisions within the plan shall be included for providing for transit if the development proposal is adjacent to existing or proposed transit route; b. The requirements for transit facilities shall be based on: (1) The location of other transit facilities in the area; and (2) The size and type of the proposal. c. The following facilities may be required after City and Tri-Met review: (1) Bus stop shelters; (2) Turnouts for buses; and (3) Connecting paths to the shelters. Finding: does not apply to this site. 12. Landscaping: a. All landscaping shall be designed in accordance with the requirements set forth in Chapter 18.745; b. In addition to the open space and recreation area requirements of subsections 5 and 6 above, a minimum of 20 percent of the gross area including parking, loading and service areas shall be landscaped; and 0 c. A minimum of 15 percent of the gross site area shall be landscaped. Finding: The buildings are bounded on 2 sides by a 15' minimum landscaped area. Landscaping is interspersed in the parking layout. Of the 84,070 sq. ft. site, the majority is landscaped. 13 Drainage: All drainage plans shall be designed in accordance with the criteria in the adopted 1981 master drainage plan; Finding: conceptual storm drainage plans are attached hereto. 14. Provision for the disabled: All facilities for the disabled shall be designed in accordance with the . requirements set forth in ORS Chapter 447; and 13 0 0 Finding: All facilities are ADA compliant, including parking, access, elevator, doors, bathrooms and kitchen. 14 • Chapter 18.390 DECISION-MAKING PROCEDURES Sections: 18.390.010 Purpose 18.390.020 Description of Decision-Making Procedures 18.390.030 Type I Procedure 18.390.040 Type II Procedure 18.390.050 Type III Procedure 18.390.060 Type IV Procedure 18.390.070 Special Procedures 18.390.080 General Provisions 18.390.040 Type II Procedure A. Preannlication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in section 18.390.080C. Finding: A pre-application conference was held on 19 August, 1999 to discuss the applicant's proposal and to review applicable polices, ordinance provisions, regulations, and technical data that would have to be addressed in the land use review application for the GSECEFR. The notes from this conference have been included in the appendix of this application. B. Application requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 E1; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b.' Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; 15 Include an impact study. The impact study shall quantify the effect of the 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 the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Finding: This application addresses all the information requested on the application form and all relevant criteria of the Community development Code. The impacts of this development oil public facilities and services have been addressed in this application. The required fees have been paid. All requirements of this section have been met. 16 e Sections: Chapter 18.510 RESIDENTIAL ZONING DISTRICTS 18.510.010 Purpose 18.510.020 List of Zoning Districts 18.510.030 Uses 18.510.040 Minimum and Maximum Densities 18.510.050 Development Standards 18.510.060 Accessory Structures 18.510.020 List of Zoning Districts 0 A. R-1: Low-Densitv Residential District. The R-1 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 30,000 square feet. Some civic and institutional uses are also permitted conditionally. B. R-2: Low-Densitv Residential District. The R-2 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 20,000 square feet. Some civic and institutional uses are also permitted conditionally. C. R-3.5: Low-Densitv Residential District. The R-3.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are also permitted conditionally. D. R-4.5: Low-Densitv Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. 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. F. R-12: Medium-Densitv Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. G. R-25: Medium Hiah-Densitv Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. 17 • • H. R-40: Medium Hieh-Density Residential District. The R-40 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units with no minimum lot size or maximum density. A limited amount of neighborhood commercial uses is permitted outright and a wide range of civic and institutional uses are permitted conditionally. Finding: The Grant Street site is zoned R4.5, Low-Density Residential District. The applicant is proposing to build two group homes for the elderly on this 1.93 acre site. Single family detached homes are a permitted use in the R4.5 zone, with a minimum lot size of 7,500 square feet. The applicant requests that this use be allowed under "some civic and institutional uses are permitted conditionally. " 18.510.030 Uses A. Tvnes of uses. For the purposes of this chapter, there are four kinds of use: 1. A permitted (P) use is a use which is permitted outright, but subject to all of the applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 2. A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions; 3. A conditional use (C) is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If a use is not listed as a conditional use, it may be held to be a similar unlisted used under the provisions of Chapter 18.230; 4. A prohibited (1) use is one which is not permitted in a zoning district under any circumstances. B. Use table. A list of permitted, limited, conditional and prohibited uses in residential zones is presented in Table 18.510.1. Finding: As noted above, the Grant Street site is zoned as an R4.5 district. The applicant is w proposing to build a group living facility, which is permitted conditionally in the R4.5 zone. The requirements of this section have been met. 18.510.040 Minimum and Maximum Densities A. Pumose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality and density of development envisioned, the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone, the minimum density for each zoning district has been established at 80% of maximum density. B. Calculatine minimum and maximum densities. The calculation of minimum and maximums densities is governed by the formulas in Chapter 18.715, Density Computations. 18 • • Finding: the actual maximum and minimum number of units permitted on the site are based 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 1.93 A (84,070 sq. ft.) site area, 0.7A (30,500 sq. ft.) is available for development, which results in a maximum density of 6 homes or three duplexes. The applicant's proposal to build two group homes for the elderly is tinder the maximum density for R4.5. C. Adiustments. Applicants may request an adjustment when, because of the size of the site or other constraint, it is not possible to accommodate the proportional minimum density as required by Section 18.715020C and still comply with all of the development standards in the underlying zoning district, as contained in Table 18.510.2 below. Such an adjustment may be granted by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria in Section 18.370.020 B 1. Finding:' No adjustments for density are being sought by the applicant and, as a consequence, this section of the code does not apply to this land use review. 18.510.050 Development Standards A. Compliance required. All development must comply with: All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. a 19 • • TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-1 R-2 R-3.5 R-4.5 R-7 Minimum Lot Size - Detached unit 30,000 20,000 10,000 7,500 5,000 sq. - Duplexes sq.ft. sq.ft. sq.ft. sq.ft. ft. - Attached unit [ 1 ] 10,000 10,000 sq.ft. sq.ft. 5,000 sq.ft. Average Minimum Lot Width - Detached unit lots 100 ft. 100 ft. 65 ft. 50 ft. 50 ft. - Duplex lots 90 ft. 90 ft. 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage - I - I - I - I 80% [2] Minimum Setbacks - Front yard 30 ft. 30 ft. 20 ft. 20 ft. 15 ft. - Side facing street on corner & through lots 20 ft. 20 ft. 20 ft. 15 ft. 10 ft. - Side yard 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. - Rear yard 25 ft. 25 ft. 15 ft. 15 ft. 15 ft. - Side or rear yard abutting more 30 ft. restrictive zoning district - Distance between property 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. line and front of garage Maximum Height I 30 ft. I 30 ft. I 30 ft. I 30 ft. I 35 ft. Minimum Landscape - - - - 20% Requirement [1] Single-family attached residential units permitted at one dwelling per lot with no more that five 0 attached units in one grouping. [2] Lot coverage includes all buildings and impervious surfaces. Finding: All of the lots proposed for Grant Street meet the minimum lot sLe requirements of the R4.5 District. Lot width, coverages, setbacks, landscaping and heights comply with the development standards. 18.510.060 Accessory Structures A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the following: 1. Dimensional requirements: 20 • • a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet; b. An accessory structure may not exceed 15 feet in height; c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage allowed in the base zone; d. An accessory structure may not be located within the front yard setback; e. An accessory structure must maintain a minimum side and rear yard setback of five feet; 2. Non-dimensional requirements: a. No accessory structure shall encroach upon or interfere with the use of any adjoining property or public right-of-way including but not limited to streets, alleys and public and private easements; b. An accessory structure shall comply with all of the requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit; c. An accessory structure which is non-conforming is subject to the provisions of Chapter 18.760, Non-Conforming Situations, when an alternation, expansion or reconstruction is requested; d. The erection of television receiving dishes on the roof of a structure is not permitted in any residential zone. 3.All freestanding and detached towers, antennas, wind-generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798), shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti-climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. o Finding: the applicant is not proposing to build accessory structures 21 Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION Sections: 18.705.010 Purpose 18.705.020 Applicability of Provisions 18.705.030 General Provisions 18.705.010 Purpose A. Pumose. The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. Change or enlargement of use. Should the owner or occupant of a lot or building change or enlarge the use to which the lot or building is put, thereby increasing access and egress requirements, it is unlawful and is a violation of this title to begin or maintain such altered use until the provisions of this chapter have been met if required or until the appropriate approval authority has approved the change. C. When site design review is not reauired. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny an access plan submitted under the provisions of this chapter in conjunction with another permit or land use action. D. Conflict with subdivision reauirements. The requirements and standards of this chapter shall not apply where they conflict with the subdivision rules and standards of this title. 18.705.030 General Provisions A. Continuing obligation of vrovertv owner. The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City. B. Access plan reauirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. C. Joint access. 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: 22 • • 1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and 2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. 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. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Reauired walkwav 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; 2. 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; 3. 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; 4. 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. ruzaeng.• one site aajocns a puoecc cocae screen, wnccn provides acrecn access and egress wun u single driveway. A sidewalk parallels the street. G. Inadeauate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or 23 0 • I I b. Would provide inadequate access for emergency vehicles; or c. 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. 2. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. 3. 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. Finding: Access is not hazardous as driveway is perpendicular to street and visibility is good in both directions. Trip generation from site is light due to occupant type. Emergency vehicles have access to both buildings. Service vehicles have access to both garages. All maneuvering can be done on site and traffic will exit the site headfirst. H. Minimum access reouirements 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 Dwelling Minimum Number of Minimum Access Minimum Pavement Unit/Lots Driveways Required Width Width 1 or 2 I 1 I 15' I 10' 3-6 I 1 I 20' I 20' TABLE 18.705.2 VEHICULAR ACCESS/EGRESS REQUIREMENTS: MULTI-FAA'IILY RESIDENTIAL USE Dwelling Units Minimum Number of Minimum Access Minimum Pavement Driveways Required Required Sidewalks, Etc. 1-2 1 15' 10' 3-19 1 30' 24' if two-way, 15' if one-way: Curbs and 5' walkway required 24 • 0 20-49 1 30' 24' if two-way or 2 30' 15' if one-way: Curbs and 5' walkway required 50-100 2 30' 24' Curbs and 5' walkway required 2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. c. The maximum cross slope of a required turnaround is 5%. 5. 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; 6. 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. Finding: Driveway width is 24'. Isle width is 24' minimum. Access drive is 180', including parking lot. Hammer head "L " turnout of 45' is provided. 25 • 0 Chapter 18.715 DENSITY COMPUTATIONS Sections: 18.715.010 Purpose 18.715.020 Density Calculation 18.715.030 Residential Density Transfer 18.715.010 Purpose A. Pumose. The purpose of this chapter is to implement the comprehensive plan by establishing the U criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a.- Single-family development: allocate 20% of gross acreage; b. Multi-family development: allocate 15% of gross acreage. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculatine maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. 26 • i C. Calculatine minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). Finding: Of the total site area, 1.93 A (84,070 SF), .07A (30,500 SF) is available for development after subtraction of sensitive land areas and land dedicated in the right-of-way. This would allow six homes in an R4.5 zone. The proposal is to build two group homes for the elderly. 27 • • Chapter 18.720 DESIGN COMPATIBILITY STANDARDS Sections: 18.720.010 Purpose 18.720.020 Applicability of Provisions 18.720.030 Design Standards 18.720.010 Purpose A. Purpose. The purpose of this chapter is to establish standards and regulations for design compatibility between multi-family residential or attached single-family residential when abutting detached single-family districts to achieve the following objectives: 1. Ensure that structures that do not present excessive visual mass or bulk from public rights-of- way or to adjoining properties; 2. Achieve building design that relates to human scale; 3. Encourage aesthetically pleasing, interesting and functional architecture and site design; and 4. Encourage architectural design that integrates well with adjoining development. 18.720.020 Applicability of Provisions A. When provisions apply. These provisions apply to all multi-family and attached single-family residential projects in zoning districts R-4.5 through R-40 that abut property zoned for single-family residential development. Finding: Applicant is uncertain whether provisions apply since purposed construction is not multi family, but rather group living. B. Site design review. All residential development to which these provisions apply shall be subject to site design review. In addition to the design standards of this chapter, the development requirements of the'underlying zone and Chapter 18.360, Site Development Review, shall apply. C. Conflict with subdivision reauirements. The requirements and standards of this chapter shall not apply where they conflict with the regulations contained in Chapter 18.430, Subdivisions. 18.720.030 Design Standards A. Densitv transition. When a multi-family or attached single-family project abuts property zoned for detached single-family, the following design standards shall apply: 1. Building height shall not exceed two stories or 25 feet within 30 feet of the property line or three stories or 35 feet within 50 feet of the property line; 28 • • 2. Building planes for multi-family dwellings within 50 feet of the common property line(s) and abutting public rights-of-way shall be subject to the following standards: a. No building plane that faces the common property line shall exceed 960 square feet within 30 feet or 1,400 square feet within 50 feet of the property line; b. No building plane shall have a dimension greater than 40 feet in length or 35 feet in height; Finding: (South) building plane with 30' (at sideyard setback) is 960 SF and is interrupted with two 12' bays (in a 40' width) and is 30' high. (West) building plan within 50' (at rear yard setback) is 1920 SF but is interrupted with four 12' bays (in an 80' width) and is 30' high. c. If more than one building plane faces a property line and building planes align at a common distance from the line, the building planes shall be horizontally separated by at least 20 feet. For purposes of this standard, "common distance" shall be defined as within 12 feet; Finding: (South) building planes are separated by 50'. d. Building plane is defined as a surface that includes a building wall that extends from the ground to the top of each wall of a structure. Area is determined by multiplying the length of each wall by the height. The plane does not include roof area. When a structure along a wall juts out from the wall, or is off-set from an adjacent part less than four feet, the structure is considered part of the building plane of the wall behind it. If the structure protrudes more than four feet, it represents a separate building plane. If a building plane is at an angle in relation to the property line, the midpoint of the wall shall provide the point at which the plane and related distances are measured. These concepts are illustrated in Figure 18.720.1. 29 • 0 FIGURE 18.720.1 ILLUSTRATION OF DESIGN CONCEPTS i ~%'0' 61. Ft J I~1 Conivn -F3-,f +Y Line, ?-'WWK3 Ptane z~x e W, Mir'. .Iv 40'KM 15JAI.I'mKoe, SI a vp61 7I '~jt~i~~INs r LANG ~GP3ZV Q.~ iOYL si ~vY 2 sl•cr~ ~ Aso 'c 0 v S J g B. Front facades. All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. C. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. 30 0 • Finding: Front facades and main entrances face common interior courtyard due to specific requirements of the residents including safety (controlled wandering), security (surveillance ofstaff), and livability (common courtyard rec. activities, shared entry, visual connection to vital areas of living, dining, and extended porches). D. Unit definition. Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation, or by providing a roof gable or porch that faces the street. Ground- level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. Finding: Each resident room has individual bay. E. Roof lines. Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. Finding: Side walls of 40' are divided with two 12' bays. Front wall of 80' is divided with two 12' bays, 20' entry bay and porch, and three additional porches. The back wall of 80' is divided by four 12' bays with individual roofs. F. Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). Finding: Windows and doors, porches and railings are trimmed on all elevators. Roof lines are trimmed with rake fascia and gutters. G. Mechanical eauinment. Roof-mounted mechanical equipment, other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. Finding: None proposed. H. Parking. Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street, parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site, I Trutt 1. 1 ur ntri; cs provided tit the side of the site and inside two garages. Pedestrian circulation. 1. The on-site pedestrian circulation system shall be continuous and connect the ground- level entrances of primary structure(s) to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; 31 • • Finding: the pedestrian circulation system connects the street sidewalk to the common courtyard, primary entry, outdoor recreation area, and parking area. Laundry is inside the building. e. Abutting transit stops; and f. any pedestrian amenity such as plazas, resting areas and viewpoints. Finding: None exist at site. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. Finding: One is proposed. Remainder offrontage is impeded by existing bridge, steep adjacent grade and sensitive lands. One is sufficient for proposed residents. 32 0 • Chapter 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS Sections: 18.730.010 Purpose 18.730.020 Exceptions to Building Height Limitations 18.730.030 Zero Lot Line Setback Standards 18.730.040 Additional Setback Requirements 18.730.050 Miscellaneous Requirements and Exceptions 18.730.040 Additional Setback Requirements A. Additional setback from specified roadwavs. To ensure improved light, air, and sight distance and to protect the public health, safety, and welfare, structures in any zoning district which abut certain arterial and collector streets shall be set back a minimum distance from the centerline of the street. Where the street is not improved, the measurement shall be made at right angles from the centerline or general extension of the street right-of-way: 1. Arterial Streets. The required setback distance for buildings on arterial streets is the setback distance required by the zoning district plus the following distances measured from the centerline of the street as contained in Table 18.730.1. 2. Collector Streets. The required setback distance for buildings on the following collector streets is the setback distance required by the zoning district plus 30 feet measured from the centerline of the street as contained in Table 18.730.1. TABLE 18.730.1 ADDITIONAL CENTERLINE SETBACK REQUIREMENTS Street Names Arterial Streets: Reauirement SW Pacific Highway (within City Limits) SW Hall Boulevard SW Scholls Ferry Road (except between its intersections with Old Scholls Ferry Road) SW Durham Road (between Hall Boulevard and Upper Boones Ferry) SW Upper Boones Ferry Road Collector Streets: 50 feet 45 feet 50 feet 45 feet 45 feet SW Ash Avenue 30 feet SW Atlanta - Haines (east of 68th Avenue) 30 feet SW Atlanta (west of 68th Avenue) 30 feet SW Beef Bend Road 30 feet SW Bonita Road 30 feet SW Bull Mountain Road 30 feet SW Burnham Street 30 feet 33 • SW Cascade Boulevard 30 feet SW Commercial Street 30 feet SW Durham Road (between Pacific Highway and Hall Boulevard) 30 feet SW Franklin Street 30 feet SW Gaarde Street 30 feet SW Grant Avenue 30 feet SW Greenburg Road 30 feet SW Hunziker Road 30 feet SW Main Street 30 feet SW McDonald Street 30 feet SW Murdock Street 30 feet SW North Dakota Avenue 30 feet SW Oak (west of Hall Boulevard) 30 feet SW Pfaffle Street 30 feet SW Sattler Street (40 ft pavement between 100th/Hall) 30 feet SW Scholls Ferry (between its intersections with Old Scholls Ferry Road) 30 feet 0 34 0 • TABLE 18.730.1 (CON'T) ADDITIONAL CENTERLINE SETBACK REQUIREMENTS Street Names Reauirement SW Summerfield Drive 30 feet SW Tiedeman Avenue 30 feet SW Tigard Street 30 feet SW Walnut Street 30 feet SW 68th Avenue 30 feet SW 68th Avenue (south of Pacific Highway) 30 feet SW 70th Avenue (south of Pacific Highway) 30 feet SW 72nd Avenue 30 feet SW 97th Avenue 30 feet SW 98th Avenue 30 feet SW 110th Avenue 30 feet SW 121st Avenue 30 feet Planned, SW Dartmouth to Pfaffle connection 30 feet Planned, SW Hampton to 69th (westerly loop road) 30 feet Finding: 30' setback applies to SW Grant. 3. The minimum yard requirement shall be increased in the event a yard abuts a street having a right-of-way width less than required by its functional classification on the City's transportation plan map and, in such case, the setback shall be not less than the setback required by the zone plus one-half of the projected road width as shown on the transportation map. 4. The minimum distance from the wall of any structure to the centerline of an abutting, street, however, shall not be less than 25 feet plus the yard required by the zone. This provision shall not apply to rights-of-way of 50 feet or greater in width. B. Distance between multi-familv residential structure and other structures on site. 1. To' provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply: a. Buildings with windowed walls facing buildings with windowed walls shall have a 25-foot separation; b. Buildings with windowed walls facing buildings with a blank wall shall have a 15-foot separation; c. Buildings with opposing blank walls shall have a 10-foot separation; d. Building separation shall also apply to buildings having projections such as balconies, bay windows and room projections; and 35 • 9 e. Buildings with courtyards to maintain separation of opposing walls as listed in Subsections 1-3 above for walls in separate buildings. 2. Where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the minimum wall separation shall be one foot for each 15 feet of building length over 50 feet and two feet for each 10 feet of building height over 30 feet. 3. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within eight feet of the ground level: a. Driveways and parking lots shall be separated from windowed walls by at least eight feet; walkways running parallel to the face of the structures shall be separated by at least five feet; and b. Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the structure shall be separated by at least seven feet. C. When no Yard setback is required. In zoning districts where a side yard or a rear yard setback is not required, a structure which is not to be built on the property line shall be set back from the property line by a distance in accordance with the Uniform Building Code requirements. 18.730.050 Miscellaneous Requirements and Exceptions A. When abutting nronerties have non-conforming front setbacks. If there are dwellings on both abutting lots with front yard depths less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. B. When one abutting nrooertv has a non-conforming front setback. If there is a dwelling on one abutting lot with a front yard of less depth than the required depth for the zone, the front yard for the lot need not exceed a depth one-half way between the depth of the abutting lot and the required front yard depth. C. Storage in front vard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residzntial zone subject to the following: 1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance . area of a driveway which would obstruct vision from an adjacent driveway or street; 2. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year, provided that such unit shall not be connected to any utility, other than temporary electricity hookups and provided that the host person shall receive no compensation for such occupancy or use; 3. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. 36 D. Proiections into required vards. 1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or project into a required yard not more than 36 inches provided the width of such yard is not reduced to less than three feet; 2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet provided the width or such yard is not reduced to less than three feet; 3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or canopy, may extend or project into a required rear or side yard provided such natural yard area is not reduced to less than three feet and the deck is screened from abutting properties. Porches may extend into a required front yard not more than 36 inches; 4. Unroofed landings and stairs may project into required front or rear yards only. E. Lot area for flae lots. 1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district; 2. The lot area shall be provided entirely within the building site area exclusive of any accessway (see figure following). F AREA NOT INCLUDED IN LOT AREA F. Front vard determination. The owner or developer of a flag lot may determine the location of the front yard, provided no side yard setback area is less than 10 feet and provided the requirements of Section 18.730.010C, Building Heights and Flag Lots, are satisfied. 37 • 0 Chapter 18.745 LANDSCAPING AND SCREENING Sections: 18.745.010 Purpose 18.745.020 Applicability 18.745.030 General Provisions 18.745.040 Street Trees 18.745.050 Buffering and Screening 18.745.060 Re-vegetation 18.745.010 Purpose A. Pumose. The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use within Tigard in order to enhance the aesthetic environmental quality of the City: 1. By protecting existing street trees and requiring the planting of street trees in new developments; 2. By using plant materials as a unifying element; 3. By using planting materials to define spaces and articulate the uses of specific areas; and 4. By using trees and other landscaping materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering and screening. 18.745.020 Applicability A. Applicability. The provisions of this chapter shall apply to all development including the construction of new structures, remodeling of existing structures where the landscaping is nonconforming (Section 18.760.040C), and to a change of use which results in the need for increased on-site parking or loading requirements or which changes the access requirements. B. When site development review does not apply. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I procedure, as governed by Section 18.390.030, using the applicable standards in this chapter. C. Site plan reauirements. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. 18.745.030 General Provisions A. Oblieation to maintain. Unless otherwise provided by the lease agreement, the owner, tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced or repaired as necessary, and shall be kept free from refuse and debris. 38 B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning, trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. C. Installation reauirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; 2. The plant materials shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. D. Certificate of OCCUUancv. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. Finding: The applicant intends to provide street trees and low maintenance landscaping along the portion of Grant St. that abuts the Grant St. site. As required by the Code, street trees will be planted along Grant St. on a spacing of 30 to 40 feet. Street tree locations can be confirmed at the time of the building permit review and all street trees would have to be installed before a certificate of occupancy would be issues. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be,fenced, as in snow fencing which can be placed around individual trees). Finding: Naturally occurring landscaping within the sensitive lands will be protected during construction and not altered (even for maintenance) after occupancy. No development is proposed within the sensitive lands area. Saved trees within the developed area will be protected during construction. F. Care of landscanine along public rights-of-wav. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. Finding: As required by the Code, the owner will be responsible for the maintenance ofstreet trees and landscaping in the public right-of-way. 39 • 0 G. Conditions of annroval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-wav. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb and gutter. 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 nlantine 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. C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Subsection 2 below; 2. The specific spacing of street trees by size of tree shall be as follows: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 feet to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040 H, trees shall not be ' planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters) in the tree well; g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; 40 • i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. D. Pruning reauirements. Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street, and 18 feet above arterial street roadway surfaces. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020 C4a. F. Replacement of street trees. Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director. The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. G. Grantine of adiustments. Adjustments to the street tree requirements may be granted by the Director by means of a Type I procedure, as regulated in Section 18.390.030, using approval criteria in Section 18.370.020 CO. H. Location of trees near signalized intersections. The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance, are satisfied. Finding: A street tree plan, which will indicate the type, size and location of the proposed street trees, will be submitted with the final construction drawings. In general, street trees will be spaced 30' to 40' apart, along the street right-of-way. 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 a building permit review. Tree planting will be the responsibility of the owner, with the completion of the task tied to the issuance of the certificate of occupancy. 18.745.050 Buffering and Screening 41 a i A. General provisions. 1. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the adverse impacts of visual or noise pollution at a development site, without unduly interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and vehicles; 2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of each proposed development is responsible for the installation and effective maintenance of buffering and screening. When different uses would be abutting one another except for separation by a right-of-way, buffering, but not screening, shall be required as specified in the matrix; 3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted for the Director's approval as an alternative to the buffer area landscaping and screening standards, provided it affords the same degree of buffering and screening as required by this code. B. Buffering and screening reauirements. 1_. A buffer consists of an area within a required setback adjacent to a property line and having a depth equal to the amount specified in the buffering and screening matrix and containing a length equal to the length of the property line of the abutting use or uses; 2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except where an accessway has been approved by the City; 3. A fence, hedge or wall, or any combination of such elements, which are located in any yard is subject to the conditions and requirements of 18.745.040 B8 and 18.745.040D; 4. The minimum improvements within a buffer area shall consist of combinations for landscaping and screening as specified in Table 18.745.1. In addition, improvements shall meet the fo;lowing specifications: a. At least one row of trees shall be planted. They shall have a minimum caliper of two inches at four feet in height above grade for deciduous trees and a minimum height of five feet high for evergreen trees at the time of planting. Spacing for trees shall be as follows: (1) Small or narrow-stature trees, under 25 feet tall or less than 16 feet wide at maturity shall be spaced no further than 15 feet apart; (2) Medium-sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart; (3) Large trees, over 40 feet tall and with more than 35 feet wide branching at maturity, shall be spaced no greater than 30 feet apart. 42 • s b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000 square feet of required buffer area; c. The remaining area shall be planted in lawn or other living ground cover. Where screening is required the following standards shall apply in addition to those required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four- foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b. An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795; When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval; Finding. The Grant Street site is bounded by detached single family homes to the south R4.5 zone. Proposal provides for more than the level "A." required buffer. 8. Fences and walls a. a Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the Director; b. Such fence or wall construction shall be in compliance with other City regulations; c. Walls shall be a minimum of six inches thick; and Chain link fences with slats shall qualify for screening. However, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. Finding: As shown, the applicant is proposing to build a four foot tall masonr}, planter five feet wide, along the property line to the south and portions of the east and west. 9. Hedges 43 0 • An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight-obscuring fence where required subject to the height requirement in Sections 18.745.040 C2 a and b; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. Finding: The applicant is proposing to plant hedges adjacent to the aforementioned planters on the Grant Street site. C. Setbacks for fences or walls. No fence or wall shall be constructed which exceeds the standards in Section 18.745.040 C2 except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects; 2. Fences or walls: a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b. Are permitted up to six feet in height in front yards adjacent to any designated arterial, major collector or minor collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrati%- review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795; 4. All fences or walls greater than six feet in height shall be subject to building permit approval. Finding: As stated above, the applicant is proposing to build a 4' tall masonry planter along the south portions of the east and west property lines. D. Heieht restrictions. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements; An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. 44 0 0 Finding: the proposed planter will be measured from finished grade, as required, and will not exceed 4 feet in height. 18.745.060 Re-vegetation A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2. After completion of such grading, the topsoil is to be restored to exposed. cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass, barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. Finding: Site grading will remove natural vegetation only from the developed area that will be replaced by landscaping as defined in the permitted drawings. To reduce impacts from erosion, the uppucurre wur Jurruw ure sue prepururrwr pruceucues vuurrre rrr erus secuua uJ me Cuue. 45 0 • Chapter 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE Sections: 18.755.010 Purpose and Applicability 18.755.020 Definitions 18.755.030 Materials Accepted 18.755:040 Methods of Demonstrating Compliance 18.755.050 Location, Design and Access Standards for Storage Areas 18.755.010 Purpose and Applicability A. Pumose. The purpose of this chapter is to ensure that certain new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclable materials prior to pick-up and removal by haulers. B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to new multi-unit residential buildings containing five or more units and non-residential construction that are subject to full site plan or design review; and are located within urban zones that allow, outright or by condition, for such uses. Finding: Applicant is uncertain ofapplicability to group living. 18.755.040 Methods of Demonstrating Compliance A. Alternative methods of compliance. An applicant shall choose one of the following four methods to demonstrate compliance: 1. Minimum standards; 2. Waste assessment; 3. Comprehensive recycling plan; or 4. Franchised hauler review and sign-off. B. Provisions. The following provisions apply to all four methods of demonstrating compliance: 1. Section 18.755.050, Location, Design and Access Standards, except as provided in 18.755.040 G; 2. The floor area of an interior or exterior storage area required by this chapter shall be excluded from the calculation of lot coverage and from the calculation of building floor area for purposes of determining minimum storage requirements. C. Minimum standards method. 46 • 0 Description of method: This method specifies a minimum storage area requirement based on the size and general use category of the new construction; 2. Typical application of method: This method is most appropriate when the specific use of a new building is not known. It provides specific dimensions for the minimum size of storage areas by general use category; Application requirements and review procedure: The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this ordinance. Through the site plan review process, compliance with the general and specific requirements set forth below is verified; 4. General requirements: a. The storage area requirement is based on the predominant use(s) of the building, (i.e. residential, office, retail, wholesale/warehouse/ manufacturing, educationaUinstitutional, or other). If a building has more than one of the uses listed herein and that use occupies 20 percent or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one of the uses listed herein and that use occupies more than 20% of the floor area of the building, then the storage area requirement for the whole building shall be the sum of the requirement for the area of each use. b. Storage areas for multiple uses on a single site may be combined and shared. The specific requirements are based on an assumed storage height of 4 feet for solid waste/recyclable. Vertical storage higher than 4 feet but no higher than 7 feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of 43% of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate. the layout of the storage area and dimensions of containers. 5. Specific requirements: Multi-unit residential buildings containing 5-10 units shall provide a minimum storage area of 50 square feet. Buildings containing more than 10 residential units shall provide an additional 5 square feet per unit for each unit above 10. b. Non-residential buildings shall provide a minimum storage area of 10 square feet, plus: (1) Office: 4 square feet/1,000 square feet gross floor area (GFA). (2) Retail: 10 square feet/1,000 square feet GFA. (3) Industrial: 6 square feet/ 1,000 square feet GFA. (4) Institutional: 4 square feet/1,000 square feet GFA. (5) Other: 4 square feet/1,000 square.feet GFA. 47 Finding: Applicant will provide 40 SF in conjunction with trash area. D. Waste assessment method. 1. Description of method: The waste assessment method tailors the storage area size to a waste assessment and management program for the specific users of a new building; 2. Typical application of method: This method is most appropriate when the specific use of a building is known and the type and volume of mixed solid waste to be generated can be estimated; 3. Application requirements and review procedures: a. A pre-conference with the solid waste coordinator/plan check staff is required if the waste assessment method is proposed. The applicant shall obtain a waste assessment form from the local jurisdiction; b. The form shall be used to estimate the volumes of source separated recyclable/mixed solid waste generated. From this information, the applicant can design a specific management, storage and collection system. Techniques such as a compactor or cardboard baler may be implemented to minimize the square footage of the site which must be set aside for a storage area; c. The waste assessment form shall be completed and submitted with site plans required by the local jurisdiction. The plans must identify the size and location of interior or exterior storage area(s), specialized equipment, collection schedule, and other features required to accommodate the volumes projected in the waste assessment. The solid waste coordinator for the local jurisdiction shall review and approve the waste assessment as part of the site plan or development review process. 4. Specific requirement: The application shall demonstrate that the mixed solid waste and recyclable volumes expected to be generated can be stored in less space than is required by the - minimum standards method. E. Comprehensive recvcline elan method. 1. Description of method: The comprehensive recycling plan method is most appropriate when an applicant has independently developed a comprehensive recycling plan that addresses materials collection and storage for the proposed use; 2. Typical application of method: This method can be used when a comprehensive recycling plan has been developed for a specific facility. It is most suited to large nonresidential uses such as hospitals, schools and industrial facilities. The comprehensive recycling plan method can be used for new construction or expansion that is subject to full Site Development Review, as governed by Chapter 18.360; 3. Application requirements and review procedure: The comprehensive recycling plan shall be submitted to the local solid waste coordinator at the same time site plans are submitted for site 48 plan review. The applicant shall submit plans and text that show how mixed solid waste and recyclable generated by the proposed development will be served under a comprehensive recycling plan. The location, design and access standards set forth in 18.755.050 are applicable to new storage areas only. F. Franchised hauler review method. 1. Applicability: The franchised hauler review method is only available in jurisdictions with franchise collection service areas because there is certainty as to which hauler will actually provide service to the proposed development, once it is constructed; 2. Description of method: This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property; 3. Typical application of method: This method is to be used when there are unique conditions associated with the site, use or waste stream that make compliance with any of the other three methods infeasible. The objective of this method is to match a specific hauler program (e.g., types of equipment, frequency of collection) to the unique characteristic(s) of the site or development. The following constitute unique conditions: . a. Use of either of the three other methods of compliance would interfere with the use of the proposed development by reducing the productive space of the proposed development, or make it impossible to comply with the minimum off-street parking requirements of the underlying zone; b. The site is of an irregular shape or possesses steep slopes that do not allow for access by collection vehicles typically used by the franchised hauler to serve uses similar in size and scope to the proposed use; c. The proposed use will generate unique wastes that can be stacked, folded or easily consolidated without the need for specialized equipment, such as a compactor, and can therefore be stored in less space than is required by 18.755.040 C. 5b. of this chapter. 4. Application requirements and review procedure: The applicant shall work with the franchised hauler to develop a plan for storage and collection of source-separated recyclable and mixed solid waste expected to be generated from the new building. A narrative describing how the proposed site meets one or more of the unique site conditions described above plus site and building plans showing the size and location of storage area(s) required to accommodate anticipated volumes shall be submitted for Site Development Review, as governed by Chapter 18.360. Additionally, a letter from the franchised hauler shall be submitted at the same time that describes the level of service to be provided by the hauler, including any special equipment and collection frequency, which will keep the storage area from exceeding its capacity. 18.755.050 Location, Design and Access Standards for Storage Areas A. Annlicable standards. The following location, design and access standards for storage areas are applicable to all four methods of compliance, described in 18.755.040 above. B. Location standards. 49 • • 1. To encourage its use, the storage area for source-separated recyclable shall be co-located with the storage area for residual mixed solid waste; 2. Indoor and outdoor storage areas shall comply with Uniform Building and Fire Code requirements; 3. Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior Jocations; 4. Exterior storage areas can be located within interior side yard or rear yard areas. Exterior storage areas shall not be located within a required front yard setback or in a yard adjacent to a public or private street; 5. Exterior storage areas shall be located in central and visible locations on a site to enhance security for users; 6. Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage. Storage areas shall be appropriately screened according to .the provisions in 18.755.050 C, design standards; 7. The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public streets adjacent to the site. Finding: Applicant proposes an exterior covered and enclosed location accessible from the parking lot via a service walkway or garage door. Occupants will place recycling bins at curbside on collection day. C. Desien standards. 1. The dimensions of the storage area shall accommodate containers consistent with current methods of local collection; 2. Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area; 3. Exterior storage areas shall be enclosed by a sight-obscuring fence wall, or hedge at least six feet in height. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 10 feet wide and shall be capable of being secured in a closed and open position; 4. Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted: D. Access standards. 50 0 1. Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users at convenient times of the day, and to collection service personnel on the day and approximate time they are scheduled to provide collection service; 2. Storage areas shall be designed to be easily accessible to collection trucks and equipment, considering paving, grade and vehicle access. A minimum of 10 feet horizontal clearance and eight feet of vertical clearance is required if the storage area is covered; 3. Storage areas shall be accessible to collection vehicles without requiring backing out of a driveway onto a public street. If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safety exit the site in a forward motion. 51 • • Chapter 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS Sections: 18.765.010 Purpose 18.765.020 Applicability of Provisions 18.765.030 General Provisions 18.765.040 General Design Standards 18.765.050 Bicycle Parking Design Standards 18.765.060 Parking Structure Design Standards 18.765.070 Minimum and Maximum Off-Street Parking Requirements 18.765.080 Off-Street Loading Requirements 18.765.010 Purpose A. Insure adeauate vehicle narkine. These parking requirements are intended to provide sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and to establish standards which will maintain the traffic carrying-capacity of nearby streets. B. Adeauate capacity. These regulations are also intended i6 to establish vehicle parking areas which have adequate capacity and which are appropriately located and designed to minimize any hazardous conditions on the site and at access points. 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. B. Expansion of existine use. At the time of an enlargement of a structure which increases the on-site vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section 18.765.070 subject to the following: 1. On the date of adoption of this title, the number of vehicle parking and loading spaces required shall be based only on floor area or capacity of such enlargement; 2. If the minimum vehicle parking spaces required for the enlargement added to the existing on- site space exceed the maximum number of vehicle parking spaces allowed for the whole project per the maximum parking ratios established in 18.765.070, the applicant may reduce the additional number of spaces provided so that the total spaces on the site do not exceed the maximum spaces allowed. C. Chance of use. When an existing structure is changed from one use to another use as listed in Section 18.765.070, the following provisions shall apply: 1. If the parking requirements for each use are the same, no additional vehicle parking shall be required; 2. Where a change results in an intensification of use in terms of the number of vehicle parking spaces 52 • • required, additional vehicle parking spaces shall be provided in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the more intensive use; 53 3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess vehicle parking spaces in an amount equal to the difference between the number of spaces required for the existing use and the number of spaces required for the less intensive use. D. When site design review is not required. Where the provisions of Chapter 18.360, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030. E. Buildine hermit conditions. The provision and maintenance of off-street vehicle parking and loading spaces are the continuing obligation of the property owner: 1. No building or other permit shall be issued until plans are presented to the Director to show that property is and will remain available for exclusive use as off-street vehicle parking and loading space; and 2. The subsequent use of property for which the building permit is issued shall be conditional upon the unqualified continuance and availability of the amount of vehicle parking and loading . space required by this title; 3. Required vehicle parking shall: a. Be available for the parking of operable passenger vehicles of residents, patron and employees only; b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of the business or use; and c. Not be rented, leased or assigned to any other person or organization. 18.765.030 General Provisions A. Vehicle parkins plan reauirements. No building or other permit shall be issued until scaled plans . are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. B. Location of vehicle parkins. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s); 2. Off-street parking lots for uses not listed above shall be located not further than 200 feet from the building or use that they are required to serve, measured in a straight line from the building with the following exceptions: 54 • • a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 300 feet from the primary site; b. The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: 1) Disabled-accessible spaces; 2) Short-term spaces; 3) Long-term preferential carpool and vanpool spaces; 4) Long-term spaces. C. Joint parkinQ. Owners of two or more uses, structures or parcels of land may agree to' utilize jointly the same parking and loading spaces when the peak hours of operation do not overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the Director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. D. Parking in mixed-use nroiects. In mixed-use projects, the required minimum vehicle parking shall be determined using the following formula. 1. Primary use, i.e., that with the largest proportion of total floor area within the development, at . 100% of the minimum vehicle parking required for that use in Section 18.765.060; 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 90% of the vehicle parking required for that use in Section 18.765.060; 3. Subsequent use or uses, at 80% of the vehicle parking required for that use(s) in Section 18.765.060; 4. The maximum parking allowance shall be 150% of the total minimum parking as calculated in D.1.-3. above. E. Visitor narking in multi-familv residential developments. Multi-dwelling units with more than 10 required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum required for the use of guests of residents of the complex. These spaces shall be centrally located or distributed throughout the development. Required bicycle parking facilities shall also be centrally located within or evenly distributed throughout the development. 55 • • F. Preferential lone-term camool/vanpool parkine. Parking lots providing in excess of 20 long-term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least 5% of total long-term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in Section 18.765.040N and shall be clearly designated for use only by carpools and vanpools between 7:00 AM and 5:30 PM Monday through Friday. G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking spaces for disabled persons as specified by the State of Oregon Uniform Building Code and federal standards. Such parking spaces shall be sized, signed and marked as required by these ' regulations. Finding: One stall and access aisle provided. H. DEO indirect source construction permit. All parking lots containing 250 spaces or parking structures containing two or more levels shall require review by the Oregon Department of Environmental Quality (DEQ) to: 1. Acquire an Indirect Source Construction Permit; 2. Investigate the feasibility of installing oil and grease separators. 18.765.040 General Design Standards A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. B. Access drives. With regard to access to public streets from off-street parking: 1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site; Y 2. The number and size of access drives shall be in accordance with the requirements of Chapter, 18.705, Access, Egress and Circulation; Finding: One 24 foot access drive provided. 3. Access drives shall be clearly and permanently marked and defined through use of rails, fences, walls or other barriers or markers on frontage not occupied by service drives; 56 • • 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual Clearance; 5. Access drives shall be improved with an asphalt or concrete surface; and 6. Excluding single-family and duplex residences, except as provided by Subsection 18.810.030P, groups of two or more parking spaces shall be served by a service drive so that no backing movements or other maneuvering within a street or other public right-of-way will be required Finding: Twenty-four foot wide minimum aisle width provides for on site maneuvering for head out exiting. 57 C. Loading/unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. D. On-site vehicle stacking for drive-in use. 1. All uses providing drive-in services as defined by this title shall provide on the same site a stacking lane for inbound vehicles as noted in Table 18.765.1. TABLE 18.765.1 STACKING LANE REQUIREMENTS FOR USES WITH DRIVE-IN WINDOWS Use Reservoir Requirement Drive-in banks 150 feet/service terminal Automated teller 50 feet/service terminal machines Drive-up telephones 50 feet Drive-in cleaners, repair services 50 feet Drive-in restaurants 200 feet Drive-in theaters 200 feet Gasoline service 75 feet between curb cut and nearest pump Mechanical car washes 75 feet/washing unit Parking facilities: - Free flow entry 25 feet/entry driveway - Ticket dispense entry 50 feet/entry driveway - Manual ticket dispensing 100 feet/entry driveway - Attendant parking 100 feet 2. The Director may reduce the length of the inbound stacking lane by means of a adjustment to be reviewed through a Type I procedure, as governed by Section 18.320.300, using approval criteria contained in Section 18.370.020 C5g. 3. Stacking lanes must be designed so that they do not interfere with parking and vehicle, pedestrian and bicycle circulation. Stacking lanes for the purpose of selling food must provide at least one clearly marked parking space per service window for the use of vehicles waiting for an order to be filled. E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. F. Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with Section 18.705.030F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. Finding: Sidewalk connects street to parking lot to buildings. 58 • • G. Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. Finding: Six internal trees provided within parking layout. H. Parking space surfacing. Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in 18.765.040 H3 and 4 below, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt or concrete surfaces; Finding: Parking lot paving is concrete. 59 • • 2. Off-street parking spaces for single and two-family residences shall be improved with an asphalt or concrete surface; 3. Parking areas to be used primarily for the storage of fleet vehicles or construction equipment may be surfaced in gravel when authorized by the approval authority at the time the site development approval is given. The Director may require that the property. owner enter into an agreement to pave the parking area: a) within a specified period of time after establishment of the parking area; or b) if there is a change in the types or weights of vehicles utilizing the parking area; or c) if there is evidence of adverse effects upon adjacent roadways, water courses, or properties. Such an agreement shall be executed as a condition of approval of the plan to establish the gravel parking area. Gravel-surfaced parking areas may only be permitted consistent with the following: a. Gravel parking areas shall not be permitted within 100 feet of any residentially-zoned or residentially-developed area; b. Gravel access and/or parking areas shall not be allowed within 100 feet of any water course; c. Gravel parking areas shall not be allowed within 100 feet of any public right-of-way; and d. A driveway which connects a gravel parking area with any public street shall be paved. 4. Parking areas to be used in conjunction with a temporary use may be surfaced in gravel when authorized by the approval authority at the time the permit is approved. The approval authority shall consider the following in determining whether or not the gravel-surfaced parking is warranted: a. The request for consideration to allow a parking area in conjunction with the temporary use shall be made in writing concurrently with the Temporary Use application per the requirements of Section 18.385.050; b. The applicant shall provide documentation that the type of temporary use requested will not be financially viable if the parking space surface area requirement is imposed; and c. Approval of the gravel-surfaced parking area will not create adverse conditions affecting safe ingress and egress when combined with other uses of the property. Parking lot strinina. 1. Except for single-family and duplex residences, any area intended to be used to meet the off- street parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian safety. 60 • • J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. Finding: Wheel stops provided. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. Finding: Parking lot lighting will be building mounted facing north. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5' x 18.5 "for a standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d. The width of each parking space includes a stripe which separates each space. Finding: 7.5 X 16.5 ft. compact and 8.5 X 18.5 ft. standard required. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; Finding: 6' ;dnl 61 • • 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. 18.765.050 Bicycle Parking Design Standards A. Location and access. With regard to the location and access to bicycle parking: 1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures; Finding: Bike parking within 35' 2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways; 3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle parking area is not visible from the street, directional signs shall be used to located the parking area; 4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions may be made to the latter requirement for parking on upper stories within a multi-story residential building. Finding: Bike parking is at grade. B. Covered parking spaces. 1. When possible, bicycle parking facilities should be provided under cover. 2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle parking unless the structure will be more than 100 feet from the primary entrance to the building, in which case, the uncovered bicycle parking may be provided closer to the building entrance. C. Design reauirements. The following design requirements apply to the installation of bicycle racks: 1.The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is encouraged but not required. 2.Bicycle racks must be securely anchored to the ground, wall or other structure; I Ricvcle narkina -,nnce-, -,hall he nt least ?-I/? feet by six feet long. and- when covered- with a vertical clearance of seven feet. An access aisle of at least five feet wide shall be provided and maintained beside or between each row of bicycle parking; 4. Each required bicycle parking space must be accessible without moving another bicycle; 5.Required bicycle parking spaces may not be rented or leased except where required motor vehicle parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement; 6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only. 62 • • D. Pavine. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete or similar material. This surface must be designed to remained well-drained. Finding: Concrete slab provided. E. Minimum bicvcle narking reouirements. The total number of required bicycle parking spaces for each use is specified in Table 18.768.2 in Section 18.765.070H. In no case shall there be less than two bicycle parking spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The Director may reduce the number of required bicycle parking spaces by means of an adjustment to be reviewed through a Type 11 procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020 C5e. Finding: Three per building provided. 18.765.070 Minimum and Maximum Off-Street Parking Requirements A. Parking reouirements for unlisted uses. 1.The Director may rule that a use, not specifically listed in Section 18.765.070H, is a use similar to a listed use and that the same parking standards shall apply. If the applicant requests that the Director's decision be rendered in writing, it shall constitute a Director's Interpretation, as governed by Section 18.340; 2.The Director shall maintain a list of approved unlisted use parking requirements which shall have the same effect as an amendment to this chapter. B. Choice of narking reauirements. When a building or use is planned or constructed in such a manner that a choice of parking requirements could be made, the use which requires the greater number of parking spaces shall govern. C. Measurements. The following measurements shall be used in calculating the total minimum number of vehicle parking spaces required in Section 18.765.070H: 1.Fractions. Fractional space requirements shall be counted as a whole space; 2. Emnlovees. Where employees are specified for the purpose of determining the minimum vehicle parking spaces required, the employees counted are those who work on the premises-during the largest shift at the peak season; 3. Students. When students are specified for the purpose of determining the minimum vehicle parking spaces required, the students counted are those who are on the campus during the peak period of the day during a typical school term; 4. Space. Unless otherwise specified, where square feet are specified, the area measured shall be gross floor area under the roof measured from the faces of the structure, excluding only space devoted to rnverPri nff-Or aPt nnr1,;nn nr lnofl,, ; _ D. Exclusions to minimum vehicle narking reauirements. The following shall not be counted towards the computation of the minimum parking spaces as required in Section 18.765.070H: l .On-street narking. Parking spaces in the public street or alley shall not be eligible as fulfilling any part of the parking requirement; 2. Fleet narking. Required vehicle parking spaces may not be used for storage of fleet vehicles, except when a use can show that employee and fleet parking spaces are used interchangeably, e.g., the employee drives the fleet vehicle from home, or the spaces are used for fleet storage only at night and are 63 • 0 available for employee use during the day. For the.purposes of this title, space exclusively devoted to the storage of fleet vehicles will be considered as outdoor storage. E. Exceptions to maximum narking standards. When calculating the maximum vehicle parking allowed as regulated by Section 18.765.080H, the following exception shall apply: I . The following types of parking shall not be included: a. Parking contained in a parking structure either incorporated into a building or free-standing; b. Market-rate paid parking; C. Designated carpool and/or vanpool spaces; d. Designated disabled-accessible parking spaces; e. Fleet parking. 2. If application of the maximum parking standard would result in less than six parking spaces for a development with less than 1,000 gross square feet of floor area, the development shall be allowed up to six parking spaces. If application of the maximum parking standard would result in less than 10 vehicle parking spaces for a development between 1,000 and 2,000 gross square feet, the development will be allowed up to 10 vehicle parking spaces. F. Reductions in minimum reouired vehicle narkine. Reductions in the required number of vehicle parking spaces may be permitted as follows: -1. The Director may reduce off-street vehicle parking spaces per Section 18.765.070H by up to 20% in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented developments and other transit-related development through a Type If procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020 C5b. Applicants who qualify for this adjustment may also apply for further parking reductions per 18.765.070 F.2. below; 2. The Director may reduce the total required off- street vehicle parking spaces per Section 18.765.070H by up to a total of 20% by means of parking adjustment to be reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria contained in Section 18.370.020 C5a. 3. The Director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio of one parking space for each 100 square feet of transit facility for developments which incorporate transit-related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Section 18.370.020 C5c. G. Increases in maximum reouired vehicle narkine. The Director may increase the total maximum number of vehicle spaces allowed in Section 18.765.070H by means of a parking adjustment to be reviewed by mPanc of a Tvne T1 procedure. as governed by Section 18.390.040. usine annroval criteria contained in section 18.370.020 C5d. 1-1. Specific reouirements. (See Table 18.765.2) 18.765.080 Off-Street Loading Requirements A. Off-street loadine spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 64 • • 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; Finding: One loading space (at garage driveway) is provided per building. 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. B. Off-street loadine dimensions. 1. Each loading berth shall be approved by the City Engineer as to design and location; 2. Each loading space shall have sufficient area for turning and maneuvering of vehicles on the site. At a minimum, the maneuvering length shall not be less than twice the overall length of the longest vehicle using the facility site; Finding: Stall is 16' X 24 ' with backout space of 26'. 3. Entrances and exits for the loading areas shall be provided at locations approved by the City Engineer in accordance with Chapter 18.710; 4. Screening for off-street loading facilities is required and shall be the same as screening for parking lots in accordance with Chapter 18.745. 65 Chapter 18.775 SENSITIVE LANDS Sections: 0 18.775.010 Purpose 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming 18.775.030 Administrative Provisions 18.775.040 General Provisions for Floodplain Areas 18.775.050 General Provisions for Wetlands 18.775.060 Expiration of Approval: Standards for Extension of Time 18.775.070 Sensitive Land Permits 18.775.080 Exception for Development of the 108th/113th Ravine below the 140 Feet Elevation 18.775.090 Application Submission Requirements 18.775.010 Purpose A. Maintain integrity of rivers. streams. and creeks. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreation potential. B. Implement comprehensive Dlan and floodolain management nroQram. The regulations of this chapter are intended to implement the comprehensive plan and the city's flood plain management program as required by the National Flood Insurance Program, and help to preserve natural sensitive land areas from encroaching use and to maintain the September 1981 zero-foot rise floodway elevation. C. Protect public health. safety, and welfare. Sensitive land areas are designated as such to protect the public health, safety, and welfare of the community through the regulation of these sensitive land areas. D. Location. Sensitive lands are lands potentially unsuitable for development because of their location within: 1. Thy 100-year floodplain; 2. Natural drainageways; 3. Wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map; and 4. Steep slopes of 25% or greater and unstable ground. 18.775.020 Applicability of Uses: Permitted, Prohibited, and Nonconforming A. Outrieht Dermitted uses with no Dermit reauired. Except as provided by Subsections B, D and E below, the following uses are outright permitted uses within the 100-year floodplain, drainageways, 1 66 0 • slopes that are 25% or greater, and unstable ground when the use does not involve paving. For the purposes of this chapter, the word "structure" shall exclude: children's play equipment, picnic tables, sand boxes, grills, basketball hoops and similar recreational equipment. 1. Accessory uses such as lawns, gardens, or play areas; 2. Farm uses conducted without locating a structure within the sensitive land area; 3. Community recreation uses, excluding structures; 4. Public and private conservation areas for water, soil, open space, forest, and wildlife resources; 5. Removal of poison oak, tansy ragwort, blackberry, or other noxious vegetation; 6. Maintenance of floodway excluding re-channeling; 7. Fences, except in the floodway area; 8. Accessory structures which are less than 120 square feet in size, except in the floodway area; and 9. Land form alterations involving up to 10 cubic yards of material, except in the floodway area. B. Administrative sensitive lands review. 1. Administrative sensitive lands permits in the 100-year floodplain, drainageway, slopes that are 25% or greater, and unstable ground shall be obtained from the appropriate community development division for the following: a. The City Engineer shall review the installation of public support facilities such as underground utilities and construction of roadway improvements including sidewalks, curbs, streetlights, and driveway aprons by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; b. The City Engineer shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area, for land that is within public easements and rights-of-way by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; Finding: Eight inch storm line crossing Grant Street to be approved by city engineer as a "minimal ground disturbance. " c. The Director shall review minimal ground disturbance(s) or landform alterations involving 10 to 50 cubic yards of material, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; Finding: 65 Feet of 8 inch storm line with minim burial and manhole at property line are "minimal ground disturbances. " d. The Director shall review the repair, reconstruction, or improvement of an existing structure or utility, the cost of which is less than 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway by means'of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter; 67 0 • e. The Building Official shall review building permits for accessory structures which are 120 to 528 square feet in size, except in the floodway area; and f. The Director shall review applications for paving on private property, except in the floodway area by means of a Type I procedure, as governed by Section 18.390.030 subject to compliance with all of the standards in this Chapter. 2. The responsible community development division shall approve, approve with conditions, or deny an application for a development permit, as described above, based on the standards set forth in sections 18.775.050, 18.775.070, and 18.775.080. C. 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, Unified Sewerage Agency, and/or other federal, state, or regional agencies 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. Finding: No work proposed for area within the wetland setback boundary. "Service provider letter "from USA will be obtained for Fanno Creek corridor. D. Sensitive lands vermits issued by the Director. 1. The Director shall have the authority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070 C-E: a. Drainageways; b. Slopes that are 25% or greater or unstable ground; and c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map. 2. Sensitive lands permits shall be required for the areas in Section 18.775.020 D1 above when any of the following circumstances apply: a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material; b Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction; c.Residential and non-residential structures intended for human habitation; and d.Accessory structures which are greater than 528 square feet in size, outside floodway areas. 68 0 0 E. Sensitive lands hermits issued by the Hearings Officer. 1. The Hearings Officer shall have the authority to issue a sensitive lands permit in the 100-year floodplain by means of a Type IIIA procedure, as governed by Section 18.390.050, using approval criteria contained in Section 18.775.070 B-E. 2. Sensitive lands permits shall be required in the 100-year floodplain when any of the following circumstances apply: a. Ground disturbance(s) or landform alterations in all floodway areas; b. Ground disturbance(s) or landform alterations in floodway fringe locations involving more than 50 cubic yards of material; c. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction provided no development occurs in the floodway; d. Structures intended for human habitation; and e. Accessory structures which are greater than 528 square feet in size, outside of floodway areas. F. Other uses. Except as explicitly authorized by other provisions of this chapter, all other uses are prohibited on sensitive land areas. G. Nonconforming uses. A use established prior to the adoption of this title, which would be prohibited by this Chapter or which would be subject to the limitations and controls imposed by this Chapter, shall be considered a nonconforming use. Nonconforming uses shall be subject to the provisions of Chapter 18.760. 18.775.030 Administrative Provisions A. Interaeencv Coordination. The appropriate approval authority shall review all sensitive lands permit applications to determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from which prior approval is also required. B. Alteration or relocation of water course. 1. The Director shall notify communities adjacent to the affected area and the State Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; 2. The Director shall require that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished. C. Ahhly Standards. The appropriate approval authority shall apply the standards set forth in Sections 18.775.040, and 18.775.070 when reviewing an application for a sensitive lands permit. 69 i • D. Elevation and flood-nroofina certification. The appropriate approval authority shall require that the elevations and flood-proofing certification required in Subsection E below be provided prior to occupancy or final approval of all new or substantially improved structures. E. Maintenance of records. 1. Where base flood elevation data is provided through the Flood Insurance Study, the Building Official shall obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement; 2. For all new or substantially improved flood-proofed structures, the Building Official shall: a. Verify and record the actual elevation (in relation to mean sea level); and Finding: Z-Tec Engineering will verify FFE to be elevation as permitted (157.5' proposed). b. Maintain the flood-proofing certifications required in this chapter. 3. The Director shall maintain for public inspection all other records pertaining to the provisions in this chapter. 18.775.040 General Provisions for Floodplain Areas A. Permit review. The appropriate approval authority shall review all permit applications to determine whether proposed building sites will be safe from flooding. B. Special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study of the City of Tigard," dated September 1, 1981, with accompanying Flood Insurance Maps (updated February 1984) is hereby adopted by reference and declared to be a part of this chapter. This Flood Insurance Study is on file at the Tigard Civic Center. C. Base flood elevation data. When base flood elevation data has not been provided in accordance with Subsection B above, the Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Subsections M and N below). D. 'rest of reasonableness. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above grade in these sensitive land areas may result in higher insurance rates. E. Resistant to flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed with materials and utility equipment resistant to flood damage. 70 F. Minimize flood damage. All new construction and substantial improvements, including manufactured homes, shall be constructed using methods and practices that minimize flood damage. G. Eauipment protection. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. H. Water Supply Svstems. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system. 1. Anchoring. All new construction, all manufactured homes and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. J. Sanitarv sewerage svstems. New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwater into the systems and discharge from the systems into floodwater. K. On-site water disposal svstems. On-site water disposal systems shall be located to avoid impairment to them or contamination from them during flooding. L. Residential Construction. New construction and substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including the basement, elevated at least one foot above base flood elevation; 2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or must meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; J b. The bottom of all openings shall be no higher than one foot above grade; and c. Openings may be equipped with screens, louvers, or other coverings or devices, provided that they permit t1,A o„t, ~ ,a o.:t -f'+l that they permit 1,- UULVlllU- 111L1y -111 li All Vl 11VVU WUlV1 J. 3. Manufactured homes shall be securely anchored to an adequately anchored permanent foundation system. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. M. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: 71 0 1. Be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water; 2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; 3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the Building Official as set forth in Subsection 18.775.030 E2; and 4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in 18.775.040 L2. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). Finding: BFE=154.0 Proposed Firstfloor (Slab on ground) =157.5'. N. Subdivisions and partitions in 100-vear floodplain. Subdivisions and partitions in the 100-year floodplain shall meet the following criteria: 1. The design shall minimize the potential for flood damage; 2. Public utilities and facilities such as sewer, gas, electrical, and water systems shall be located and constructed so as to minimize flood damage; 3. Adequate drainage shall be provided to reduce exposure to flood damage; and 4. For subdivisions or partitions which contain more than 50 lots or 5 acres and where base flood elevation data is not available from the Federal Emergency Management Agency (FEMA) or another authoritative source, the applicant shall generate base flood elevation data to be reviewed as part of the application. 18.775.050 General Provisions for Wetlands A. Code compliance reouirements. Wetland regulations apply to those areas meeting the definition of wetland in Chapter 18.120 of the Community Development Code, areas meeting Division of State Lands wetland criteria and to land adjacent to and within 25 feet of a wetland. Wetland locations may include but are not limited to those areas. identified as wetlands in "Wetland Inventory and Assessment for the City of Tigard, Oregon," Fishman Environmental Services, 1994. B. Delineation of wetland boundaries. Precise boundaries may vary from those shown on wetland maps: specific delineation of wetland boundaries may be necessary. Wetland delineation will be done by qualified professionals at the applicant's expense. 18.775.060 Expiration of Approval: Standards for Extension of Time 72 • • A. Voiding of hermit. Approval of a sensitive lands permit shall be void if: 1. Substantial construction of the approved plan has not begun within a one-and-one-half year period; or 2. Construction on the site is a departure from the approved plan. B. Granting of extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that: 1. No changes are made on the original plan as approved by the approval authority; 2. The applicant can show intent of initiating construction of the site within the one year extension period; and 3. There have been no changes to the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. C. Notice of the decision. Notice of the decision shall be provided to the applicant. The Director's decision may be appealed by the applicant as provided by Subsection 18.32.310.A. 18.775.070 Sensitive Land Permits A. Permits reauired. An applicant who wishes to develop within a sensitive area, as defined in Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in Subsections B - E below. B. Within the 100-vear floodplain. The Hearings Officer shall approve, approve with conditions or deny an application request within the 100-year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of -the zero-foot rise floodway shall not result in any encroachments, including fill, new construction, substantial improvements and other development unless certified by a registered professional engineer that the encroachment will not result in any increase in flood levels during the base flood discharge; Finding.- Only removal of material (<50 yards) for trench proposed. Trenching (40 yards) for a solid buried pipe is proposed with backfill and replanting to match existing ground contour and vegetation. 2. Land form alterations or developments within the 100-year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards; 73 0 • Finding: We are not altering the terrain within the 100 year flood plain, except as described in the finding to B(I) above. This is for utility so the standard is exempted. 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100-year flood; Finding: We are not altering the terrain within the 100 year flood plain, except as described in the finding to B(1) above. We are only replacing what was there previously and therefore won't alter the water surface elevation. 4. The land form alteration or development plan includes a pedestrianibicycle pathway in accordance with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is deemed by the Hearings Officer as untimely; Finding: We are not building a bicycle/pedestrian pathway at this time. The builders will provide an easement to the cityfor a bicycle path when the city gives approval to develop. 5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation of an average annual flood; Finding: We are not building a bicycle/pedestrian pathway at this time, so the standard doesn't apply. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; and Finding: These approvals are not necessary because development does not meet the minimum criteria. 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Finding: 6Ve are not altering the terrain within the 100 year flood plain, except as described in the finding to B(1) above. We are not proposing and the city has not asked for dedication of open: space. r pan«i excess; ~i ,,,o~ r .,,,rl.orit.. sl-li , it', nditio- I lve J101)es. .11 aVFroF la LL, approval aL1L11V-Y 0-1. approve, appLwV W- Boll uLLavlla Vr deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 74 • 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. D. Within drainagewavs. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to the extent greater than that required for the use; 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; 3. The water flow capacity of the drainageway is not decreased; 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained; 7. Where land form alterations and/or development are allowed within and adjacent to the 100-year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. ..l.n} TP/111C} .1_ 1_ _1__11 A:4: A-, E. Within wetlands. The-Director Jnall Appl VVe, apprV Ve W llll l llulLlvll3 vl ul.lly al aprlln~.aL1i11H va, .v,,,-,e ,t for a sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed land form alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland; 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than the minimum required for the use; 75 3. Any encroachment or change in on-site or off-site drainage which would adversely impact wetland characteristics have been mitigated; 4. Where natural vegetation has been removed due to land form alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.745, Landscaping and Screening; 5. All other sensitive lands requirements of this chapter have been met; 6. The provisions of Chapter 18.790, Tree Removal, shall be met; 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. G 76 • Chapter 18.790 TREE REMOVAL Sections: 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal 18.790.010 Purpose • A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recoenize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, .1. JLIGGIJ ULlj1l1GJ, and other e1 needed e Ue U VL required the development. U11ed 1111FJ1VVC.111l.LLnts lJ within the 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1. "Canopy cover" means the area above ground which is covered by the trunk and branches of the tree; 77 0 • 2. "Commercial forestry" means the removal of ten or more trees per acre per calendar year for sale. Tree removal undertaken by means of an approved tree removal plan under Section 18.790.030 is not considered commercial forestry under this definition; 3. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 4. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices; 5. "Removal" means the cutting or removing of 50 percent (50%) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning; 6. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level; 7. "Sensitive lands" means those lands described at Chapter 18.775 of the title. B. General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words, in the singular shall include the plural. 18.790.030 Tree Plan Requirement A. Tree elan reauired. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan reauirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 78 0 0 Finding: Applicant proposes to retain sever: of eight trees within the developed area. Many other existing trees on site will remain as they are outside the developed area. No mitigation is required. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Subseauent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development.. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone; 2. Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial/industrial/civic use parking. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off- Street Parking Requirements, a 1% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial/industrial/civic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. 79 B. Subseauent removal of a tree. 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. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. Desitn modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. 80 • • D. Removal nermit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax-deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestrv. Commercial forestry as defined by Section 18.790.020 A2., excluding B.4 above, is not permitted. Finding: Permit to remove one tree tivill be part of building permit application. 81 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.220 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the 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: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment 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. D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics; 82 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; 3. If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one or more replacement trees to be planted on other property within the City, either public property or, with the consent of the owner, private property; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu-of Davment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. F. Exclusivitv. The remedies set out in this section shall not be exclusive. 83 • Chapter 18.795 VISUAL CLEARANCE AREAS Sections: 18.795.010 Purpose 18.795.020 Applicability of Provisions 18.795.030 Visual Clearance Requirements 18.795.040 Computations 18.795.010 Purpose 0 A. Pumose. The purpose of this chapter is to establish standards which will assure proper sight distances at intersections to reduce the hazard from vehicular turning movements. 18.795.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. B. When site development review is not required. Where the provisions of Chapter 18.330, Site Development Review, do not apply, the Director shall approve, approve with conditions, or deny a plan submitted under the provisions of this chapter through a Type I procedure, as governed by Section 18.390.030, using the standards in this chapter as approval criteria. 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. C Adclitional tnnnaranhical rnnctrnints Where the crest of n hill nr vertir.nl carve cnnrlitinns nnntrihiite to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. 84 • Finding: Visual clearance line is 35 X 35' on the north side of driveway and 35'X 25' on south side of driveway (dare to existing trees). These trees can be limbed up to sir feet offground. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: b vJaY g01 I~ Sol FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS 2.Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets, a non- arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width, a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence, and 30 feet back from the property line on all other types of uses. 85 CHAPTER 18.797 WATER RESOURCES (WR) OVERLAY DISTRICT Sections: 18.797.010 Purpose 18.797.020 Definitions 18.797.030 Applicability and Generalized Mapping 18.797.040 Exception for Developed Single-Family Residential Subdivision Lots 18.797.050 Permitted, Conditional and Prohibited Uses 18.797.060 Application Requirements 18.797.070 Decision Options and Conditions 18.797.080 Development Standards 18.797.090 Abutting Lot Area Reductions 18.797.100 Riparian Setback Reductions 18.797.110 Adjustments to Underlying Zone Setback Standards 18.797.120 Density Transfer 18.797.130 Variances to Chapter 18.797 Standards 18.797.140 Plan Amendment Option 18.797.010 Purpose A. General. The Water Resources (WR) overlay district implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. B. Safe harbor. The WR overlay district also meets the requirements of Statewide Planning Goal 5 (Natural Resources) and the "safe harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. M 18.797.020 Definitions A. Definitions. The definitions of OAR 660-23-090(1) are incorporated herein by reference. 1. The "riparian corridor" includes a river or a major stream, associated wetlands, and the "riparian setback" area; 2. The "riparian setback area" is measured horizontally from and parallel to major stream or Tualatin River top-of-banks, or the edge of an associated wetland (see definition under K.2.), whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23-090(1)(d). 86 • a. The standard Tualatin River riparian setback is 75 feet, unless modified in accordance with this chapter; b. The major streams riparian setback is 50 feet, unless modified in accordance with this chapter; c. Isolated wetlands and minor streams (including adjacent wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required under Unified Sewerage Agency. (USA) standards adopted and administered by the City of Tigard. 3. "Disturbed areas" are identified portions of the riparian setback area that are devoid of vegetation or which are overgrown with non-native or invasive plant species, such as English ivy or Himalayan blackberry. In contrast, identified portions of the riparian setback area that are dominated by native plant species are not disturbed; 4. "Mitigation plan" means a detailed plan to compensate for identified adverse impacts on water resources, riparian setback areas or water quality buffers that result from alteration, development, excavation or vegetation removal within the WR overlay district. A mitigation plan must be prepared by recognized experts in fish and wildlife biology, native plants, and hydrological engineering, and (usually) re-planting with native plant species; 5. The Tualatin River is mapped as a fish bearing stream by the Oregon Department of Forestry and has an average annual flow of more than 1000 cfs; 6. "Major streams" are mapped as "fish-bearing streams" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs); a. Major streams in Tigard include Fanno Creek, Ash Creek (except the north fork and other tributary creeks) and Ball Creek; b. In contrast, the Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. 7. "Minor streams" are not "fish-bearing streams" according to Oregon Department of Forestry maps. Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain short tributaries of the Tualatin River; 8. "Native plant species" are those listed on the Portland Plant List, which is incorporated by reference into this chapter; 9. "Top-of-bank" usually means a clearly recognizable sharp break in the stream bank. It has the same meaning as "bankfull stage" as defined in OAR 141-85-010(2): It is the stage or elevation at which water overflows the natural banks of streams and begins to inundate the upland. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bankfull stage; 10. The "Tigard Wetlands and Riparian Corridors Map" identifies all "significant" water resources within the Tigard Planning Area, including the Tualatin River corridor, all major stream corridors, minor streams and isolated wetlands. This generalized, composite map is based on the 87 City of Tigard Local Wetlands Inventory (LWI) prepared by Fishman Environmental Services, 1994, hereby adopted by reference. All water resources identified as significant on the Tigard Wetlands and Riparian Corridors Map meet the Division of State Lands (DSL) definition of a "Locally Significant Wetland;" 11. A "Wetland" is an area that is inundated or saturated by. surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions; a. A "Significant Wetland" is a wetland, or a significant but non-fish-bearing stream, which appears on the City of Tigard Wetlands and Riparian Corridors Map; b. An "Associated Wetland" is a significant wetland, all or part of which is (a) within 75 feet of the Tualatin River top-of-bank, or (b) within 50 feet of any major stream top-of-bank; c. An "Isolated Wetland" is a significant wetland, all of which is located outside of the riparian setback; d. A "Non-Significant Wetland" is a wetland that does not meet the Division of State Lands definition of a Locally Significant Wetland and which, therefore, does not appear on the City of Tigard Wetlands and Riparian Corridors Map. Non-significant wetlands are not regulated by this chapter, but do require DSL notification under ORS 227.350. 18.797.030 Applicability and Generalized Mapping A. WR overlav district annlication. The WR overlay district applies to all significant wetlands and streams, and applicable riparian setback and water quality buffer areas, that appear on the Tigard Wetlands and Stream Corridors Map. The standards and procedures of this chapter: 1. Apply to all development proposed on property located within, or partially within, the WR overlay district; 2. Are in addition to the standards of the underlying zone; and 3. In cases of conflict, supersede the standards of the underlying zone. B. The Tigard wetlands and stream corridors man. The Tigard wetlands and stream corridors map identifies, generally, the tops-of-bank, wetland edges, riparian setbacks and water quality buffers for the following significant water resources: 1. The Tualatin River riparian corridor; 2. Major stream riparian corridors; 3. Minor streams; and 4. Isolated wetlands. 88 0 0 C. Standard riparian setbacks and USA water duality buffers. The applicant shall be responsible for surveying and mapping the precise location of the top-of-bank, wetland edge, riparian setback and/or USA water quality buffer at the time of application submittal. 1. The required water quality buffer and riparian setback area shall be retained in one or more parcels that is separate from abutting buildable lots; 2. Table 18.797.1 summaries standard riparian setbacks and water quality buffers that apply to significant water resources within the WR overlay zone; TABLE 18.797.1 RIPARIAN SETBACKS AND WATER QUALITY BUFFERS SIGNIFICANT WATER WR STANDARD USA STANDARD RESOURCE TYPE RIPARIAN SETBACK1 WATER QUALITY BUFFER2 Tualatin River & associated wetlands 75 feet 125 feet Major streams & associated wetlands 50 feet 25 feet Developed subdivision lot exception 25 feet 25 feet (major streams & associated wetlands) Minor streams & adjacent/isolated Not applicable 25 feet wetlands 1 Measured in feet from the top-of-bank or the associated wetland edge, whichever is greater. 2 Measured in feet from the stream top-of-bank or the wetland edge, whichever is greater. 3. Adjustments to these boundaries may be approved pursuant to Sections 18.797.140, 18.797.100, 18.797.130 and/or 18.797.140. D. Division of State Lands notification reauired. In addition to the restrictions and requirements of this Section, all proposed development activities within any wetland are also subject to Oregon Division of State Lands (DSL) standards and approval. Where there is a difference, the more restrictive regulation shall apply. The applicant shall be responsible for notifying DSL whenever any portion of any wetland is proposed for development, in accordance with ORS 227.350. No application for development will be accepted as complete until documentation of such notification is provided. E. Unified Sewerage Aizencv standards applicable. All development activities proposed within 25 feet of any wetland or stream are subject to USA standards and approval. 18.797.040 Exception for Developed Single-Family Residential Subdivision Lots Tigard has many approved residential subdivisions, where the side or rear yards have been cleared of riparian vegetation, and developed or planted in lawns. 89 0 0 A. Method of identiNine developed subdivision lots. Developed subdivision lots were identified based on a comprehensive analysis of aerial photographs. B. 25-Fo6t riparian setback applicable. The Tigard Wetlands & Stream Corridors Map shows a 25-foot riparian setback for developed subdivision lots, because: 1. Water resource values have already been substantially degraded, and maintenance of the 50-foot riparian setback would not serve the purposes of this chapter; and 2. Equal protection of the identified major stream resource is ensured by retaining a 25-foot riparian setback and reliance on the USA maximum water quality buffer. C. Tvne I review procedure. The location of structures on identified developed subdivision lots shall be approved under Type I procedure, provided that such structures are located at least 25 feet from the top-of-bank or the associated wetland edge. 18.797.050 Permitted, Conditional and Prohibited Uses A. DSL approval reauired. Development proposed within any wetland or stream, in addition to meeting the standards of this chapter, shall also be approved by DSL. Finding: No development proposed in wetland setback area or flood plain. Therefore, no review required. B. USA buffer standards applicable. Development proposed within 25 feet of any wetland or stream shall also be approved by the City, which administers USA standards. Compliance with USA/City standards is necessary but not sufficient for compliance with this chapter. Finding: No development proposed in wetland setback area or flood plain. Therefore, no review required. However, an environmental assessment report and USA Service Provider Letter are provided herein. C. Citv of Tigard exemption. When performed under the direction of the City, and in compliance with the provisions of the City of Tigard Standards and Specifications for Riparian Area Management, on file in the Engineering Division, the following shall be exempt from the provisions of this chapter: 1. Public emergencies, including emergency repairs to public facilities; 2. Stream and wetlands restoration and enhancement programs; I Non-native vegetation removal; 4. Planting of native plant species; and 5. Routine maintenance or replacement of existing public facilities projects. D. Permitted and conditional uses. Table 18.797.2 below summarizes permitted, conditional and prohibited uses within the WR district. A "Yes" indicates that the use is permitted in the case of Type I uses, is allowed under prescribed conditions in the case of Type II uses, or may be approved 90 • 9 subject to discretionary criteria under Type III standards (for descriptions of Type I, II and III see 18.797.060. A "No" indicates that the use is not permitted. A use that is not permitted may not be approved through the variance provisions of this chapter. 91 • • TABLE 18.797.2 WATER RESOURCES OVERLAY DISTRICT USE LIST REGULATED ACTIVITY & PROCEDURE TYPE 1. Type I Permitted Uses with Mitigation Riparian Minor Streams a) Determination of Water Resource and Riparian Setback boundaries b) Low impact, passive, or water related recreation facilities and trails including, but not limited to, viewing shelters, picnic tables, nature trails and interpretive signs c) Irrigation pumps d) Replacement of existing structures with new structures that do not disturb any additional riparian surface area e) Removal of non-native vegetation and replacement with native plant species, no closer than 10' from the top-of-bank or edge of wetland f) Removal of vegetation necessary for hazard prevention (dangerous trees) g) P,_rimeter mowing of existing cultivated lawns h) Canoe and non-motorized boat launches less than 10' in width i) Repair and maintenance of existing facilities 2. Type II Permitted Uses with Mitigation where no reasonable alternative exists a) Adjustments to numeric standards of the underlying zone necessary to reduce impacts on wetlands and streams b) Reduction in Riparian Setback boundary c) Public facilities that appear on the City's Public Facilities Plan d) Local streets and driveways serving residences and public facilities Setback Area Isolated Wetlands Yes Yes Mitigation Plan Required? No Yes No No Yes Yes No Yes Yes No Yes Yes Yes Yes Yes No Yes Yes No Yes No No Yes Yes No Riparian Minor Streams Mitigation Plan Setback Area Isolated Wetlands Required? Yes Yes Yes Yes Not applicable Yes Yes Yes Yes Yes Yes Yes 9? e) Underground public drainage facilities f) Utility crossings g) Underground utilities h) In-stream and streambank enhancement, including vegetation removal and replacement within 10 feet of the top-of-bank or edge of wetland i) Bridges and boardwalks 3. Type III Conditional Uses a) Hardship Variances, subject to variance provisions of Chapter 18.370 b) Water-related and water-dependent uses not listed above, subject to conditional use provisions of Chapter 18.330 4. Prohibited Uses - unless, specifically authorized above a) Removal of native plant species b) Placement of structures or impervious surfaces c) Grading and placement of fill d) Application of herbicides e) Dumping of garbage or lawn debris or other unauthorized materials f) Creation of a parcel that would be wholly within the WR district or resulting in an unbuildalile parcel, as determined by the Director Finding: None proposed. 0 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Riparian Setback Area Yes Yes Minor Streams Isolated Wetlands Yes Yes Mitigation Plan Required? Yes Yes Riparian Setback Area No No No Minor Streams Isolated Wetlands No No Yes Mitigation Plan Required? Not applicable Not applicable No No Not applicable No No Not applicable No No Not applicable No No Not applicable 93 0 0 18.797.060 Application Requirements All development applications on lots within, or partially within, the WR overlay district shall submit the following information, in addition to other information required by this code. A. Tvne I uses. The applicant shall prepare a plan that demonstrates that the use will be constructed and located so as to minimize grading, native vegetation removal, and the area necessary for the use. The Director may require additional information where necessary to determine WR district boundaries or to mitigate identified impacts from a proposed development, including but not limited to: 1. Site survey as prescribed in Section 18.797.06013; 2. One or more of the reports described in Section 18.797.060D. B. Tvoe II and III uses: site svecific survev reauired. If any Type II or III use or activity is proposed within a water resource, riparian setback or water quality buffer area, the applicant shall be responsible for preparing a survey of the entire site that precisely maps and delineates the following: 1. The name, location and dimensions of significant minor streams (including adjacent wetlands), major streams or rivers (including associated wetlands), and the tops of their respective streambanks or wetland edges; 2. Isolated wetlands; 3. The area enclosed by the riparian setback; 4. The area enclosed by the USA water quality buffer; 5. Steeply sloped areas where the slope of the land is 20% or greater; 6. Existing public rights-of-way, structures, roads and utilities; 7. Vegetation, including trees or tree clusters and understory; 8. Existing and proposed contours at 2-foot intervals. a C. Site svecific water resource and riparian setback determinations. The required survey of identified water resources and their respective riparian setbacks and water quality buffers, required by Section 18.797.060B, shall serve as the basis for refining the Tigard Wetlands and Stream Corridors Map. 1. The determination of the location of water resources, riparian setbacks and water quality buffers shall be made under Type I procedure; 2. If excavation, vegetation removal or development is proposed completely outside of a water resource, riparian setback or water quality buffer, no further WR overlay zone requirements apply; 3. Permitted and conditional uses within surveyed riparian setback areas are limited to those described in Section 18.797.050 and subject to the development standards of this chapter. 94 • D. Tvne II and III uses: reouired studies and mitigation renorts. Each of the following studies shall be required whenever any Type II or III use is proposed within the WR overlay district. Each required report must consider the City of Tigard Local Wetlands Inventory (Fishman Environmental Services, 1994), shall be in addition to the submission of information required for specific types of development, and shall be prepared by professionals in their respective fields. The Planning Director may exempt permit applications from one or more of these studies, based on specific findings as to why the study is unnecessary to determine compliance with this chapter. This determination must be made, in writing, at or immediately following the required pre-application conference and prior to application submittal. Hydrology and soils report. This report shall include information on the hydrological activities of the site, the effect of hydrologic conditions on the proposed development, and any hydrological or erosion hazards. This report shall also include soils characteristics of the site, their suitability for development, and erosion or slumping characteristics that might present a hazard to life and property, or adversely affect the use or stability of a public facility or utility. Finally, this report shall include information on the nature, distribution and strength of existing soils, the adequacy of the site for development purposes, and an assessment of grading procedures required to impose the minimum disturbance to the natural state. The report shall include recommendations to assure compliance with each applicable provision of this code as well as all applicable provisions of City building ordinances, and shall be prepared by a professional engineer registered in Oregon; 2. Grading plan. The grading plan shall be specific to a proposed physical structure or use and shall include information on terrain (two-foot intervals of property), drainage, direction of drainage flow, location of proposed structures grid existing structures which may be affected by the proposed grading operations, water quality facilities, finished contours or elevations, including all cut and fill slopes and proposed drainage channels. Project designs including but not limited to locations of surface and subsurface devices, walls, dams, sediment basins, storage reservoirs, and other protective devices shall form part of the submission. The grading plan shall also include a construction phased erosion control plan consistent with the provisions of this code and a schedule of operations and shall be prepared by a professional engineer registered in Oregon; 3. Vegetation report. This report shall consist of a survey of existing vegetative cover, whether it is native or introduced, and how it will be altered by the proposed development. The report shall specifically identify disturbed areas (i.e., areas devoid of vegetation or areas that are dominated by'non-native or invasive species) and the percentage of crown cover. Where a reduction in the riparian setback is proposed, measures for re-vegetation and enhancement with native plant species will be clearly stated. The vegetation report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a landscape architect, landscape designer, botanist, arborist, or other qualified individual with specific knowledge of native plant species, planting and maintenance methods, survival rates, and their ability to enhance fish and wildlife habitat and to control erosion and sedimentation; 4. Streambank conditions report. This report is only necessary if a reduction in the riparian setback area is proposed. The streambank conditions report shall consist of a survey of existing streambank conditions, including types of vegetative cover, the extent to which the streambank has been eroded, and the extent to which mitigation measures would be successful in maximizing fish and wildlife habitat values while serving the stream's urban hydrological function. Measures for improving fish and wildlife habitat and improving water quality will be clearly stated, as well as methods for immediate and long-term streambank stabilization. The 95 • • streambank conditions report shall include recommendations to assure compliance with each applicable provision of this code, and shall be prepared by a biologist, or other qualified individual in concert with an engineer registered in Oregon, both of whom must have experience in stream bank restoration. The report shall specify long-term maintenance measures necessary to carry out the proposed mitigation. plan. 18.797.070 Decision Options and Conditions A. Decision options. The Approval Authority may approve, approve with conditions, or deny an application based on the provisions of this chapter. The Approval Authority may require conditions necessary to comply with the intent and provisions of this chapter. B. Conditions. The required reports shall include design standards and recommendations necessary for the engineer and biologist or other qualified individual to provide reasonable assurance that the standards of this section can be met with appropriate mitigation measures. These measures, along with staff recommendations, shall be incorporated as conditions into the final decision approving the proposed development. C. Assurances and penalties. Assurances and penalties for failure to comply with mitigation, engineering, erosion and water quality plans required under this section shall be as stated in Chapter 18.230. 18.797.080 Development Standards The following shall apply to all development, including native vegetation removal and excavation, within the WR overlay district. No application for a use identified in Section 18.797.050 shall be deemed complete until the applicant has addressed each of these standards in writing. A. Alternatives considered. Except for stream corridor enhancement, most Type II and III uses are expected to develop outside of water resource and riparian setback areas. Therefore, Type II and III development applications must carefully examine upland alternatives for the proposed use, and explain the reasons why the proposed development cannot reasonably occur outside of the water resource or riparian setback area. B. Minimize sitiniz impacts. The proposed use shall be designed, located and constructed to minimize excavation, loss of native vegetation, erosion, and adverse hydrological impacts on water resources. 1. For Type II and III uses, the civil engineer with experience in water quality must certify that any adverse water quality impacts of the development proposal will be minimized consistent with best management practices; 2. For all uses, the development shall be located as far from the water resource, and use as little of the water resource or riparian setback area, as possible, recognizing the operational needs of the proposed development. C. Construction materials and methods. Where development within the riparian area is unavoidable, construction materials or methods used within the riparian setback area shall minimize damage to water quality and native vegetation. 96 • • D. Minimize flood damage. Above-ground residential structures shall not be permitted within the WR overlay district, where such land is also within the 100-year floodplain. On-site flood storage capacity shall not decrease as a result of development. The cumulative effects of any proposed development shall not reduce flood storage capacity or raise base flood elevations on- or off-site. Any new commercial or industrial land development proposed within the 100-year floodplain shall be designed consistent with Chapter 18.775, Sensitive Lands. E. Avoid steer) slopes. Within 50 feet of any water resource, excavation and vegetation removal shall be avoided on slopes of 25% or greater and in areas with high erosion potential (as shown on SCS maps), except where necessary to construct public facilities or to ensure slope stability. F. Minimize impacts on existing vegetation. The following standards shall apply when construction activity is proposed in areas where vegetation is to be preserved. 1. Temporary measures used for initial erosion control shall not be left in place permanently; 2. Work areas on the immediate site shall be carefully identified and marked to reduce potential damage to trees and vegetation; 3. Trees shall not be used as anchors for stabilizing working equipment. During clearing operations, trees and vegetation shall not be permitted to fall or be placed outside the work area; 4. In areas designated for selective cutting or clearing, care in falling and removing trees and brush shall be taken to avoid injuring trees and shrubs to be left in place; 5. Stockpiling of soil, or soil mixed with vegetation, shall not be permitted on a permanent basis. G. Veeetation mitigation plan. If a Type II or III use is proposed within a water resource site or riparian setback area, or mitigation is proposed as a method to reduce the riparian setback in accordance with Section 18.797.100, a mitigation plan shall be prepared and implemented. 1. The applicant shall be responsible for re-vegetating areas temporarily disturbed by excavation on a 1:1 basis; 2. Where approval is granted to reduce the riparian setback area, the applicant shall be responsible for mitigating for the reduced setback by replacing non-native vegetation within the remaining, protected riparian setback area on a 1.5:1 basis. That is, for each 100 square feet of riparian setback that is lost to development, at least 150 square feet of existing disturbed area within the riparian setback or wetland shall be re-planted with native plant species; 3. The re-vegetation plan shall provide for the replanting and maintenance of native plant species designed to achieve pre-disturbance conditions. The applicant shall be responsible for replacing any native plant species that do not survive the first two years after planting, and for ensuring the survival of any replacement plants for an additional two years after their replacement. H. Water and sewer infiltration and discharge. Water and sanitary sewer facilities shall be designed, located and constructed to avoid infiltration of floodwaters into the system, and to avoid discharges from such facilities to streams and wetlands. 97 • • I. On-site svstems. On-site septic systems and private wells shall be prohibited within the WR overlay district. J. Erosion control plan. If a Type II or III use is proposed within a water resource site or riparian setback area, the following erosion control standards shall apply within the WR overlay district: 1. Specific methods of soil erosion and sediment control shall be used during construction to minimize visible and measurable erosion; 2. The land area to be grubbed, stripped, used for temporary placement of soil, or to otherwise expose soil shall be confined to the immediate construction site only; 3. Construction activity will take place during the dry season (June-October), whenever feasible, and the duration of exposure of soils shall be kept to a minimum during construction; 4. Exposed soils shall be covered by mulch, sheeting, temporary seeding or other suitable material following grading or construction, until soils are stabilized. During the rainy season (November through May), soils shall not be exposed for more than 7 calendar days. All disturbed land areas . which will remain unworked for 21 days or more during construction, shall be mulched and seeded; 5. During constriction, runoff from the site shall be controlled, and increased runoff and sediment resulting from soil disturbance shall be retained on-site. Temporary diversions, sediment basins, barriers, check dams, or other methods shall be provided as necessary to hold sediment and runoff, 6. A stabilized pad of gravel shall be constructed at all entrances and exists to the construction site. The stabilized gravel pad shall be the only allowable entrance or exit to the site; 7. Topsoil removal for development shall be stockpiled and reused on-site to the degree necessary to restore disturbed areas to their original or enhanced condition, or to assure sufficient stable topsoil for re-vegetation. Additional soil shall be provided if necessary to support re-vegetation; 8. The removal of all sediments which are carried into the streets, water resources or on to adjacent property, are the responsibility of the applicant. The applicant shall be responsible for cleaning up and repairing streets, catch basins, water resource areas and adjacent properties, where such properties are affected by sediments or mud. In no case shall sediments be washed into storm drains, ditches or drainageways; 9_ Anv other relevant nrovkions of the Frnsinn prevention anti Sediment Cnntrol Plans Technical Guidance Handbook (City of Portland Bureau of Environmental Services and Unified Sewerage Agency of Washington County, Revised February 1994), required by the Planning Director. K. Plan implementation. A schedule of planned erosion control and re-vegetation measures shall be provided, which sets forth the progress of construction activities, and mitigating erosion control measures. An approved Erosion Control of Re-vegetation Plan shall be implemented and maintained as follows: 1. Erosion control measures shall be installed prior to any stripping or excavation work. 98 • • 2. The applicant shall implement the measures and construct facilities contained in the approved Erosion Control Plan in a timely manner. During active construction, the applicant shall inspect erosion control measures daily, and maintain, adjust, repair or replace erosion control measures to ensure that they are functioning properly. 3. Eroded sediment shall be removed immediately from pavement surfaces, off-site areas, and from the surface water management system, including storm drainage inlets, ditches and culverts. 4. Water containing sediment shall not be flushed into the surface water management system, wetlands or streams without first passing through an approved sediment filtering facility or device. 5. In addition, the applicant shall call for City inspection, prior to the foundation inspection for any building, to certify that erosion control measures are installed in accordance with the erosion control plan. L. Tvne III conditional uses. The procedural and substantive provisions of Chapter 18.330, Conditional Uses, in addition to Section 18.797.080 LI-2 below and 18.797.080 A-K above, shall apply to determine whether a Type III use listed below may be approved. The applicant for conditional use approval shall: 1. Demonstrate that there will not be any net loss in the values of the resource area; and 2. Submit a detailed mitigation plan to show that any loss of riparian values will be fully compensated through the enhancement program. 18.797.090 Abutting Lot Area Reductions A. With no rioarian setback. Where no riparian setback reduction is proposed, the minimum lot area of buildable lots abutting the riparian setback area may be reduced in proportion to the preserved riparian area outside the required water quality buffer, provided that each abutting lot shall have a minimum depth of at least 60 feet. 18.797.100 Riparian Setback Reductions The Director may approve a site-specific reduction of the Tualatin River or any major stream riparian setback by as much as 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions v~ uiions of t1h r setback area. riparian ~~.wu~.n area. A. Elieibilitv for riparian setback in disturbed areas. To be eligible for a riparian setback reduction, the applicant must demonstrate that the riparian corridor was substantially disturbed at the time this regulation was adopted. This determination must be based on the Vegetation Study required by Section 18.797.050 that demonstrates all of the following: 1. Native plant species currently cover less than 80% of the on-site riparian corridor area; 2. The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; 99 • • 3. That vegetation was not removed contrary to the provisions of Section 18.797.050 regulating removal of native plant species; 4. That there will be no infringement into the 100-year floodplain; and 5. The average slope of the riparian area is not greater than 20%. B. Determination of extent of riparian setback reduction. Provided that the standards of 18.797.080B are met, as much as 50% of the riparian area may be developed, based on a vegetation enhancement and streambank mitigation plan, and subject to the following standards: 1. The minimum remaining riparian setback for the Tualatin River shall not be less than 37.5 feet, and the minimum remaining major stream riparian setback shall not be less than 25 feet. 2. Based on the recommendations of the required vegetation report, up to a 33% reduction in the riparian setback area may be approved, provided that the applicant enhances disturbed portions of the remaining riparian setback area on a 1.5:1 basis. The vegetation report identifies disturbed areas (non-vegetated areas and areas that are overgrown with non-native or invasive' plant species such as English ivy or Himalayan blackberry) and areas dominated by native plant species. Thus, for every 100 square feet of riparian setback area that is developed, at least 150 square feet of the disturbed portion of the remaining riparian setback area must be replanted with native plant species. In this manner, up to a one-third riparian setback reduction may be approved. 3. Up to an additional 17% reduction of the riparian setback area may be approved, based on an approved streambank mitigation plan prepared by a biologist and an engineer, both of whom must have experience in stream bank restoration. The plan must demonstrate that the streambank mitigation measures will maximize fish and wildlife habitat values and water quality. 18.797.110 Adjustments to Underlying Zone Setback Standards In contrast to variances to the standards of the WR overlay district, adjustments to dimensional standards , of the underlying zone district may be approved by the Planning Director when necessary to further the intent of this overlay district. A. Adiustment option. The Planning Director may approve up to a 50% adjustment to any dimensional standard (e.g., setback, height or lot area) of the underlying zoning district to allow development consistent with the purposes of the WR overlay district. The purpose of the adjustment process is to reduce adverse impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for slope of flood hazards. B. Adiustment criteria. A special WR overlay district adjustment may be requested under Type II procedure when development is proposed within or adjacent to the WR overlay district. In order for the Director to approve a dimensional adjustment to standards in the underlying zoning district, the applicant shall demonstrate that the following criteria are fully satisfied: 1. The adjustment is the minimum necessary to allow a permitted use, while at the same time minimizing disturbance to a water resource, riparian setback area or water quality buffer. 100 • • 2. Explicit consideration has been given to maximizing vegetative cover, minimizing excavation . and minimizing impervious surface area on unbuildable land. 3. Design options have been considered to reduce the impacts of development, including but not limited to multi-story construction, siting of the residence close to the street to reduce driveway distance, maximizing the use of native landscaping materials, minimizing parking areas and garage space. 18.797.140 Plan Amendment Option Any owner of property affected by the WR district may apply for a quasi-judicial comprehensive plan amendment under Type IV procedure. This amendment must be based on a specific development proposal. The effect of the amendment would be to remove WR overlay district from the property. The applicant shall demonstrate that such an amendment is justified by either of the following: A. ESEE analvsis. The applicant may prepare an Environmental, Social, Economic and Energy (ESEE) consequences analysis prepared in accordance with OAR 660-23-040. 1. The analysis shall consider the ESEE consequences of allowing the proposed conflicting use fully, consider both impacts on the specific resource site in comparison with other comparable sites within he Tigard Planning Area; 2. The ESEE analysis must demonstrate to the satisfaction of the Tigard City Council that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource; 3. In particular, ESEE analysis must demonstrate why the use cannot be located on buildable land, consistent with the provisions of this chapter, and that there are no other sites. within the Tigard Planning area that can meet the specific needs of the proposed use; 4. The ESEE analysis shall be prepared by a team consisting of a wildlife biologist or wetlands ecologist and a land use planner or land use attorney all of whom are qualified in their respective fields and experienced in the preparation of Goal 5 ESEE analysis; 5. If the application is approved, then the ESEE analysis shall be incorporated by reference into the Tigard Comprehensive Plan, and the Tigard Wetland and Stream Corridor Map shall be amended to remove the site from the inventory. B. Determination of "insianificance." In this case, the applicant must demonstrate that the water resource site(s) no longer meet(s) the applicable significance threshold defined by the Goal 5 administrative rule, relative to other comparable resources within the Tigard Planning Area. 1. Significance thresholds are described and applied in the addendum to the City of Tigard Local Wetlands Inventory adopted by reference as part of this chapter. 2. In considering this claim, the Council shall determine that the decline in identified resource values did not result from a violation of this chapter or any other provision of the Tigard Community Development Code. 101 • Chapter 18.8 10 Street and Utility Improvement Standards Sections 18.810.030 Streets 18.810.040 Blocks 18.810.050 Easements 18.810.060 Lots 18.810.070 Sidewalks 18.810.080 Public Use Areas 18.810.090 Sanitary Sewers 18.810.100 Storm Drainage 18.810.110 Bikeways and Pedestrian Pathways 18.810.120 Utilities, 18.810.130 Cash or Bond Required 18.810.140 Monuments 18.810.150 Installation Prerequisite 18.810.160 Installation Conformation 18.810.170 Plan Check 18.810.180 Notice to City 18.810.190 City Inspection 18.810.200 Engineer's Certification 18.810.210 Completion Requirements 18.810.010 Purpose • A. Pumose. The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. 18.810.020 General Provisions A. When standards apply. Unless otherwise provided, construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements shall occur in accordance with the standards of this title. No development may occur and no land use application may be approved unless the public facilities related to aevelopment comply with the public facility requirements established in this section and adequate public facilities are available. Applicants may be required to dedicate land and build required public improvements only when the required exaction is directly related to and roughly proportional to the impact of the development. B. Standard specifications. The City Engineer shall establish standard specifications consistent with the application of engineering principles. C. Section 7.40 applies. The provision of Section 7.40 of the Tigard Municipal Code shall apply to this chapter D. Adiustments. Adjustments to the provisions in this chapter related to street improvements may be granted by means of a Type II procedure, as governed by Section 18.390.040, using approval criteria in Section 18.370.030 C9. (Ord. 99-22) 102 • • 18.810.030 Streets A. Improvements. No development shall occur unless the development has frontage or approved access to a public street. Finding: Project has frontage on Grant St. 2. No development shall occur unless streets within the development meet the standards of this chapter. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; 5. If the City could and would otherwise require the applicant to provide street improvements, the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable fixture and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. , The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or Additional planning work is required to define the appropriate design standards for the street and the application is for a nrnieet which wnnld rnntrihntP nnly a minnr nnrtinn of the anticipated future traffic on the street. 6. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes, or existing mature trees. The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall 103 consider the criteria listed in Section 18.810.030 E.1. An adjustment to the standards may not be granted if the adjustment would risk public safety. B. Creation of rights-of-wav for streets and related immoses. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the Council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the Council for the purpose of general traffic circulation: 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: a. Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval: a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of this title; and 3. All deeds of dedication shall be in a form prescribed by the City and shall name "the public," as grantee. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code Section 10.207; 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.0301. D. Street location. width and erade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and 104 planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in accordance with Subsection M below; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. E. Minimum riehts-of-wav and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter - Functional Street Classification; b. Anticipated traffic generation; c. ' On-street parking needs; d. Sidewalk and bikeway requirements; n ...-4.. r..- «I.......«..«4 -C..4. I.4...... c. IxequireMIc111J LVl Plal.clltclll vi uii11l1c J, f. Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists, bicyclists, and pedestrians; 105 • • k. Access needs for emergency vehicles. Finding: 24' driveway provided onto property. No streets being created. Street lighting and trees as required in permit process along Grant St. TABLE 18.810.1 MINIMUM RIGHTS-OF-WAY AND STREET WIDTHS Type of Street Arterial Major Collector Minor Collector Local Street -Commercial and Industrial Residential Access Streets a. Through street with: • Less Than 1500 ADT • Less Than 500 ADT • Less Than 200 ADT b. Cul-de-sac dead-end streets: • Less Than 500 ADT • Less Than 200 ADT (Cul-de-sacs shall be no more than 200 feet long and serve no more than 20 dwelling units) Turn-Arounds for Dead-end Streets in Industrial and Commercial Zones Only Turn-Arounds for Cul-de-sac Dead- End Streets in Residential Zones Only Alley: Residential Alley: Business or Industrial Right-of-Way Roadway Moving Lanes Width (feet) Width (feet) 60'-90' 12'/lane 2-4 60'-80' 44' 2-4 60' 40' 2-3 50' 34' 2 50' 32' 2 46' 28' 1-2 42' 24' 1-2 46' 28' 1-2 42' 24' 1-2 50' radius 42' radius 47' radius 40' radius 16' 16' 20' 20' 106 • • F. Future street elan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant's request, the City shall prepare a future streets proposal. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where 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. These extended streets or street stubs to adjoining properties are not considered to be culs- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. 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. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. G. Street alisnment and connections. 1. Staggering of streets making "T" intersections at collectors and arterials shall not be designed so that jogs of less than 300 feet on such streets are created, as measured from the centerline of such street. 2. Spacing between local street intersections shall have a minimum separation of 125 feet. All local and minor 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 _I_C_.1 ..1t..ded ..1"_ 4 e A streei CUIlIle(alon or CJCIenSIUII 1J (:oiiJlUrGU precluded ivucrl :7A is not of possible iui~, to w rsls.a 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. 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. 4. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 107 5. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. H. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 750 unless there is special intersection design, and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. 1. Existing rights-of-wav. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. J. Partial Street Improvements. Partial street improvements resulting in a pavement width of less than 20 feet; while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when the adjoining property developed. K. Culs-de-sacs. 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: 1. All culs-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and 2. "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. 3. 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. L. Street names. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area. M. Grades and curves. 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 108 • • 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. N. Curbs. curb cuts. ramps. and drivewav annroaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080; and: 1. Concrete curbs and driveway approaches are required; except 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. 0. Streets adiacent to railroad right-of-wav. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land. The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas. P. Access to arterials and maior collectors. 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: 1. A parallel access street along the arterial or major collector; 2. Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. Q. Alleys. public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 109 • 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. R. Survev monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. S. Private Streets. 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. T. Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. U. Street signs. The City shall install all street signs, relative to traffic control and street names, as specified by the City Engineer for any development. The cost of signs shall be the responsibility of the developer. V. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan, and shall be approved by the City Engineer/US Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/US Post Office prior to final approval. W. Traffic signals. The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed. The cost shall be included as a condition of development. X. Street light standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. Y. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. 110 • • Z. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. (Ord. 99-22) 18.810.040 Blocks A. Block Design. 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. B. Sizes. • 0 1. The perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right- of-way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. c. For non-residential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. 18.810.050 Easements A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development traversed by a watercourse, or drainageway, there shall be provided a storm water easement or drainage right-of- way conforming substantially with the lines of the watercourse. B. Utilitv easements. A property owner proposing a development shall make arrangements with the City, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The City's standard width for public main line utility easements shall'be 15 feet unless otherwise specified by the utility company, applicable district, or City Engineer. 18.810.060 Lots A. Size and share. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: No lot shall contain part of an existing or proposed public right-of-way within its dimensions; 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district; T__a11 _~J dth _fp__p_-:__ ' f__ __1 _n' -n,.._a_._1 purpo...s shalln L_ add... ate to Dept 1 an' wiU 11 Vl 1)1 V1JG1 l1GJ LVr1eU lul l:oill mllell: lal allU1 11u UJlllal 1JU11JVJGJ shall UG ullualc LV provide for the off-street parking and service facilities required by the type of use proposed. B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case Subsection 18.162.050 (C) applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. C. Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and: 112 • 1. A planting buffer at least ten feet wide is required abutting the arterial rights-of-way; and 2. All through lots shall provide the required front yard setback on each street. D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon which the lots front. E. Large lots. In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the Commission may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size. The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities. 18.810.070 Sidewalks A. Sidewalks. All industrial streets shall have sidewalks meeting City standards along one side of the street. All other streets shall have sidewalks meeting City standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. 113 • 0 Finding: Sidewalk provided on one side of Grant along propertyfrontage. B. Planter stria reauirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of any arterial or collector street where parking is prohibited adjacent to the curb, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; or it would conflict with the utilities. C. Sidewalks in central business district. In the central business district, sidewalks shall be 10 feet in width, and: 1. All sidewalks shall provide a continuous unobstructed path; and 2. The width of curbside sidewalks shall be measured from the back of the curb. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. E. Application for Dermit and inspection. If the construction of a sidewalk is not included in a performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall, before entering upon the work or improvement, apply for a street opening permit to the Engineering department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provisions of this section are satisfied. 2. The City Engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe ° damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible; and 3. The City Engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. F. Council initiation of construction. In the event one or more of the following situations are found by the Council to exist, the Council may adopt a resolution to initiate construction of a sidewalk in accordance with City ordinances: 114 0 0 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. 50% or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and 4. A criteria which allowed noncompliance under Section E.l.b above no longer exists and a sidewalk could be constructed in conformance with City standards. (Ord. 99-22) 18.810.080 Public Use Areas A. Dedication requirements. 1. Where a proposed park, playground or other public use shown in a development plan adopted by the City is located in whole or in part in a subdivision, the Commission may require the dedication or reservation of such area within the subdivision, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. 2. Where considered desirable by the Commission in accordance with adopted comprehensive plan policies, and where a development plan of the City does not indicate proposed public use areas, the Commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks or other public use, provided that the reservation or dedication is roughly proportional to the impact of the subdivision on the park system. B. Acauisition by public aeencv. If the developer is required to reserve land area for a park, playground, or other public use, such land shall be acquired by the appropriate public agency within 18 months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the subdivider. (Ord. 99-22) 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall 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 Q Agency 191916 ,.1,,.1; A,4„ rave;- nr nmPnAmvntc) and flip neinnterl 13ewe_age In and 1ncilluing any -1-1 ».-..t..-- policies of the comprehensive plan. B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. Finding: Sewer connection in Grant St. provided in permit process. 115 • C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. D. Permits denied. Development permits may be restricted by the Commission or Hearings Officer where a deficiency exists in the existing sewer system-or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. 18.810.100 Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. Finding: Stormsewer connection in Grant St. provided in permit process. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. C. Accommodation of upstream drainage. 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, and: 1. TLe City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). D. Effect on downstream drainage. 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 1996 and including any future revisions or amendments). 18.810.110 Bikeways and Pedestrian Pathways 116 0 • A. Bikewav extension. 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 rights-of-way, provided such dedication is directly related to and roughly proportional to the impact of the development. B. Cost of construction. 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 in an amount roughly proportional to the impact of the development. C. Minimum width. 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. (Ord. 99-22). Finding: Bikeway exists alongfrontage ofproperty on Grant St. 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: Finding: Utilities proposed are underground. 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The City reserves the right to approve location of all surface mounted facilities; 3. 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 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development glans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the City Engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to under-grounding reauirement. 1. The 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 117 s • under-grounding the utilities outweighs the benefit of undergrounding 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 undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. 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 the fee in- lieu of undergrounding. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in Subsections 1 through 3 of this section shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergroundine. The City Engineer shall establish utility service areas in the City. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The City Engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The City Engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the City at large. The City Engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the City. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the City Council for th,,ir review and approval annually. 18.810.130 Cash or Bond Required A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City Council. B. Cash deposit or bond. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. Compliance reauirements. The cash or bond shall comply with the terms and conditions. of Section 18.430.090. 18.810.140 Monuments 118 0 0 A. Replacement reauired. Any monuments that are disturbed before all improvements are completed by the subdivider shall be replaced prior to final acceptance of the improvements. 18.810.150 Installation Prerequisite A. Approval reauired. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued. B. Permit fee. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by Council resolution. 18.810.160 Installation Conformation A. Conformance reauired. In addition to other requirements, improvements installed by the developer either as a requirement of these regulations or at his own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the City. B. Adopted installation standards. The Standard Specifications for Public Works Construction, Oregon Chapter A.P.W.A., and 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) shall be a part of the City's adopted installation standard(s); other standards may also be required upon recommendation of the City Engineer. 18.810.170 Plan Check A. Submittal reauirements. Work shall not begin until construction plans and construction estimates have been submitted and checked for adequacy and approved by the City Engineer in writing. The developer can obtain detailed information about submittal requirements from the City Engineer. B. Compliance. All such plans shall be prepared in accordance with requirements of the City. 18.810.180 Notice to City A. Commencement. Work shall not begin until the City has been notified in advance. B. Resumption. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.190 City Inspection A. Inspection of improvements. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. 18.810.200 Engineer's Certification A. Written certification reauired. The developer's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current 119 and standard engineering and construction practices, and are of high grade, prior to City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. 18.810.210 Completion Requirements (To be completed.) 120 Attachments Neighborhood minutes Fishman environmental assessment report USA Service Provider Letter Notes from pre-application conference Drawings s 121 • • Minutes from Neighborhood Meeting for Grant Street Elite Care Extended Family Residence TM for the Elderly 12345 SW Grant, Tigard, OR 97223 June 5, 2000 Water Building Conference Room 8777 SW Burnham Rd. Tigard, OR Meeting began at 6:30 PM Meeting concluded at 7:30 PM Attendees from Neighborhood: Table 1 Tom Loughran 9965 SW Johnson St. Tigard OR 97223 Bill Tubbs 12531 SW Grant Ave. Tigard OR 97223 Matt Jones 9945 SW Johnson St. Tigard OR 97223 Ken and Shirley Engh 9955 SW Johnson St. Tigard OR 97223 Elite Care attendees: Bill Reed, Owner Craig Monaghan, Architect Bob Ornstein, Project Manager Meeting Comments: Q: When do you think the development will begin? A: June, 2001 and will be completed in Feb. 2002 if all goes according to schedule. Q: Do you know anything about a sewer improvement zone? A: No. We have no knowledge of a (USA) sewer improvement zone. Q: How tall is the building? A: 30 ft. tall. The project is surrounded by a 4 ft. berm and also, plants, an arborvitae hedge, and a rock wall with raised planter beds to minimize disturbance to neighbors. Q: How will construction equipment access the project? A: Via Grant street; not via the private driveway. Q: How much service traffic will there be? A: There will be no food, janitorial, or landscaping service beyond that of a regular household. Staff lives in the house so there will be no shift changes like there are associated with a normal care facility. There will be normal garbage pickup. • • Q: What happens to the barn? A: It stays. No development is allowed in the area of the barn. We are not proposing any work in that area. Q: How does your project compare to the foster home down the street in terms of ambulance, tri-met handicap bus traffic, and resident wandering? A: We are different than the foster home because our project is on a 2-acre piece of land that gives residents opportunity to be outdoors on the property. The foster home does not have a yard for residents. We will also have a lower acuity resident than most foster homes. Foster homes can be undercapitalized places of last resort for some frail elderly people who cannot find housing and services elsewhere. Unlike some foster homes, our project will not attract residents in need of ambulances on a regular basis. We have our own van service so residents do not need to rely on Tri-met. Q: Do you have a track record with these sorts of facilities? A: No. This is a new concept. We have one under development in Milwaukie presently. You are welcome to visit the Milwaukie facility to see what a house looks like. Q: How can we monitor permitting process? A: You can call us or email us. We are accessible. You can also call the city to review the file. • 0 FISHMAN ENVIRONMENTAL SERVICES LLC CONSULTANTS IN ECOLOGY AND NATURAL RESOURCE MANAGEMENT WETLAND DELINEATION & USA VEGETATED CORRIDOR CONDITION ANALYSIS 12345 SW GRANT STREET, TIGARD T2S, R1 W, NW 1/4 SECTION 2 WASHINGTON COUNTY, OREGON Prepared for: Craig Monaghan The Monaghan Group 13588 SW Marcia Drive Tigard, OR 97223 and WCR Company 12345 SW Grant Street Tigard, Oregon 97223 Prepared by: Stacy N. Benjamin Fishman Environmental Services, LLC Consultants in Ecology and Natural Resource Management 434 NW 6th Avenue, Suite 304 Portland, OR 97209-3600 May 2000 FES Project 99122 0 ~Q0 434 NW Sixth Avenue, Suite 304 Portland OR 97209-3600 phone: 503 224 0333 fax: 503 224 1851 www.fishenserv.com TABLE OF CONTENTS SITE DATA SHEET ...........................................................1 SUMMARY ..................................................................2 1 INTRODUCTION AND BACKGROUND INFORMATION 3 1.1 National Wetlands Inventory 3 1.2 Soil Survey .......................................................3 1.3 Site Elevation and Topography 3 1.4 Floodplain .......................................................3 2 METHODOLOGY ......................................................3 3 SITE CONDITIONS .....................................................4 3.1 Wetland .........................................................5 3.2 Upland ..........................................................5 4 VEGETATED CORRIDOR CONDITION ANALYSIS 7 4.1 Slope Determination 7 4.2 Vegetated Corridor Condition Analysis 7 5 CONCLUSION .........................................................8 6 REFERENCES .........................................................9 APPENDICES ...............................................................15 Appendix A: Wetland Determination Data Sheets Appendix B: Site Photographs Appendix C: Vegetated Corridor Condition Analysis Data Sheets LIST OF FIGURES FIGURE 1. SITE LOCATION MAP 10 FIGURE 2. NATIONAL WETLANDS INVENTORY MAP 11 FIGURE 3. SOILS MAP ......................................................12 FIGURE 4. WETLAND MAP AND SAMPLE PLOT LOCATIONS 13 FIGURE 5. VEGETATED CORRIDOR MAP 14 LIST OF TABLES TABLE OF THE VEGETATION OF THE SW GRANT STREET SITE 5 Fishman Environmental Services, LLC Project 99122 Page i SITE DATA SHEET • Project Name: SW Grant Street/WCR Company Wetland Delineation Project Number: 99122 Staff: Stacy Benjamin Site Visit: December 13, 1999 (wetland delineation) May 25, 2000 (vegetated corridor condition analysis) Agent: Craig Monaghan The Monaghan Group 13588. SW Marcia Drive Tigard, OR 97223 (503) 579-3270 Owner: WCR Company 12345 SW Grant Street Tigard, Oregon 97223 Location: North of SW Johnson Street, west of SW Grant Street and south of Fanno Creek in Tigard. County: Washington Size: Quadrangle: Beaverton, Oregon Lat/Long: 45°25' 51" North; 122°46' 36" West T/R/S: T2S, R1 W, Section 2 NW '/4 Tax map/lots: Adjacent Stream: Fanno Creek Drainage Basin: Fanno Creek is a tributary to the Tualatin River. Floodplain: Fanno Creek has a 100 year flood elevation of 154 feet on the site. The proposed development site is outside the 100 year floodplain. Topography: The site slopes gradually toward Fanno Creek in the north portion of the site, and elevation ranges from 157 in the south to 147 in the north. The banks of Fanno Creek are steeply incised. Soils: (1) Aloha silt loam (hydric Huberly inclusions) & (13) Cove silty clay loam (hydric) Vegetation: Forested/scrub-shrub wetland dominated by common scouring-rush, slough sedge, Himalayan blackberry, red-osier dogwood, Pacific ninebark, Pacific willow and Oregon ash. Uplands consist of sword fern, Dewey' sedge, English ivy, Himalayan blackberry, vine maple, ornamental hawthorn, red alder and Oregon white oak. Zoning: Proposed use: Commercial development Present/Past use: Undeveloped Surrounding areas: Commercial, residential Determination: Forested/scrub-shrub wetland delineated south of Fanno Creek. Fishman Environmental Services, LLC Project 99122 Page 1 • • WETLAND DELINEATION SUMMARY SITE NAME: SW Grant Street / WCR Company SITE LOCATION: North of SW Johnson Street, west of SW Grant Street and south of Fanno Creek in Tigard. T2S, RI W, Section 2 NW '/4, Washington County AGENT: Craig Monaghan, The Monaghan Group OWNER: WCR Company DATE OF SITE VISIT: December 13, 1999 & May 25, 2000 PROJECT STAFF: FES PROJECT: 99122 SUMMARY Stacy Benjamin, Wetland Ecologist The undeveloped site is located south of Fanno Creek. The site contains a steeply sloped old creek channel south of Fanno Creek in the east portion of the site. Wetlands were delineated south of Fanno Creek and the old creek channel. FES previously delineated wetlands in the east portion of the site during our wetland delineation for the City of Tigard's proposed pedestrian trail (Corps 98-334; DSL RF-16167). Commercial development is proposed in the southeast portion of the site, outside the 50 foot vegetated corridor setback and the 100-year floodplain. No wetland impacts are proposed. Hydrology of the site is driven by precipitation and a high groundwater table. Hydrology indicators observed in the wetland included soils saturated in the surface 12 inches during the December 1999 site visit. Soils in the wetland at 10 inches below the surface were a very dark grayish brown (1 OYR 3/2) silty clay loam with dark yellowish brown (10YR 4/6) and olive (5Y 5/4) redoximorphic (redox) concentrations (mottles). Soils in upland areas at 10 inches were a very dark grayish brown (IOYR 3/2) silty clay loam with yellowish brown (IOYR 5/8) redox concentrations. Dominant vegetation in the forested/scrub-shrub wetland consists of common scouring-rush, slough sedge, Himalayan blackberry, red-osier dogwood, Pacific ninebark, Pacific willow and Oregon ash. Uplands dominated by sword fern, Dewey' sedge, English ivy, Himalayan blackberry, vine maple, ornamental hawthorn, red alder and Oregon white oak. The wetland boundary was determined based on changes in vegetation in conjunction with changes in topography. Fishman Environmental Services, LLC Project 99122 Page 2 • SW Grant Street/WCR Company Wetland Delineation May 25, 2000 1 INTRODUCTION AND BACKGROUND INFORMATION At the request of Craig Monaghan, Fishman Environmental Services, LLC (FES) conducted a wetland delineation on the subject site which is located south of Fanno Creek. FES previously delineated wetlands in the east portion of the site during our wetland delineation for the City of Tigard's proposed pedestrian trail (Corps 98-334; DSL RF-16167). During the present investigation we sampled additional areas on the site and flagged the wetland boundary in the south and west portions of the site. The south portion of the site, outside the 100 year floodplain, is proposed for commercial development. We recently completed a vegetated corridor condition analysis to meet current USA requirements. These findings are summarized in Section 4 of this report. 1.1 National Wetlands Inventory Fanno Creek is mapped as riverine, upper perennial, open water with an intermittently exposed/permanent water regime (R30WZ) on the Beaverton, Oregon National Wetlands Inventory (NWI) map (Figure 2). No other wetlands are mapped on the site on the NWI map. 1.2 Soil Survey Soils were mapped on the site by the USDA Soil Conservation Service in the Soil Survey of Washington County, Oregon (USDA SCS 1982; Figure 3). Soils along Fanno Creek are mapped as Cove silty clay loam, which is listed as hydric in the Hydric Soils in Washington County Area, Oregon list (USDA SCS 1989). Soils south of Fanno Creek on the remainder of the site are mapped as Aloha silt loam, which may have hydric Huberly inclusions. 1.3 Site Elevation and Topography The site slopes gradually toward Fanno Creek in the north portion of the site, and elevation ranges from 157 in the south to 147 in the north. The banks of Fanno Creek are steeply incised. 1.4 Floodplain Fanno Creek has a 100 year flood elevation of 154 feet on the site on the Flood Insurance Rate Map, City of Tigard, Oregon, Community Panel No. 410276 0003B. 2 METHODOLOGY The methods for determining the presence of wetlands and delineating wetland boundaries follow the routine plant community methodology of the Army Corps of Engineers Wetlands Delineation Manual (Environmental Laboratory, 1987) used by both the Corps and the Oregon Division of State Lands. Field work was conducted on December 13, 1999. This investigation was conducted outside the growing season (the growing season for the Washington County area is March 23 through November 11 according to the Soil Survey of Washington County, Oregon). Soils, vegetation, and indicators of hydrology were observed at 2 sample plot locations to document site conditions. The Fishman Environmental Services, LLC Project 99122 Page 3 • • SW Grant Street/WCR Company Wetland Delineation May 25, 2000 wetland boundary and stream channels were marked with orange "wetland boundary" flagging tied to lath stakes. Wetland determination data sheets are included in Appendix A. Sample plot locations and wetland boundaries are shown in Figure 4. Photographs of the site are shown in Appendix B. The vegetated corridor condition assessment was conducted on May 25, 2000. Vegetation plot data sheets are included in Appendix C. Reference material used in this study included Reed's National List of Plant Species that Occur in Wetlands: Northwest (Region 9) and the 1993 Supplement to this list, where the indicator status of wetland plants are listed. These indicators include: OBL Obligate wetland (almost always occur in wetlands) FACW Facultative Wetland (usually occur in wetlands) FAC Facultative (equally likely to occur in wetlands or non-wetlands) FACU Facultative Upland (usually occur in non-wetlands) UPL, NOL Upland, Not Listed (almost always occur in non-wetlands) NI No Indicator (insufficient information available or plant is widely tolerant) Plant taxonomy follows Hitchcock and Cronquist (1973) and synonymy follows Reed (1988); synonymy is shown in [single square brackets]. Taxonomy of some species has been changed (Kartesz 1994) and the new nomenclature is shown in [[double square brackets]]. Soils were described with standardized color chips (Munsell Soil Color Charts, Kollmorgen Corporation, 1998 revised washable edition) of hue, value, and chroma and by texture (sand, silt, clay, loam, muck and peat). Other materials used in this study are included in the Reference section. 3 SITE CONDITIONS Fanno Creek flows east through the north portion of the site and then flows under the Grant Street bridge. The east portion of the site contains a steeply sloped ponded area located south of Fanno Creek which was an historic meander in the creek channel. The banks of the old channel are steeply sloped and covered with Himalayan blackberry and English ivy. The site is bordered by SW Grant street on the east, by commercial and residential development on the west and south and by commercial development north of Fanno Creek. Fishman Environmental Services, LLC Project 99122 Page 4 • 0 SW Grant Street/WCR Company Wetland Delineation May 25, 2000 3.1 Wetland Plot 2 was located in the west portion of the site, west of the old creek channel. Vegetation at Plot 2 was dominated by common scouring-rush, ornamental hawthorn, Himalayan blackberry and Pacific willow. Soils were a very dark grayish brown (IOYR 3/2) silty clay loam to 11 inches with dark yellowish brown (IOYR 4/6) and olive (5Y 5/4) redox concentrations below 6 inches. Soils were saturated at 10 inches. Plot 2 was determined to be wetland based on a predominance of hydrophytic vegetation, soil chroma of 2 with mottles, and hydrology. This investigation was conducted outside the growing season (the growing season for the Washington County area is March 23 through November 11 according to the Soil Survey of Washington County, Oregon). Wetland hydrology did not appear to be fully recharged during the December site investigation. Understory vegetation in other portions of the forested/scrub-shrub wetland was dominated by slough sedge mixed with Himalayan blackberry. 3.2 Upland Plot 1 was located east of the old creek channel, approximately 50 feet west of SW Grant Street. Vegetation at Plot 1 was dominated by big-leaf maple, Himalayan blackberry, Oregon white oak and quaking aspen. Herbaceous vegetation covered only 20% of the plot and.was dominated by Dewey's sedge, sword fern and fringecup; leaves over bare ground comprised the remainder of the groundcover. Soils were a very dark grayish brown (IOYR 3/2) silty clay loam to 12 inches with yellowish brown (1 OYR 5/8) redox concentrations in the surface 6 inches only. Soils were saturated to the surface and depth to free water was 9 inches. Although Plot 1 met the soils and hydrology criteria, Plot 1 was determined to be non-wetland based on a lack of a predominance of hydrophytic vegetation (vegetation was strongly upland). The wetness of this plot may be attributed to its proximity to SW Grant Street and the likelihood of past soil disturbance/compaction. Vegetation noted on the site is listed in the table below. TABLE OF THE VEGETATION OF THE SW GRANT STREET SITE Common Name Scientific Name Indicator Status WETLAND big-leaf maple Acer macrophyllum FACU red alder Alnus rubra FAC slough sedge Carex obnupta OBL red-osier dogwood Cornus stolonifera [[sericea]] FACW Fishman Environmental Services, LLC Project 99122 Page 5 0 0 SW Grant Street/WCR Company Wetland Delineation May 25, 2000 TABLE OF THE VEGETATION OF THE SW GRANT STREET SITE Common Name Scientific Name Indicator Status ornamental hawthorn Crataegus monogyna FACU+ common scouring-rush Equisetum hyemale FACW Oregon ash Fraxinus latifolia FACW Pacific ninebark Physocarpus capitatus FACW- creeping buttercup Ranunculus repens FACW Himalayan blackberry Rubus discolor FACU Pacific blackberry Rubus ursinus FACU Pacific willow Salix lasiandra [[lucida var. FACW+ lasiandra]] UPLAND vine maple Acer circinatum FAC- Dewey's sedge Carex deweyana FACU slough sedge (trace) Carex obnupta OBL English ivy Hedera helix UPL English holly flex aquifolium UPL trumpet honeysuckle Lonicera ciliosa UPL black twinberry Lonicera involucrata FAC+ sword fern Polystichum munitum FACU bracken fern Pteridium aquilinum FACU quaking aspen Populus tremuloides [tremula] FAC+ Oregon white oak Quercus garryana UPL creeping buttercup (trace) Ranunculus repens FACW Himalayan blackberry Rubus discolor FACU Fishman Environmental Services, LLC Project 99122 Page 6 0 0 SW Grant Street/WCR Company Wetland Delineation May 25, 2000 TABLE OF THE VEGETATION OF THE SW GRANT STREET SITE Common Name Scientific Name Indicator Status Pacific blackberry Rubus ursinus FACU snowberry Symphoricarpos albus FACU fringecup Tellima grandiflora UPL 4 VEGETATED CORRIDOR CONDITION ANALYSIS 4.1 Slope Determination This analysis was based on slopes <25%. The slope to the south of the sensitive area slopes gradually toward Fanno Creek and the old creek channel. The slope of the vegetated corridor ranges from approximately 5 % to 15%, based on the site topographic survey (Figure 4; ZTec Engineers 1/4/00). 4.2 Vegetated Corridor Condition Analysis Based on aerial photograph analysis, a forested plant community comprises 70% of the calculated 50 foot vegetated corridor, an herbaceous community plant community comprises 25% ofthe calculated vegetated corridor, and the remaining 5% of the calculated vegetated corridor is comprised of a small barn and gravel area (Figure 5). The forested plant community has 175% cover by natives. Tree cover totals 80% and consists of Oregon ash, quaking aspen and red alder. Shrub cover totals 130% and consists predominantly of vine maple, Himalayan blackberry and trumpet honeysuckle. The herbaceous layer is 100% English ivy. The combined invasive/noxious species cover in the shrub and herb layer is 130%. The corridor condition is Degraded. The herbaceous plant community has 5% cover by natives. The dominant species in the herbaceous community consist of bentgrass, hedge bindweed, tall fescue and orchard grass. The bentgrass (Qor ..•ti•.~cl enr~rir~e urae acenmr to ha nnn_1 V n h~cu.i vAlnl V Y r5~ P v k du"LlP1l V Y V A 1 1rLL%,V11 L;f1 1;..11+~UU.~Vl..l ♦ LV R ..1.. ~ab• vu ~ sYvv=v..• uvu w===vim. =v vv aavaa A-a . v vuJVU V b' V11U3 Vllly , 11V L to species. Tree cover is 0%. The invasive/noxious species cover is 15% Himalayan blackberry in the shrub layer. The corridor condition is Degraded. The. vegetated corridor condition analysis data sheets are included in Appendix C. Fishman Environmental Services, LLC Project 99122 Page 7 0 0 SW Grant Street/WCR Company Wetland Delineation May 25, 2000 5 CONCLUSION A forested/scrub-shrub wetland was delineated south of Fanno Creek on the site. The wetland includes a steeply sloped old creek channel south of Fanno Creek in the east portion of the site. The wetland boundary was determined based on changes in vegetation in conjunction with changes in topography. The hydrology of the site was hard to understand, since the upland plot had free water whereas the wetland plot exhibited only saturation. The difference in hydrology between the wetland and upland plots was attributed to the fact that this investigation was conducted outside the growing season (the growing season for the Washington County area is March 23 through November 11 according to the Soil Survey of Washington County, Oregon). Wetland hydrology did not appear to be fully recharged during the December site investigation. In addition, the wetness of the upland plot may be attributed to its proximity to SW Grant Street and the likelihood of past soil disturbance/compaction. Commercial development is proposed in the southeast portion of the site, outside the 50 foot vegetated corridor setback and the 100-year floodplain. No wetland impacts are proposed. We recommend preparing a vegetated corridor enhancement plan to improve the condition of the "degraded" vegetated corridor to a "good" condition to meet USA's requirements. The services provided under this contract as described in this report include professional opinions and judgements based on data collected. These services have been provided according to generally accepted practices of the environmental profession. Wetland boundary delineation is an inexact science, and different individuals may disagree on exact boundaries. The boundaries drawn in this project represent our best professional judgement after examination of the site conditions and background information, taking into consideration the time of year of our delineation. This report is not jurisdictional until reviewed and confirmed by the Oregon Division of State Lands and/or the U.S. Army Corps of Engineers, Portland District (the Corps is currently only reviewing wetland determinations when accompanied by a wetland removal/fill permit application). This report should be submitted to the DSL and the Unified Sewerage Agency prior to the start of construction. We also recommend coordination with the City of Tigard regarding their wetland and buffer regulations. Please contact the undersigned with any questions. Report prepared by: Report reviewed by: Sty n. cam; . Stacy N. Benjamin Wetland Ecologist C. Mirth Walker, PWS Wetlands Program Manager Fishman Environmental Services, LLC Project 99122 Page 8 0 SW Grant Street/WCR Company Wetland Delineation May 25, 2000 6 REFERENCES Environmental Laboratory, 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Federal Emergency Management Agency, effective date March 1, 1982. Flood Insurance Rate Map, City of Tigard, Oregon. Community Panel No. 410276 0003B. Fishman Environmental Services, LLC, 1998. Wetland Delineation: Fanno Creek Trail. Prepared for the City of Tigard. FES Project 97126. Hitchcock, C.L. and A. Cronquist, 1973. Flora of the Pacific Northwest. University of Washington Press, Seattle. Kartesz, J.T.,1994. A Synonymized Checklist of the Vascular Flora of the United States, Canada, and Greenland. Volume 1-Checklist and Volume 2-Thesaurus. Second Edition. In association with Biota of North American Program of the North Carolina Botanical Garden. Timber Press, Portland. Kollmorgen Instrument Corporation, 1998 revised washable edition. Munsell Soil Color Charts. Baltimore. Reed, P.B., Jr., 1988. National List of Plant Species that Occur in Wetlands: Northwest (Region 9). U.S. Fish and Wildlife Service Biological Report No. 88 (26.9). Reed, P.B., Jr., et al., 1993. Supplement to List of Plant Species That Occur in Wetlands: Northwest (Region 9). USDA SCS, 1982. Soil Survey of Washington County, Oregon. United States Department of Agriculture Soil Conservation Service in cooperation with Oregon Agricultural Experiment Station. USDA SCS, 1989. Hydric Soils in Washington County Area, Oregon. USDI Fish and Wildlife Service, no date. Beaverton, Oregon National Wetlands Inventory map. 1:58,000 CIR, 8/81. USGS, 1961, photorevised 1984. Beaverton, Oregon 7.5' topographic quadrangle. Fishman Environmental Services, LLC Project 99122 Page 9 1 inch = 2,000 feet LEGEND Source: USGS Beaverton, Oregon Topographic Quadrangle, 1961, photorevised 1984. 0 0 -0 c /tom Fishman ° g Environmental Services, LLC CONSULTANTS IN ECOLOGY AND NATURAL RESOURCE MANAGEMENT WCR Company SW Grant Street Site Wetland Delineation SITE LOCATION MAP Figure # 1 I Project # 99122 EMIY PFbI ' 1MIY a i' PC)WZx • - 30WZ`, l POWKZx PC W, ' / e Bch: ~_'!'4 7 PEW ISO EMIY ~ l r ~:y 1 POW, 'I A l •QQWKZh. I -Rem1W .Ii F ..11. ,w• .I`1C:LG•T'tl _P~MI~f', :i ^.z-~: - :55 1 i e;1:~•• •sw%._1 r• ')nTCl UT,c~VEh1YS~r f - ' ~ ❑ 1= .-zoo-~.':- ` MIY j,' 54 '9E)Wz,%~'T, ` L-'-rt.~:'-~' •ti.~•'` rV.'_..i,; f7r'.ARD (S.: 7_`14 'f. 1 I't • - PEINl1N • d . SONIZ':o' : "T~: je ' . II \ t _ • " •'G ~ ' ' SITE • • • " ~'v.. 1 CATION ~►SfXZ a _ yy • : ' • . • : _ r J, a EM . RID .P4.n i'' 1• ri 5... r, 4ncn,>>I pF0 EM ' toy P E'MI.Y' Tr* %I ;'!;~ii~ / ';~I' Y: •~~....:~Ynht!L}..~'• " ` t~~~, POWKZ .j~• > :i. EMIY, 1 • 1, , Ty ~ f ~ _ moo DOV.YK~h I { y•'~i ~ 03''' f'!s~m2s€~ n'n, s / 111 J Y"'•~• ' -i . .'I _ '`s... .d , _ _ P_J C.--: ~ . i .e~ ; ~ic'~T.. 1 i .ter . • BM•' ' Z69 ~a'+= • ~r- ~:1:i I ` ~ I'~..I .fir'.? 1{7^`~//: -f*1~:' ~-1_- r St- •t;~•,f,i' -r-• VJ,i°~' f~ - Y 1100- ra:: ac r Ml T;O rte.. A.•,V, 1F . \ i _ ~i... i ' ~~:!%~,s'.; <C••i ~-~i.'li' A iJ.J'~" r~~ .•7•'~ '1 ~'j00'•• ^1'• ~ 1~~ 1 inch = 2,000 feet LEGEND O o WCR Company R30WZ - Riverine, upper perennial, open - 4 SW Grant Street Site water, intermittently exposed/permanent. '01 Fishman Wetland Delineation Environmental Services, LLC NATIONAL WETLANDS INVENTORY MAP Source: USFWS Beaverton, Oregon NWI Quadrangle, CONSULTANTS IN ECOLOGY AND 1:58,000 CIR, 8/81. NATURAL RESOURCE MANAGEMENT Figure # 2 Project # 99122 4 ` P ry r 741 i • c:w .i „*d.W- It _ *YR• 1►~ fir. S. tWZ.~ 4 ST~ , i ~r•, 7S• ,sX: i~ ~ ~ A - r I aF s 45~~ ~Tci~, s{MARL r' .r , x ~ ■ ~ rye,. 'q'.. I w P ~ Y % I I ~ ~ ~ y' '/yJy~~lw~. ' x' ri• Y . y~ ~ k., V,JCR C°mpall Grant Sweet Site lineat1O. De wetland o ` gis 1. O all Lam- ~ ILS 1 inclusions, .:bG..':~-:..%~( gnvironn'en~ SD # ~y~cguberly o q !--•1 ~eNices,LLC PTO~eG 99 ~ oha silt loam Al loam (hy dtic) IN ~C01 o G MENT F l 13 MANA - Cove silty clay u1-TA s E CT~URp`i'RESOURG f ,N~hul~°n county, NAT . tcDA SCS Soil Survey o a-Owl v Na FMW %J! j.: n AAm. FmNO CRM, BRIOOL ~ CHANNEL ~ ~ ! ` i e° / wA as / i) - - - - - - - - - - - - \I 1 _ , P 16•x,,(// - !2"uNn ~ / I6 I I ; }r ^10'VNK 1 i J \tg Mt 1 i ao 1 t+ 1 (J etr~ / \ \e /-'6' 1 1 t0^O ` ~Ii l2rA I ter I / j ~.~C`__,1 W \ i2"O 8"P{(j't~1~W%lY ~f ~i~ tg A ~ _ _/3'/ l VER00 Pit a. IE. r , aj _3J1 - 56-A S2~A ,7 TU, E10 RE ApV 1/ _ '•``+.~~5~ ~~y/ ~ ~^r t.. 2107 1~ {l.~ 16~C NTAIN ~I J J / ~ ( ~L j ~v ls4.o ra J j 1 ( ~ ~14'kS _ _ µC UNKS J1P ~ ~ ~ 16~P / J O 0.~L1~R i~~ CF,WAIIT/AW4AAiWN. LAiEPoK //t0 AC. AVEIA? ~ ~ '1' ? . N IB-T /"l .~.g. _ ~.•l:i $E 0 O O i OARfE1 MiN CWP ~ . LJ - ~',f~`y~+`~f4~,I '1 / ! AT VENt ,p ♦~.:A"- 70"C I O RCNOVC EMSIK 1'C CATCH BAS"' f k5 RIM 155.16 ~ f O RCpO,i CiU10 A PAAOICNi. ~ 6" MV. IN 153.71 OM B INV. OVT 153.46 lN1 / ; ! 1f. ,51.1 7..:• W I / Is a's a ~ 1 / Via. 18•M ~ -Jx/ f Lh / / 5 1_ i(J. _ a f T.l 16d °^SO / Sa _ See o f c.c. sl.s 3 ff NOTES: d xmnx ,S 1A N' 4 a vi1"~is ~f / ~ Jf °uoxtluo~ii. ~css vrOv. tsa , . F fe ire 5 ~ T.t 1900 / GRAPHIC SCALE re e-~- o..+A 60 11. t8°O STORM 157 M.H. P~Ja 1 •j^ T 11284-4 RIM .0 E7T64-4,T W. 154.55 Y LAYOUT I °P PRELIM INAR WCOMPANY C1 N S INC M FOR SR TIUA OREGON ARD, WASHINGTON~COUN'r'~, MC eso TnE: \E22`s'.-•.a"c - ART 2000 ux. K e, N 7-e i ~~VE~ ~ tl72o2 • PROPERTY ~Tec E CITY OF TIC OR PLOT OA D~ ,M a i/v+ BiH. PORTIAND.95 3737 S•E~PHONE: (503) 235-87 C ~..r+nl.~ FAX: (503) 233-7889 (..w.~ L „R i w~~5 BARN LEGEND 0 0 c: Fishman q Environmental H ' WCA aC-000nS CaIVI+c.n i4t' Services, LLC CONSULTANTS IN ECOLOGY AND Source: Spencer B. Gross, photo date 7/96, 2 foot pixels. NATURAL RESOURCE MANAGEMENT I V L: V7 L: I/-%I L: v CORRIDOR BOUNDARY WETLAND BOUNDARY 1 inch = 100 feet WCR Company SW Grant Street Site Wetland Delineation VEGETATED CORRIDOR MAP Figure # 5 ~ Project # 99122 r • • APPENDICES Appendix A: Wetland Determination Data Sheets Appendix B: Site Photographs Appendix C: Vegetated Corridor Condition Analysis Data Sheets Fishman Environmental Services, LLC Project 99122 Page 15 • • APPENDIX A: WETLAND DETERMINATION DATA SHEETS WETLAN ETERMINATION DATA SHEET 87 MANUAL Project a Site:.5LJ County: Lj ate: dL Dater Plot: Applicant/Owner: &-XQ Comba-,4A Sect.(1/4) :I t Township aS Range /10 We, / U Plot Location: I~J4- ea$ - O~ Uenc~ in 14=s+ Topographic Locationf Q ,C+ a ~~a Do normal environmental conditions exist? CAN Explain: Are soils- vegetation VEGETATION *Dominant Plant Species % Cover Ind. Herb Stratum.(% total cover: ;~D ) (5 ft. radius) (Py-r-arc 1 o FAcu a - aC LPL 4.~le~era h~LX U PL 5. u s t-Ar•Srnc.S WL4 *Dominant Plant Species % Cover Ind. Shrub/Sapling Stratum total cover: ) (10' rad.) 1. c~Y Ic n S FAC- 2. ubt is rs~~ S W-LU 4. 5. 6. ~anunC~S r'eDc,1S J Tree Stratum total cover:_100) ('Oft. radius) 7. LA- a~Ll~c~ 3 jP 8. 6p; -P 9. 3. Remarks: e9o% /ea raAmc~ Percent of Dominant Species that are OBL, FACT or FAC (excluding FAC-): JJ % Hydrophytic Vegetation Criterion Met? YES ~ NWI Class SOILS Mapped. unit name: /4101-,2 -5J.4- Gar. Matches Profile? Y Taxonomy: ftrC. Xemd, Drainage C1ass;Ixtw-L.. 2& - Obd-1 U Dept Horizon Matrix Color Mound., Size, Color, on Pores/Peds? Texture, Struct., Other I o-= lp?123~ - Lc->N K 518 S GL , mot, ~ o►~~~ (-11 v 3 a Histosol Histic Epipedon Sulfidic Odor Prob. Aquic Moisture Regime Reducing Conditions (test) Gleyed Mottled (wh 10") Concretions (wh 3", >2mm) Remarks: Hydric Soil Criterion/ Indicators Met?(fE3 NO Hi. Organic Cont. Surf. Layer Organic Streaking Organic Pan On Hydric Soils List HYDROLOGY IG Mlr-t Depth of inundation: Depth to free water:9 Depth to saturation' S(T seeps: 1 ° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift Lines Other: Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology Criterion / Indicators Met? ES NO DETERMINATION: Is this plot a Wetland? YES O Comments: U rcr~f ( 1-a, Determined by: S~-acU \ar~-, i Fishman Environmental Services rev.4/00 hydrology significantly disturbed?(g Explain: WETLAND TERMINATION DATA SHEET - 7 MANUAL Project #:U.~ Site: ,56%) &ra-W, • County: Me: 00 Date: ~oZ R t: Applicant/Owner: C~C,Q on, Sect.(1/4)~1 /VLJTownship~lS Range~&J Un Plot Location: txS-+ I' e7-% osL-~ a a~ Gl. ~ I Topographic Location:- a►r+ea ZoU~0~ Far,no Crete. V Do normal envirommental conditions exist? YWN Explain: Are soils- vegetation hydrology- significantly disturbed? ®Explain: VEGETATION *Dominant Plant Species % Cover Ind. *Dominant Plant Species Herb Stratum total cover: 60 1(5 ft. radius) Shrub/Sapling Stratum 2. 2 S~ol~i 3. 3. % Cover Ind. total cover. -IS ) (10' rad.) a 5 PAC-a+ F- 4. 4. 5. 5. 6. Tree Stratum % total cover:,60) (30 ft. radius) 7. 01 aS iz.."c~c -Z f 8. 2. 9. 3. Remarks:-Cam% olg tAp)-& ~C~G.~ Q~abuS c\tSr-61a- ' a Percent of Dominan Species that are OBL FACW, or FAC (excluding FAC-): 24G = ~O d Hydrophytic Vegetation Criterion Met? NO ftjS LZ(r g 6~ -,P NWI Class~~ks blocKbeou in a rca+(L~ al' AiYE bCA na k.+ti- 0,4Si 4e SOILS + Mapped unit name: Ca(1~- i C) -k4 I Matches Profile? YO Taxonomy: Uer-~ rc T!OL Dra inage Class: I Depth Horizon Matrix Color le Abund., Size, Color, on Pores/Peds? Texture., Other O-(Q ~DYQ3/a IG~ 6-11_ O 3 l l~ne51 sIh j LN 1/6 + nas+ S J, c" L Histosol Reducing Conditions (test) Hi. Organic Cont. Surf. Layer Histic Epipedon Gleyed Organic Streaking Sulfidic Odor Mottled (wh 10") Organic Pan Prob. Aquic Moisture Regime Concretions (wh 3", >2mm) On Hydric Soils List Remarks: Hydric Soil Criterion / Indicators Met? (US-) NO HYDROLOGY Depth of inundation: Depth to free water: Depth to saturation:: seeps: 1 ° Indicators 2° Indicators 2° Indicators Inundated Oxidized Root Channels in upper 12" Local Soil Survey Data ]Saturated in upper 12" Water-stained leaves FAC-Neutral Test Water Marks Recorded Data Available (aerials, gauge)? Explain: Drift-Lines Other: S ace-b p rnof,% can ) U - LWA.111qqJ&---%11^11fq-/, w-1 tc.JL4 L -I-- .,.-L Sediment Deposits Remarks: Drainage Patterns Wetland Hydrology ri erion / I dicato s Met? ES NO DETERMINATION: Is this plot a Wetland? ES NO Comments: C LA4nSi*,at-- 07 Determined S}ao!QQ -.rn Fishman Environmental Services rev.4100 0 0 APPENDIX B: SITE PHOTOGRAPHS SW GRAIPT STREET (WCR COMPANY•ITE Fishman Environmental Services, LLC Project 99122 Photos by S. Benjamin, 12/13/99 Photo 1. Upland Plot 1, view northwest toward old creek channel. Photo 2. Wetland boundary in east portion of site adjacent to old creek channel, view north. Wetland boundary was determined by topographic break. SW GRANT STREET (WCR COMPAR) SITE Fishman Environmental Services, LLC Project 99122 Photos by S. Benjamin, 12/13/99 Photo 3. Wetland Plot 2, view north. Photo 4. Wetland understory dominated by slough sedge and Himalayan blackberry. 0 APPENDIX C: • VEGETATED CORRIDOR CONDITION ANALYSIS DATA SHEETS • 0 Vegetated Corridor Condition Assessment / Analysis (UCCA) for USA Natural Resource Assessment Site: SW Grant Street/WCR Company site (FES Proiect 99122) Investigator: Stacv Beniamin, FES Date: 5/25/00 Community # 1: Forested; 70% of Corridor Plot # 1 Tree Species. % Cover, Native (N)?, Invasive or Noxious - 30-foot radius: 80% cover Oregon ash (Fraxinus latifolia, FACW) 50% native quaking aspen (Populus tremuloides [tremula], FAC+) 20% native red alder (Alnus rubra, FAC) 10% native Shrub Species. % Cover, Native (N)?, Invasive or Noxious (**1? - 30-foot radius: 130% cover vine maple (Acer circinatum, FAC-) 70% native Himalayan blackberry (Rubus discolor, FACU) 30% **invasive trumpet honeysuckle (Lonicera ciliosa, UPL) 20% native ornamental hawthorn (Crataegus monogyna, FACU+) 5% non-native snowberry (Symphoricarpos albus, FACU) 5% native black twinberry (Lonicera involucrata, FAC+) trace, native English holly (Ilex aquifolium, UPL) trace, non-native Herb Species. % Cover. Native (N)?. Invasive or Noxious (**1? - 10-foot radius: 100% cover English ivy (Hedera helix, UPL) 100% **invasive fringecup (Tellima grandiflora, UPL) trace, native bracken fern (Pteridium aquilinum, FACU) trace, native Pacific blackberry (Rubus ursinus, FACU) trace, native English bluebell (Scilla or Endymion species) trace, non-native % Cover by Natives: 175% (tree & shrub layers) % Tree Canopy: 80% % Invasive/Noxious: 130% (shrub & herb layers) Corridor Condition: Degraded Fishman Environmental Services, LLC SW Grant Street (WCR Company site FES 99122 Page 1 of 2 0 0 VCCA for USA Natural Resource Assessment, continued Community # 2: grasses behind barn (herbaceous); 25% of Corridor* Plot # 2 Tree Species, % Cover, Native (N)?, Invasive or Noxious - 30-foot radius: 0% cover Shrub Species, % Cover, Native (N)?, Invasive or Noxious - 30-foot radius: 10% cover Himalayan blackberry (Rubus discolor, FACU). 10% **invasive Herb Species, % Cover, Native (N)?, Invasive or Noxious - 10-foot radius: 115% cover bentgrass (Agrostis species, 50% assume non-native, even though some are native' hedge bindweed (Convolvulus [Calystegia] sepium, FAC) 20% non-native tall fescue (Festuca arundinacea, FAC-) 15% non-native orchard grass (Dactylis glomerata, FACU) 10% non-native- Canada thistle (Cirsium arvense, FACU+) 5% non-native Himalayan blackberry (Rubus discolor, FACU) 5% **invasive curly dock (Rumex crispus, FAC+) 5% non-native catchweed bedstraw (Galium aparine, FACU) 5% native meadow (oxtail (Alopecurus pratensis, FACU) trace, non-native % Cover by Natives: 5% (herbaceous layer) % Tree Canopy: 0% % Invasive/Noxious: 15% (herbaceous & shrub layers) (115% non-native herbaceous layer) Corridor Condition: Degraded *Remaining 5% of vegetated corridor consists of existing barn and gravel area adjacent to barn G:\1999\99122\VCCA_veg plotsmpd ' Agrostis species assumed to be non-native based on vegetative identification to genus only, not to species. Fishman Environmental Services, LLC SW Grant Street (WCR Company site FES 99122 Page 2 of 2 JUN-26-'00 14:07 ID:THE MONAGHAN GROUP TEL NO:6390267 U190.P04 c UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY June 16, 2000 Craig Monaghan The Monaghan Group 13588 SW Morels Drive Tigard, Oregon 97223 RE: Service Provider Letter for Proposed WCR Company Commercial Development at 12345 SW Grant Street, Tigard, Oregon Tax Map 28101 BA, Tax Lot 02000 Dear Mr. Monaghan: The Unified Sewerage Agency (Agency) has reviewed the submitted natural resources information for the above referenced site. Based on the submitted information, sensitive areas as defined by Section 1.02.49 of the Agency Design and Construction Standards (R&O 007) exist on the project site. Consequently, a Service Provider letter from the Agency is required. The purpose of this letter is to provide you with the required Service Provider letter and conditions of approval for the proposed project. Natural Resources Assessment Summary The Natural Resources Assessment (NRA) for the above referenced site Indicates the presence within the site of a reach of Fanno Creek and associated wetlands. Also identified within the site is the 100-year floodplain at elevation 154.0 (USGS datum). Sensitive areas, vegetated corridors and the 100-year floodplain occupy a majority of the northern portion of the site. o Since the sensitive area contains a perennial stream and slopes adjacent to the sensitive area are less that 25%, the required vegetated corridor is 50 feet (Section 3.02.e, Table 3.1, R&O 007), which Is consistent with the results presented in the NRA. The NRA identified two (2) vegetation communities within the 50-foot wide vegetated corridor. Both vegetation communities were identified as degraded due to the presence of InvAgivalnnn-niative ananiaa Proposed Project Information provided to the Agency indicates that proposed development within this site is restricted to the southern edge of the site, outside the 100-year floodplain, sensitive ti~ ~~Y~~~O~m8.a5roD.ra6101Bu1t006Mar4ha6•fJ•o0.aa 155 North First Avenue, Suite 270, MS 10 Phone: 503/648.8621 Hillsboro, Or*90A 87124.3072 FAX: 503,'640.3525 JUN-26-'00 14:09 ID:THE MONAGHAN GROUP 0 WCR Company Service Provider Leiter June 1$, 2000 Page 2 of 4 TEL N0:6390267 • is 190 P05 - area, and vegetated corridor. The Agency commends your endeavors with respect to avoidance of these resources. Although the proposed project avoids impact into the vegetated corridor, requirement of R80 007 includes the provision for a re-vegetation plan to enhance the currently degraded condition of the vegetated corridor into a good classification (Section 3.02.4). As a condition of this Service Provider letter, the Agency requires submittal and approval of a vegetation enhancement/restoration plan, This letter with the attached conditions (Attachment 1) will serve as your Service Provider letter. Prior to construction, a Stormwater connection permit from the Agency or its designee is required pursuant to Ordinance 27, Section 4.13. All other required permits and approvals must also be obtained and complied with under applicable local, state, and federal laws. 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, If you have any questions regarding this Service Provider letter or conditions, please call me at (603) 846-8621. Sincerely, s Alw Ct. S. Alison Rhea Sensitive Area Coordinator /tah ION-26-100 14:09 ID:THE MONAGHAN GROUP wCR company Service Provider Letter Jane 16, 2000 Page 3 of 4 tt l ~ rah ~dlli~ TEL. ND : 6.x90267 .0 Agachrr ent 1; Conditions of Agproval #or the Serytce Prr Ad& Utter ca • WRC Commercial Development at 12345 SW Grant Street in Tigard, Oregon (Tax Map 2S101BA: Tax Lot 02000) Protect Deacrlatlon: Construction of a commercial development and attendant features In order to comply with water quality protection, the WRC Commercial development inust comply with the following conditions: 1. No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the sensitive area which may negatively Impact water quality, except those allowed by Section 3.02.3 (1), (2), or (3). 2. No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the vegetated corridor which may negatively Impact water quality, except those allowed by Section 3.02.4 (a through h). 3. The required vegetated corridor shall be a minimum of 50 feet wide surrounding the sensitive area. 4. Prior to conducting any ground disturbing activity, the vegetated corridor between the development and the sensitive area shell be clearly identified (i.e. surveyed, staked and flagged) in the field to prevent encroachment. 5. Enhancementtrestoration of the vegetated corridor shall be conducted either concurrent with or prior to development of the site. Enhencementlrestoration activities shall comply with the guidelines provided in Appendix E: Landscape Requirements (R80 007: Appendix E). 6. The Agency shall review, provide comment and provide approval of the enhancemenVrestoration plan prior to implementation of the revogetation plan. JUN-226-'00 14:09 I D : THMONAGHAN GROUP WCR CwWany SoMee Provider Letter June 15, 2000 Page 4 of 4 TEL NO:6390267 0 0190 P07 Attachment 1 (continued): Conditions of Approval for the Service Provider LettW Location; Commercial Development at 12345 SW Grant Street In Tigard, Oregon (Tax Map 2S101 BA, Tax Lot 02000) Prolect Descrlptlon: Construction of a commercial development and attendant features 7. For any development which creates multiple parcels or lots intended for separate 6wnership, the Agency or City/County shall require that the vegetated corridors and sensitive area be contained in a separate tract. Tracts shall be fenced or otherwise physically set apart from parcels that will be developed. 8. Appropriate Best Management Practices (BMP's) for Erosion Control in accordance with USA's Erosion Control Technical Guidance Manual shall be used prior to, during and following earth disturbing activities. 9. Within 72 hours of completion of the vegetated corridor enhancement/restoration activities, applicant shall contact the Agency to schedule a site visit to review the enhancement/restoratlon activities. 10. Prior to construction, a stormwater connection permit from the Agency or its designee is required pursuant to Ordinance 27, Section 4.8. OCT 18 2000 11:08 FR ZTEC 503 233 7869 TO 5036535705 P.02i05 ~09~ri0 -7 tP10 4~P Zoe -d n 71 ~w As OaWmlvo 56L8-58Z (£Q5) 19LE-ZOU6 N0WWONVUSOd Ao %M IMNS anu"V 442 3S LELS - '3NI `SH33NIJN3 391Z 0 Me ENGINEERS. INC. 3737 SE 8th Avenue PORTLAND, OREGON 97202-3761 (503) 235-8795 • " Vj c Z ! SKV No. CA=IATWSY N~ CHECKED By SLAW of 8---g o OA7F S•s~ ~ ~ T. 0 2~- C-A L G•~ IAA -c~ d lr34%"S re- 42 J A 1.1 "TY 5 t,~ ~ ~ ~ •.•.a i -rte ~ N► A2..lox: 0.3 G" , ~*j 1 a o y r2 T4.4 40 ~ ^21. 1 x,,.7'7 5-- 4- N s 15 VA V 4--?' In/ J `'1-q - 5'rO Ft i, -re k O.A) 7 r~ CvG Cr PM A./ 5 "ro4 Z-- t_.. Cow? 5 rew S0iE0'd SOLSES980S O1 688L 6E2 Cos 831Z ad 80:11 0002 81 13! CrRAtT SPECIFY STORM OPTION: 1 S.C.S. TYPE-lA RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 11410.36 S.C.S. TYPE-1A DISTRIBUTION 1-YEAR 4-HOUR STORM .36" TOTAL PRECIP. ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN N0. 1 0,85,0.475,98,2 DATA PRINT-OUT: AREA(ACRES) PERVIOUS A CN .0 94.4 IMPERVIOUS A CN .5 99.5 TC(MINUTES) .5 PEAR-Q(CFS) .15 T-PEAK(HRS) .80 VOL(CU-FT) 289 2.0 ENTER [d:I(path]filename(.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: SPECIFY STORM OPTION: 1 3.C.S. TYPE-1A RAINFALL DISTRIBUTION :LATER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) !5,24,3.9 S.C.S. TYPE-IA DISTRIBUTION r******** 25-YEAR 24-HOUR STORM 3.90" TOTAL PRECIP. :-TER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 ),85,0.47,98,2 ATA PRINT-OUT: AREA(ACRES) PERVIOUS A CN .0 85.0 IMPERVIOUS A CN ..5 98.0 TC(MINUTES) .5 PEAK-Q(CFS) .55 T-PEAK(HRS) 7.67 VOL(CU-FT) 6255 2.0 ITER [d:][path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: Stormwater Management Engineering & Research • Page 1 of 4 Stormwater Management continually works to provide innovative solutions that improve the quality of stormwater runoff before it enters receiving streams, estuaries, ponds, lakes, etc. Advancements in our S1101 fly TO technology and the introduction of the StormGateT" High Flow Bypass serve to position Stormwater Management as a leader in the stormwater treatment technologies industry. StormFilteem how does it work? MCA= COMCRM VULT IAX= cam FLOW SPRE M A FUJVt tAMME • Iwo wr awwaftm RMI v r - Gunm ' ART k F VC RK AND FI'RIM= S JOE 4M YALYE'l wti sump 1'K M ~ Ift v,,,Nw•R MRMMM"- SHCNON RlgrW atu : 4ANAM ON 4. CL r ~ nrw ers T>3R STQR"ATF.R. MAMA GPJ&NT M-a 4 A ,F Z M j,* STQP.M T3R~` j Figure 2 Stormwater treatment systems are not the same. While "mechanical" technologies tend to get bundled together, the StormRlterT" is a uniquely different and effective product The StonnR terTM is what its name implies a filter. The StormRlterT" utilizes rechargeable filter cartridges to hold a variety of available filter media. Stormwater Management offers an assortment of patented and commercially available filter media to effectively remove high levels of stormwater pollutants. The appropriate media are selected based on the pollutants expected at the site. The StorrnFilter"" also offers the flexibility of changing to different media in the future if actual pollutant loadings/concentrations differ from expectations. This versatility combined with our comitment to research and development make the possibility of treating virtually any pollutant on any site a http:,'t'www.stormwaterTngt.com/engin.htmi 3/23100 StormfiiterTO Design, Operation & Maintenance / tXIJ I, f-1FCIV / ~ TORJMAIN 77 -:77 WETI ~50 ELEV. 154.0 18 C~._..•.,~ FOUNTAIN ` mow. I DIM 6 / 155. rod y ~ t 2 2( i F.F. 157.5 L/S • r s ITC B~ r L/S E cr2 v r;\ i ly ti ` T • 8"M hoc E 1 U. 157.5 J T. L. 1900 ay'~~ , , ~~cd a T. L, 1800 STORM M.H, RIM 157.8 P INV. 154.55 CATCH B IN p PP RIM I .83/ ZTec E / EXIST. BARN / 1 \ - TIC) *A~A IN// 146 ..:77 777 4.0 18"C s I FOUNTAIN V t ~ -15 \ t~ HO~ 155: 4CT 156 ~ :4~ ~ F.F. 157.5 `LAS 0 f; 'Tai s'-'b6 J \ ` 4.' L/S I 811M " F.F. 157.5 6 L. 1900 o • ,•:•r T.L. 1800 / STORM M.H. 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