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Resolution No. 92-43 CITY OF TIGARD, OREGON RESOLUTION NO. 92- ,�-___ ( IN THE MATTER OF THE ADOPTION OF A FINAL ORDER UPON CITY COUNCIL REVIEW OF A PLANNING CO1414ISSION DECISION TO APPROVE THE VISTA POINT SUBDIVISION/PLANNED DEVELOPMENT APPLICATION (SUB 92-0005, PDR 92-0003, SLR 92-0002, VAR 92--0010) PROPOSED BY MATRIX DEVELOPMENT. WHERE-AS. the Planning Com=,„_,--on revia, ad this case at its meeting of June 22, 1992; and WHEREAS, the Planning Commission approved the application subject to certain conditions of approval (Planning Commission Final Order 92-04 PC); and WHEREAS, the City Council voted on June 23, 1992 to review the Planning Commission decision relative to requiring extension and construction of SW Gaarde Street to the subject property's north boundary; and WHEREAS, the City Council held a public hearing to review the issue at its meeting of July 28, 1992; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The Planning Commission's decision approving the Vista Point subdivision (SUB 92-0005, PDR 92-0003, SLR 92-0002, VAR 92-0010) is hereby upheld with a change in conditions and findings to require the developer to extend and construct SW Gaarde Street beyond Lot 52czith Phase II of the subdivision. Section 2: This resolution is based on the facts, findings, conclusions and conditions of approval noted in the attached Final Order, (Exhibit "A"). PASSED: This day of 1992. yor - City of Tigard ATTEST: City Recorder - City L £ Tigard RESOLUTION NO. 92- 13 Page 1 00 EXHIBIT " A " i CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH INCLUDES FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A 64 LOT SUBDIVISION/PLANNED DEVELOPMENT FOR A 33.8 ACRE SITE. THE REQUESTS ARE MADE BY MATRIX DEVELOPMENT_ The Tigard Planning Commisoion reviewed the above-described applications at a public hearing on June 22, 1992. The City Council called the Commission's deeiaion up for review at the Council's July 28, 1992 hearing. The Council has reviewed and affirmed the Commission's approval of these applications with modifications related to the applicant's responsibilities for constructing street improvements. The City Council has based its decision on the facts, findings, and conclusions noted below. I. SUMMARY OF THE REQUEST CASE: VISTA POINT SUBDIVISION Subdivision SUB 92-0005 Planned Development Review PDR 92-0003 Sensitive Lands Review SLR 92-0002 Variance VAR 92-0010 SUMMARY: The applicant requests Subdivision preliminary plat/Planned Development conceptual plan approval to divide a 33.81 acre parcel into 64 lots ranging in size between approximately 7,000 and 21,950 square feet. Two private open space tracts totalling 6.78 acres would also be created. Sensitive Lands Review approval is requested to allow home construction, road development, and utility construction on elopes in excess of 25 percent and to allow utility construction within a drainageway. A Variance has been requested to Community Development Code Section 18.164.030.M.1 to allow an approximately 200 foot long stretch of a proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. APPLICANT/OWNER: Matrix. Development 7160 SW Hazelfern Road Tigard, OR 97224 ADDITIONAL OWNER: guaestor, Inc. 1990 SW Bundy Avenue, Suite 725 Los Angeles, California 90025 REPRESENTATIVE: OTAR Inc. (David Bantz) 17355 SW Boones Ferry Road Lake Oswego, OR 97035 PLAN DESIGNATION: Law Density Residential _ ZONING: R-4.5(PD) (Residential, 4.5 unite/acre, Planned Development Overlay) LOCATION: West of the intersection of SW 121st Avenue and SW Gaarde Street. (WCTM 2S1 3CC Tax Lot 401 and eastern portion of WCTM 2S1 4 Tax lot 1400). APPLICABLE LAW- Community Usvelopment Code Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.150, 18.160, 18.162, 18.164 and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. DECISION: approval of the Subdivision/planned 0evelopmant rc.i.lazts as well as the Variance and Sensitive Lands Review requests associated with the Subdivision preliminary plat. Approval is subject to several conditions of approval listed at the and of this order. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax lot 401 is 7.7 acres and has approximately 330 feet of frontage along SW Gaarde Street. The property extends approximately 805 feet to the west. Tax lot 1400 is immediately west of tax lot 401. Tax Lot 1400 includes 40 acres in a square shape. The proposed subdivision would include approximately the eastern two-thirds of tax lot 1400, as well as all of tax lot 401. B. Site location: . The site extends westward from the intersection of SW 121st Avenue and SW Gaarde Street. The northeastern-most portion of the proposed subdivision is approximately 450 feet east of Benchview Estates Subdivision and the present terminus of SW 132nd Avenue. C. Existing uses and structures: The site is presently vacant. Tree cover consieting of a mixture of evergreen and deciduous species is found on the western half of the site. Readow and orchard land occupies most of the eastern half of the site. The applicant's exhibit 3 (last page of the applicant's statement booklet) includes a tree inventory for areas that would be directly affected by the development proposal. D. ToRographv and drainage: The property slopes generally from the south to the north. The steepest slopes occur in the south tonorth ravine in the center of Tax Lot 1400. Grades in these areas are approximately 40 percent. Grades on the remainder of the site are in the 2 percent to 25 percent range. (SZG applicant's site analysis map at exhibit B). S. Surrounding land uses: The areas to the east and northeast of the site are generally single family homes on lots larger than the minimum lot sizes of their zones, Page 2 although limited redevelopment potential exists in these areas at this time due to the lack of sanitary sewers in this area. The western half of tax lot 1400 is a rather steep property that is heavily wooded. The Planning commission has previously approved a separate subdivision application (8uB 91-0009) for a 52 lot subdivision on the western half of tax lot 301 (Mountain.Highlands subdivision). No development activity ie occurring on this property. The Benchview Estates subdivision, phases I and II (to be developed) are further west. Large parcels that are generally undeveloped lie to the north. P. Plan designation and zoning: All surrounding properties are designated for Low Density Residential development by the Comprehensive Plan map. Properties to the north and northeast ase within Washington County, but are within the City of Tigard's area of interest for planning purposes. Existing zoning of surrounding properties is illustrated on the vicinity map attached to this report. G. Proposed use: The applicant proposes to subdivide the site into 64 single family residential lots ranging in size from 7,000 square feet to 21,950 square feet as shown on Exhibit A. Two development phases are proposed: 35 lots in phase I and 29 lots in phase II. In general, the smaller parcels are located along the eastern edge of phase II (lots 24-34). The applicant proposes leaving the steep ravine areas on tax lot 4100 as private open space area (Tracts A and B). The only disturbances proposed in these ( areas are for sanitary and storm sewer construction. 6 H. Public service and utilities: The preliminary utility plan (applicant's exhibit D) proposes that the subdivision be served by development of a water main network from the existing water main at the intersection of SW 121st Avenue and SW Gaarde Street and another main on the southern edge of the site. Public storm sewers are proposed within the streets throughout the proposed subdivision with four separate outlets, including one outlet to the existing ditch on the south side of Gaarde Street east of the proposed subdivision. No treatment of storm drainage is proposed. Sanitary sewers are proposed to be extended through the site from 1) an existing sewer in Gaarde Street (this extension is proposed to serve proposed lots 1-15 and 58-67) and 2) from a planned but as yet to be constructed sewer to extend from the northern edge of the site to an existing sewer in SW Walnut Street (this sewer is proposed to serve the remainder of the proposed lote). Exhibit D illuetrate8 possible future extensions of.this sewer within proposed Tract C to serve other nearby properties. . I. Acces= and nearby streets: The proposed development would be provided with access from an e_-xter_sion of SW Gaarde Street from its intersection with SW 121st Avenue. Jurisdiction for SW Gaarde Street lies with both the City of Tigard and Washington County. SW Gaarde is functionally classified as a major �... Page 3 s�s:IDa�eu mm® mnw a$s.,a_si mo aSa �n�m - -- - collector street. Current pavement on Gaarde is approximately 24 feet in width from this point eastward to SW Pacific Highway. No sidewalks are - provided along SW Gaarde and streetlights are few. There are no current plans for widening or improvements to SW Gaarde street in the near future other than the current project for realignment of Gaarde with SW Pacific Highway and improvements in the area of that intersection. SW 121st Avenue abuts the subject property for approximately 330 feet along the property's eastern side. SW 121st Avenue in this area is under the jurisdiction of Washington County. SW 121st Avenue is also a major collector street with approximately 24 feet of pavement, open ditches, few streetlights, and no sidewalks. There are no current plana for widening or improvements to this section of SW 121st Avenue. In general, the proposed subdivision would consist of a local street Paralleling the collector street extension of SW Gaarde, with two streets stubbed to the property to the north and east. In addition, four lots would be located off of an eyebrow street widening an the west side of the Gaarde extension. The proposal also includes stubbing the Gaarde Street extension at the western end of phase I, although right-of-way would be dedicated for the further extension of this street. Right-of-way would be rough graded for street construction in areas abutting lots 46-52. Preliminary street sections on exhibit D indicate that local streets within the subdivision would be fully developed with 34 feet of pavement. The proposed SW Gaarde extension would include 40 feet of pavement. The applicant's statement indicates that the streets within the proposed development will be developed consistent with the standards of Community Development Code Chapter 18.164, except that a variance has been requested . to Community Development Code Section 18.164.030.M.1 to allow an approximately 200 foot long stretch of a proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. The portion of street for which the variance is requested is the proposed north-southlocal street abutting lots 16, 17, and 20-21. The applicant's statement at Section VI addresses the subdivision variance criteria of Code Section 18.160.120. J. Previous applicat-ions affecting this parcel Two separate subdivision applications were submitted in the fall of 1990 for development of both parcels involved in the current application, as well as an adjacent parcel to the west (SUB 90-0011/PDR 90-0007 and SUB 90-0012/PDR 90-0008). Both applications were withdrawn prior to hearings on the requests. in September 1991, the Planning Commission approved the subdivision plan for the 52 lotMountain Highlands subdivision on the western portion of tax lot 1400. That decision also approved the Partitioning of tax lot 1400 into two parcels: the area involved in the Mountain Highlands subdivision and the area involved in the current subdivision application. Neither the partition or subdivision plats have yet been recorded. III.. APPLICABLE APPROVAL STANDARDS The approval criteria for a Planned Development are found at Code Section 18.80.120. The approval standards for a preliminary subdivision plat are listed at Code Section 18.160.060.A. The hearings authority may grant variances to Community Development Code standards if the variance approval criteria of Code Page 4 M Kul �IM ti Section _A.160.120.a are satisfied. In addition, the proposal must also be found to be conui.si.znt with the development otandardc Of the following Code Chapters: Chapter 18.50 (R-4.1 zone); Chapters 14.88 (Solar Access Requirements); Chapter 18.92 (Density Computations); Chapter 18.150 (Tree Protection); and Chapter 18.164 (Street and Utility Improvement Standards). Standards of other Cor=unity Development Code chapters may apply to subsequent dev-nlopment of the subject site but are not applicable to the current review. Comprehensive Plan policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3 also apply to the review of this development proposal. The approval criteria for 8ene-It1ve rand_Review approv-.1 ralative to uevnlopnent or landform modifications on slopes of 25 percent or greater are lisped at Code Section 18.84.040.B. Iv. NPO & AGENCY CO2'=14TS 1. Both SW 121st Avenue and SW Gaarde Street adjacent to the site are under the jurisdiction of Washington County. The County's Department of Land Use and Transportation has reviewed the request and recommends that approval of this subdivision proposal be conditioned upon the following: A. The proposed collector road shall be constructed pursuant to Section C.4.a., b., c., d., and e. of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard. B. Prior to Final AoorOVal/Iasuance of a Building Permit: 1. The applicant shall submit an Access Report per Washington County Resolution and Order 86-95. The County will review this study and condition any necessary improvements prior to _ final approval. Contact Doug Norval, County Wraffic analyst for specific questions regarding the Access Report. 2. The applicant shall dedicate additional right-of-way to provide 33 feet from centerline of SW 121st Avenue fcontage, :including adequate corner radius. 3. The applicant shall sign a waiver not to remonstrate against theformation of a local improvement district or other mechanism to improve the base facility of SW 121st Avenue between SW Walnut Street and SW Gaarde Street., 4. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district or other mechaniam to improve the base facility of SW Gaarde Street between SW 121st Avenue and SW Pacific Highway_ 5. A one-foot Gaon-access reserve strip shall be eatabl£shed along SW 121st Avenue frontage, except at the approved access point (extension of SW Gaarde into the site). The documents need_d e�- complete cgnaitions B.1 through B.5 above shall be prepared bythe Washington County Survey Division and recorded in the Washington County Records Department. �. Page 5 i ( 6. The applicant shall assure that the access to SW 121st Avenue \J will be adequately illuminated through the formation of a street lighting service district, or other as approved by the County Engineering Division. 7. Submit plane, obtain County Engineering Division approval, and obtain a facility permit for construction of the following public improvements. a. Concrete sidewalk to County standard along SW 121st Avenue frontage. b. Adequate roadway drainage along SW 121st Avenue frontage. C. Any traffic improvements required as a result of the applicant's required Access Report and upAA agreement. d. Construction of the 121st/Gaarde/Gaarde westward extension intersection to County standards. These improvements shall be conetructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. C. Prior to Occupancy: 1. The 121st/Gaarde/Gaarde westward extension intersection shall be adequately illuminated as required by Condition B.6. �,. 2. The road improvements required by Conditions 8.7.a., b., c., and d. shall be completed and accepted by the County. 2. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: A. Comprehensive Plan Compliance: The Comprehensive Plan Transportation Map designates the area of the proposed subdivision as a study area. Map note #2 indicates that two options for the extension of Gaarde Street must be considered in this study area. The recommendat ions of the Northeast Bull Mountain Transportation Study Report are one option to be considered. This option would extend SW Gaarde north and west from SW 121st Avenue to connect to SW Walnut Street as a major collector. The proposed subdivision would satisfy this option if the extension is required to be constructed to major collector street standards. The other option to be considered, as specified by the study area notes, is minor collector, extension of SW Gaarde Street west frcm SW 121st to connect with SW 132nd Avenue, as was prsvlously recommended by NPO #3. The NPO has reviewed the proposed subdivision and concluded that; the proposal does adequately qu provide for the NPO•e option. B. Streets: Access to the site is provided from the southwest corner of the intersection of SW 121st and SW Gaarde. Both of these existing \... Page 6 streets are currently under the jurisdiction of Washington county. The Engineering Department has reviewed the County's recommendations for these streets (above). we agree with the county's recommendations except for the following: a. Section 18.164.030A.1.a. of the community Development Code specifically requires that "streets within a development and streets adjacent shall be improved in accordance with this title". Therefore the applicant should be required to install half-street improvements along the frontage of SW 121st Avenue instead of deferring thesei�.prov„:.=^_ts until a lar..al Improvement district is formed. b. The county has requested that the applicant be required to sign a non-remonstrance agreement for future participation in an LID for SW Gasrde Street, east of the site. With reference to Section 18.164 of the Community Development Code, there is no specific requirement that the applicant be required to participate in the improvements for S.W. Gaarde east of the subdivision, be it now or in the future, with respect to this development. The Code specifically limits improvements to roads that front the development and it has been City policy to not extend this requirement to adjacent roads. Therefore, the applicant should not be required to execute a non- remonstrance agreement for future improvements to SW Gaarde as requested by Washington County. The applicant is proposing to extend SW Gaarde Street- as a minor collector street to the west and north. in order to meet the requirements of the Comprehensive Plan's Transportation Map, the Gaarde extension would be required to be built as a major collector street. This proposal would then most both options as required by. the Transportation Map. In addition, the proposed road would be eligible for credits through the county-wide Traffic Impact Fee program. The applicant has indicated that they would install full street improve=ments for the extension of Gaarde only up to the Phase I boundary. From the end of the full improvements, grading only would be provided to the northwest corner of lot 45, and no further improvements would be provided to extend the road to the north property line_ code Section 18.164.030_F.1. requires that streets be extended to the boundary lines of the development. We feel that if and when Phase II is developed, the road extension should be completed by the developer to the north property line. This would be consistent with current City policy. As an alternative, the applicant could be required to dedicate the right-of-way, do the grading, and pay a fee-in-lieu-of construction for the remaining work. The applicant is proposing sev r.a,, streets to serve the interior ofthe subdivision. The streets thatareto be extended are located so that they would serve the properties to the northeast for future development. The internal streets meet city standards except as follows- a_ The applicant should be required to install a temporary turn- around for the local 93t7--eet which would serve Sots 16 through ., 22. The standard requires that roads which terminate and are in excess of 150 feet in length provide a turn-around for fire apparatus until such time as they are extended. .. Page 7 b. The applicant has requested a variance to the maximum grade of 12 percent. The applicant has shown on the preliminary plan a need to propose a local road with a 14 percent grade for a distance of approximately 200 feet, We do not feel this has any detrianental effects to the standards and would recommend approval of the requested variance. C. The applicant should also be required to demonstrate that the road grades can be logically extended and meet city standards. C. Sanitary Sewer: The applicant is proposing to install and emtend two existing sanity ar sewer systems to serves this development. The first system is located in i SW Gaarde, approximately 200 feet east of the proposed development. The existing B inch public line within SW Gaarde has the capacity to handle this proposed development. The second system is located approximately 200 feet south of SW Walnut, in SW Lansdowne. The applicant is proposing to extend the line to the south to serve this development. There are several issues that need to be addressed relative to sanitary sewers: a. Both systema would need to be installed to serve Phase I of the development; while this is not a problem, we wish to bring: at'aention to it; b. There are some lots along the west boundary of the development which show that they would be connected to a proposed future r sanitary sewer line. The proposed line would need to be \_ installed as part of the development; C. The line that is to be extended south from the vicinity of SW Walnut would go through a area that is not within the city limits. The applicant has indicated that it is their intent not to annex the properties where .the extension would ga to the City of Tigard. Therefore, the line .would =:main the responsibility of the Unified Sewerage Agency. in addition, the City would require that prior to any person connecting to the line outside the city limits be annexed into the City or sign a non-remonstrance against annexation, and that access be providedta the sanitary sewer line; and d. There are numerous portions of the sanitary Bawer main line and manholes that are not within the public right-of-way and will causemaintenance problems. Therefore, it should be required that access to the manholes outside of the right-of- way will be assured. D. .Storm Drainage: - The applicant has submitted a preliminary plan for the storm drainage system. Based on the information presented, it appears that it would be adequate to serve the development. Again the applicant has shown two different systems to drain the development. The first system would drain the southeast corner of the development and connect to an existing drainage system located approximately 200 feet east. The second system �_ Page 8 would drain into an existing drainage channel located to the west of the Cdevelopment. The Unified Sewerage Agency has established, and the City has agreed to enforce (Resolution and Order No. 91-47), Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Requiring surface coater quality facilities on this site would result in facilities at various locations that would become a maintenance burden to the City. In addition, regional facilities, funded by fees in-lieu of construction of thea@ facilities, would provide the required treatment for this site and future development. The regional facility would also provide improved reliability and less maintenance. Therefore, the applicant should be required to pay tha fee ir_-lieu of constructing an on-cite facility. Federal, state and local regulations all require erosion control permits for this project. The applicant should apply, through the City, for a joint permit. Application should be made at the time that construction drawings are submitted. 3. The City of Tigard Building Division has commented that private storm drain lines and easements should be provided for lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other Properties. A joint use and maintenance agreement should be recorded for each lot utilizing a common private storm drain. In addition, the finished slope of all lots with cuts or fills should have a maximum slope of 2:1, or else an engineer shall certify the stability of any steeper slopes. This would include the slope and fill from excavation for foundations for the structures. 4. The Tualatin Valley Fire and Rescue District has reviewed the preliminary plat. and has provided the following comments: a. Hydrant locations should be coordinated with the Tigard Water District. b. The Fire District always encourages the reduction of street grades to the minimum possible grade; however, the proposed street grades are within acceptable limits for the District. 5. Tigard School District 23J reviewed the proposal and has noted that the proposed development lies within the attendance areas of C.F. Tigard Elementary School, Fowler Middle School, and the Tigard Senior High School. The proposed development is projected to generate the following additional enrollment at those schools: 20 students at the Tigard School; 2 students at Fowler Middle School; and 1 student at Tigard High School. The School District notes that school capacities are projected to Le exceeded as a result of this proposed development and other recently reviewed and approved developmente %vlthin those attendance areas. The District notes that core facilities of the schools are insufficient to be able to consider portable additions. Additional school capacity may be provided by other options under consideration by the School District,. Including. grade level reconfiguration, rescheduled school year, boundary adjustments, double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. Page 9 6. Neighborhond planning Organization. #3 Chairperson Berman porter provided i testimony at the public hearing regarding the NPO' position on the proposal. NPO 3 recommended approval of the proposed subdivision/planned development subject to the following conditions: a. Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. The intersection of SW 121st and Gaarde should be widened and improved. b. At a minimum, a three way stop should be provided at the 121st and Gaarde intersection with consideration of a traffic signal as traffic increases in this area. 7> Washington ^_c__nj: C ..miry plax-- iCL-0 aing Organizaton 4E has provided the wallowing comments:^� a. The CPO urgas the City to require dedication of the proposed private open space tracts to be developed as an area-wide greenspace network; b. Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. Appropriate safety improvements should be provided at the 121st and Gaarde intersection with TIF fees applied for these improvements. a. The Unified Sewerage Agency has provided the following comments: a. An on-sits water quality facility should be required; ' b. Sensitive areas should be identified. A minimum 25 foot undisturbed buffer should be required from the edge of sensitive areae to tsar lot lanes; C. An erosion control plan should be required to be submitted and approved prior to any construction on the site.- An NPEDES permit should be required for this site since the area to be disturbed would be larger, than five acres in size. 9. Northwest Natural Gas has commented that there are both a 10 inch diameter high pressure feeder main and a 2 inch gas line within the approximate alignment of the Gaarde Street extension in the southeastern portion of the site. The developer's representatives should contact Northwest Natural.Gas tohave the main located. prior to any excavation on the site. 10. The Tigard *Rater District has provided the following comments: a. A 16 inch diameter water main will need to be installed along the SW Gaarde Street extension; b. Utility plans will need to be revised to place water mains on the south and east sides of streets; C. Final approval of the plans for water main location and size, including water meters, will need to be approved jointly by the Fire and Water Districts. _ i ( Page 10 i mom 11. The Metropolitan Area communications commission (cable television) has reviewed the proposal and offered no comments other than that the site developer should contact Columbia Cable prior to the opening of utility trenches. 12. PGM and GTE have reviewed the proposal and have offered no comments or objections. 13. Mrs. Ellen Bechtold, property owner and rsei_dent of tax lot 500 of WCTM 2S1 3CC, provided the following comments to staff: a. The septic tank and drainfield for her house cross the property boundary onto the subject site. She also has stated that the owner of 401 has previoLsly agreed to provide Zor a sewer line extension to her property boundary as per the sales agreement between the Bechtold's and the original purchasers of tax lot 401; b. There. should not be a stop sign for southbound traffic on SW 121st Avenue since traffic stopped for this sign would back up and block existing driveways; c. Mrs. Bechtold would like a solid fence around her property to be Installed prior to the start of construction on the subject site; V. EVALUATION OF REQUEST A. Compliance with Community Development Code Subdivision/Planned DevelozxnentlSeneitive Landes Review ,. 1. The proposed Vista Point subdivision is consistent with the approval criteria for subdivision (Code Section 18.160.060.A) because: a. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential density opportunity for the site and with applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations, except as noted within the accompanying paragraphs that point out specific deficiencies that will need to be corrected. b. The proposed name of the subdivision, Vista Point, Is not duplicative of any recorded plat within Washington County. C. The extension of SW Gaarde Street through the proposed development is laid out so as to conform with the planned collector street connection between SW Gaarde and Sid Walnut Street as illustrated on the Comprehensive Plan's Transportation Plan Map. It will be necessary that: this road be required to be constructed In accordance with Section III.C.4.a of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard, or in other words, It: will need tobe constructed to collector street standards as far west as lot 52. The City Engineer shall be charged withurmIng whether the roadway width may bereduced in width from collector standards. �. Page 11 The planning Commission had determined that as a condition of \, approval of the development plan, the applicar_t should be responsible for grading the remainder of the Gaarde right-of- way to the north edge of tax lot 1400 but should not be required to construct the street improvements beyond lot 52 since the Commission did not find that those improvements were necessary for development of the proposed subdivision. The City Council called the Planning Cammission•s decision u review of that condition of approval. p for City Council, at its July 28, 1992 hearing, upheld the Commission's decision except for that condition which hate been modified to require the applicant to construct imprevements to that section of SW Gaarde. The City Council finds that cw arder Should be extended and improved to the north edge of Tax Lot 1400 for the following reasons: * Code Section 18.164.030.A.1.b states that street or additional street width planned as "may new approved street plan shall bi e d and ipartmproved ean accordance with this code." d in been planned for b This street section has Map Note 2. y Comprehensive Plan Transportation As noted in the introduction to the plan, the plan "Provides a Policy framework for decision making on such matters as...subdivisions_" (Introduction, Page II-4.) The Council interprets this to mean that overall the Comprehensive Plan represents the City's planning policies. The underlying basia for the Council's decision to require the Gaarde Street extension is found in the findings of the Transportation Section on Pages 11-55 and II-56. The Council notes that the Community: Development Code is intended to -Implement the Tigard Comprehensive Plan," g 18.02.010, and the following referenced sections accomplish that policy. The Council considers the following findings from the. Transportation section as mandated guidance from the City's acknowledged plan in evaluating transportation issues for this area of Tigard_ * Major congestion problems within the Cit y have resuld .from the rapid population growth since 1970, creating a need for major street improvements. * The City needs to develop a strategy to public street improvements with ivacoordinate te sec-tor improvements to achieve the Moot effective use of the limited dollars available for road development and improvement. * The major- residential growth during the Planning period is expected to occur in the westerly and southerly areae Of Tigard (the affected lack adequate area)' Both of these areas _ q'u improved traffic ways. Page 12 e * A need exists during the planning period to complete a collector street system between Scholls Ferry Road, Walnut Street, Gaarde Street, Hull Mountain Road and Pacific Highway. In addition to the findings, the Comprehensive Plan Transportation Map, Note 2 specifically states that "A major collector extension of Gaarde Street has been recommended by the Northeast Paull Mountain Transportation Study Report." The Council finds authority for this condition in Transportation Policy 8.1.1, which requires that the City "plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development." Strategy 5 of the Transportation Section states that "[t]he City's Tigard Community Development Code shall require developers of land to dedicate necessary rights-o£-way and install necessary street improvements to the city's standards when such improvements have not been done prior to the developer's proposals. These necessary dedications may be required upon approval of any development proposal." The project site is in the westerly area of Tigard where major residential development was expected and is occurring, and which lacks adequate improved traffic ways. Gaarde Street is specifically mentioned as a necessary collector/cortnector to Walnut Street. This project site is included in the area covered by note 2 in the Transportation Plan, which specifically mentions a Gaarde Street-Walnut Street.connection. This project represents one piece of the development puzzle, the completion of which will provide public improvements to help implement the solutions presented In the Comprehensive Plan. - The Council finds there is a reasonable relationship between the current development of this project and the needs for transportation system improvements, as expressed in the Transportation Section of the Comprehensive Plan and implemented in the Development: Code Sections 18.164.030.A.1.b and 18.164.030.F.1. Code Section 18.164.030.F.1 states "when 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...I The City Council finds that residents of the proposed subdivision would in fact benefit from the section of SW Gaarde beyond lot 53 because that Improved road section will allow more direct travel to the northwest toward Scholls Ferry Road (an arterial) thereby avoiding a circuitous route through neighborhood streets to the east. More importantly, without this road connection, future development on the adjoining land to the north will be cutoff from Gaarde Road access. The resulting pattern of development would be inconsistent with the Comprehensive Plan transportation element because the subdivision would be isolated and residents would be required to use circuitous Page 13 route through raighbonccodo to travel east. The Council ninths W that the improvement of Gaarde Street is reasonably related to the satisfactory future development of the adjoining land, as required by Comprehensive Plan Policy 8.1.1 and Transportation Map Note 2, and City Code. The Council finds that the Gaarde Street extension is neceasary to provide "access" to future development of the adjacent northern parcel. Although the record refers to two possible access points for the northern parcel, saying so does not exclude the possibility that this Gaarde street access would be preferred, were it available. It was not part of the decision for this subdivision to determine the best access points for an unknown future subdivision on another parcel but rather to insure the availability of reasonable access. For the purposes of this code section, and to satisfy the needed planning required by Policy 8.1.1, it is enough to provide the potential for access to a future subdivsion over land being developed through this subdivision. The timing of the development of Gaarde Street is driven by the timing of the development applications for affected parcels. If development of the northern parcel subdivision had been proposed first, then that subdivision would be the leader in providing the access to the subdivision of this parcel and this ext-=nsion of Gaarde Street. After reviewing the repeated references in several _ Comprehensive Plan contexts, the council finds that it is the public policy of the City of Tigard to develop the Gaarde _ Street extension and that ..the primary mechanism for that extension is through improvements associated with new development. The extension is demanded by demands created or increased by new development. Without the maximum extension permissible by Code as a condition of this development, that policy is not implemented. Extension of SW Gaarde is eligible for traffic impact fee credits and this therefore will help reduce street construction costs for the site's developer. The Council also finds that while the area beyond lot 52 has considerable slopes, this area is not necessarily undevelopable. The applicant has apparently chosen not to develop this area at this time because the applicant does not believe current market conditions are such that there would be enough of areturn from lots in this area to offset the construction of a collector street in this area, and also because leaving this area as open space would add to the value of the proposed lots. Bruce Dunlap, the applicant's representative, indicated at the Council hearing that future market considerations could, in fact, makesame of this area buildable. Since this is the rase, the applicant•o decision not to develop this buildable area cannot simply be relied upon as justification for not building this section of roadway. The applicant can now choose to either build this .road section along with the development as currently proposed CPage 14 SH RNA I or alae re•design `'`"',e ----lo nt pui® proposal for a new preliminary subdivision plat review applicatior. knowing that the Council finds that construction of this entire road across the site is the developer's responsibility. d. The proposal -aould provide stubbed local Streets adjacent to lots 20 and 21 and adjacent to lots 30 and 31 to provide for future extensions of the local street network in this area. in addition, the right-of-way for SW Gaarde Street would be stubbed to allow for future extension. Exhibit C of the applicant's statement illustrates how these streets could be- extended eextended to facilitate future development of this area. i e. The subdivision is proposed to be developed in two phases of 35 and 2+3 lots. The proposal to develop the subdivision in } two phases is consistent with the approval Standards for a phased subdivision/planned development (Sections 18.160.05O.c and 18.80.100.8) because necessary public facilities are proposed to be constructed in conjunction with each of the phases and because no temporary public facilities will be required for either phase. A schedule for total development of the site will be required to be submitted prior to development of the initial phase. The total time period for developing all phases of a planned development may not exceed seven years without reapplying for conceptual plan approval. q f. The applicant requests approval of a variance to allow the local street adjacent to lots 16-22 to have a grade of - approximately 14 percent grade for a 200 foot long stretch whereas a maximum local street grade of 12 percent is allowed by Code Section 18.164.030.I3.1 Code Section 18.160.090 authorizes the decision-making authority to grant variances to code Standards if +the requested variance can be found to be consistent with the variance approval criteria of Code Section 18.160.120. The applicant's statement addresses the criteria point-for-point relatl.ve to the requested variance. Service providing agencies and the neighborhood planning organizations have not raised concerns with the requested variance. The length of .road that would exceed 12 percent grade is approximately the same as the 200 foot maximum distance for excessive grade allowed by the new Fire District Standards. The Council concurs with the .applicant's analysis on the requested variance and hereby adopts the applicants's proposed findings as the Council's findings in support of the variance request. These Eindings are hereby made appendix A of this final order. Page 15 f 2. Thoproposa: a- ubdi.vi:.iia an is GvuietexIL wish cite urao nL.ndard. oz thea ( R-4.5 zoning district because the lots are intended to be used for single family detached dwelling unite. The Planned Development overlay zone applied to the parcel provides for flexibility with regard to lot dimensional standards, including lot size. Although not all lots are consistent with the minimum 7,500 square foot minimum lot size of the R-4.5 zone, the average lot size of the proposed lots is wall in excess of 7,500 square feet; therefore, the proposal is consistent with the density allowed for the Bite by the R-4.5 zone. All proposed lots are consistent with the minimum lot width requirement of 50 feet. no special setbacks have been requested. Therefore, standard R-4.5 setbacks should apply to this subdivision 3. The proposed development scheme is consistent with the approval standards for a Planned Development (Chapcer 18.80) as demonstrated by the findings presented for the various Plan policies and Code Chapters applicable to the request. The requirements of the following Code chapters are not directly applicable to the current review, although future improvements on the subject site will need to conform with the requirements of these chapters: Chapter 18.96, Additional Yard Area Requirements; Chapter 18.98, Building Height Limitations: Exceptions; Chapter 18.100, Landscaping and Screening; Cha_r,Lsr 18.106, Parking; and Chapter 18.144, Accessory Structures. Staff Is charged with reviewing the conformance of future improvements with these standards through the building permit and sign permit review processes as well as through continuing Code enforce,nRnt actions. With regard to the additional Planned Development approval criteria, the Council finds that only Section 18.8O.120.A.3.a(i) is directly applicable to the review of this proposal since the other additional criteria relate to commercial or multi-family developments in planned development areas. This particular section states that streets, buildings, and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest extent possible." The proposal does not provide for crossings of the drainageways on the site except as called for by the City's Transportation Plan Hap. The proposal avoids placing development In or adjacent to these drainageways. Instead, the plat wo,,ld ____P_-_ _ 6,78 acre firt--*cr. of the site for private, tree-covered, open space and drainage purposes rather than including this area within lots. Because this area would have very limited recreational potential for the general public and dedication would remove this area from the tax roll, dedication of this area to the city is not considered desirable. Through the subdivision plat recording, this area will be created as common tracts to be owned by the lot owners in the subdivision. 4. The proposal is consistent with the Sensitive Lands requirements of Chapter 18.84, although some site grading within areas in excess of 25 percent slopes will be necessary to facilitate the proposed development. Review of the grading plan shows that grading of areas in excess of 25 percent slope is primarily limited to areas within and abutting proposed public right-of-ways and where necessary to construct sanitary sewer utilities. opportunities to further limit grading of the site are restricted because of the number of building CPage 16 -its_ that must be _ed due to d'e ngl - ly rasi .slava of the protvaad development and the need to provide limited grade public streets. Plans for methods for maintaining slope stability shall be required to be submitted as a part of individual building permit applications for the individual lots. The erosion control requirements that now apply to development within the Tualatin River basin require that an erosion control plan be filed and followed during development of a subdivision as well as prior to construction of individual hove=_ 5. Exhibit 5 of the applicant's statement contaire a solar access evaluation demonstrating consistency with the solar access requirements of Chapter 18.88. Code Section 18.88.040.8 allows the hearings authority to reduce the percentage of lots that must inset the solar access doeign standard if certain conditions relative to the site (such as slope, existing shade, or existing or planned road Patterns) make it difficult or impossible to fully comply with the solar access design standards without adversely impacting the development's permitted density and cost or amenities. The applicant requests, and the Council concurs, that lots 25-33, 38-43, 47, 50 and 51 should be exempted from the solar access calculation because the collector street alignment through this site required by the Transportation Plan Map, along with collector street access spacing standards, dictates a parallelling local street and a concomitant number of lots with an east-west orientation. In addition, lots 46 and 63 are exempted due to northwestward facing slopes in excess of .20 percent. Of the remaining 43 lots not exempted for the above causes, twenty-two other lots satisfy the d., basic solar requirement of a front lot line orientation within 30 degrees of a true east-west orientation and a minimum north-south dimension of 90 feet as .shown on the applicant's solar access evaluation sheet. Seven other lots (lots 6, 7, 8, 17, 20-22) are proposed to have solar building lines recorded. Lots 23, 24, 35, 52-55, and 63 are exempted under the basic 20 percent exemption. Therefore, eighty percent of the .lots not exempted for cause would meet the solar access design standard. Tho proposed subdivision is therefore consistent with the requirements of chapter 18.88. 6. The proposed subdivision complies with the density standards of Chapter 18.92 because the 18.31 acre net developable area of the is:Lto (after deductions for streets and excluding original slopes of 25 percent and greater) yields an opportunity for 106 dwelling units under the R-4.5 zoning designation. Sixty-four single family . residential lots are proposed. The applicant's submittal includes a density calculation. 7. Chapter 18.150 requires that the number o£ trees over six inches in diameter that are removed during construction be minimized. The proposed development's public streets, utilities, and residences and related grading will necessitate the removal of a number of apple trees on the eastern portion of the site as well as several fir trees adjacent to lots. 39, 45, 46, 47, 62, and 63. In addition., trees will need to be removed within Tract E for installation of sanitary and storm sewer facilities. However, the majority of the site area proposed to be developed is open field and will not / require any tree removal. Page 17 ®+JR 15 11115 _ E The nrali:.ina- plat is reasonably designed with respect to f min-1-1iring trey, removal. However, special care should be given in the development of final grading and limit tree removal, especiallyg g public utility Ilene to further be allotaed unt in Tract B. No tree removal should it review and approval of a tree removal permit. The Commission should require the developer of the site to provide for an arborist's analysis of the tree removal plans with the arborist being requested to recommend to staff protective measures to be employed during site construction to protect trees to be retained. 8. The proposed subdivision's streets and other public improvements, with modifications recommended by staff, comply with the requirements Of Chapter 18.164 because: a_ The applicant will be required to dedicate additional right- of-way for SW 121st Avenue and SW Gaarde Street to major collector street standards adjacent to or through the site. As noted above, the applicant will be required to improve SLd 121st Avenue and the portion of SW Gaarde Street to major collector standards with development of phase one, and the applicant will be required to construct improvements to SW Gaarde beyond lot 53 to the northern edge of the property with phase IY for the reasons described in la above. Construction of thaae major collector streets by the developer will qualify for traffic impact fee credits for the individual lots in the subdivision. b. Internal subdivision Streets should be able to be developed consistent withCity standards for local streets, except for theahost stretch of the street adjacent to lots 16-22 which is recommended to be allowed to exceed the 12 percent grade Standard as described above. c. The preliminary plat provides for street stubs to the north to provide for a future further extension of SW Gaarde.Street and to the east to allow for apossible local street network connection eastward to SW 121st Avenue. When the subdivision is built, reserve strips and barricades should required to be provided for these street stubs_ The stubs should be posted with signs indicating that future extension of theses streets ` is 'A't+r;=ateg r+4 th future deve=lopment. d. The. proposed lots are consietent with Code standards for maximum lot depth-to-width ratio and other lot dimensional Standards, except for lots 18 and 19 which do not provide the required minimum 25 feet of frontage required by Section 18,164.060.B for lots created through the subdivision process. It is Staff's understanding tha4z the minimum lot frontage requirement is at least partially intended to discourage the creation of flag lots such as these two lots. The applicant has not requested a variance to the minimum frontage standard, and even if a variance had been raqueated, the Council doubts whether we could approve such a variance. The applicant will need to revise the plat in this area to provide minimum 25 feet of frontage on a street other than an alley for these lots. This standard could be met by placing a private street Page 18 i i in thin area, as long as the private street is consistent with ( the standards of Code Section 18.108.070.A. 2f an east-west private street is utilized, lots 17 and 20 could be oriented towards the private street in a manner that should increase the development's compliance with the solar access standards. e. Access to SW Gaarde Street and SW 121st avenue should be prohibited for all lots which would have frontage along these collector streets. These lots as well aus all other lots can receive access from local streets or the proposed knuckle fronting lots 61-64. C. Compliance With Comprehensive Plan Policies - Subdivision/Planned Development/Sensitive Lands Review/Variances 1. The Subdivision/Planned Development proposal is consistent with Plan Policy 2.1.1 because notices of the application and the public hearings on this item were provided to the neighborhood planning organization and to owners of property in the vicinity of the site. The proposed site has been posted with a sign noting that a development application on this site was pending. The Commission conducted a hearing on this proposal, on June 22, 1992. On July 28, 1992, the Council held a public hearing on the review of the Commission's decision. Therefore, a substantial opportunity has been provided for the public to comment or. this development application as is required by this policy. 2. Policy 3.1.1 is satisfied because the Code allows development of hillsides that are steeper than 25 percent when sufficient detailed Information is provided which shows that adverse environmental erosion or slope instability will not result. The applicant has submitted a general description of the site; howover, specific techniques for mitigating any potential problems related to steep slopes have not been described. Significant construction difficulties are not anticipated for development in these areas provided that appropriate construction and erosion control measures are employed. Since many Issues regarding slopes are site specific, it shall be required that methods for maintenance of slope stability and erosion control be submitted for approval in conjunction with aha datailed grading and public improvement plans and building permits with particular attention being paid to grades over 25 percent. As recommended by the Building Division, finished grades on lots with cuts or fills shall be limited to a maximum 2 to 1 slope or else an engineer shall be required to certify the stability of the greater slopes. 3. .The proposal is consistent with Policy 3.4.2 because the development application is being reviewed through the Planned Development process and because wildlife habitatalong drainage corridors will be protected through the establishment of private open space tracts along the drainage corridor on the site. The private open space tracts should serve to limit tree and understory vegetation removal In the drainagaway to only what is necessary for utility construction. The undeveloped nature of this area will allow the vegetative understory to return after construction. Page 19 4. The proposal is consistent with Policy 3.5.1 because 6.78 acres of long-term open space will be provided for by tracts A and B which + will be commonly held and maintained by the residents of the subdivision. Mature trees will be retained in these areas except for, trees that must be removed to construct utilities. Because of the steepness of these areas, their usefulness for active recreational opportunities, are limited. The comprehensive Plan's greenways map does not call for these areas to be required to be dedicated for greenway/open apace purposes. In order to provide better opportunities for residents of this subdivision to have access to the open space tracts and to also provide better pedestrian circulation for other purposes, a minimum 10 foot wide pedestrian pathway tract, or extension of tract A, will be required between the north-south street in Phase 2 and the extension of SW Gaarde Street. This may require that the pathway be provided in a relatively steep area; therefore, the pathway to be provided by the applicant may need to be either a stairs or else may need to be a soft-surfaced pathway. The applicant should work with the Engineering Department with regard to the location of the pathway, its construction, and pedestrian warning signs on SW Gaarde Street. 5. In order to comply with Policy 4.2.1, a condition is warranted to require the developer to eubmit an erosion control plan ensuring compliance with erosion control standards for the Tualatin River - basin, as part of the grading permit application. 6. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and 7.4.4 because the applicant will be ieiTu irad tO zSzte nd public cower and t water systems to this site prior o development or elsethe development of this site will be dependent upon others extending thasa utilities to the property. Extension of a sanitary sewer to serve this area is presently being contemplated by the Unified Sewerage Agency. The prospective developer of this subdivision may need to work with USA to assure that the extension will be constructed prior to expiration of approval for the proposed development plan. The Tieard Water District did not raise any significant concerns with regard to the District's ability to provide for the additional water demand created by the proposed subdivision although the Water District. has pointed out revisions that will need to be made to the applicant's preliminary plans for extending water service through the site. In addition, development of this site will require provisions for underground inatallation of phone, electricity, and cable television lines. No significant concerns were raised by the providers of these utilities. 7. The proposed development would provide for a safe and efficient street system as required by Policy 8.1.1 for the reasons stated in sections 1 and 8 of the section above describing the proposed subdivision/planned development's consistency with Community Development Code public road requirements. Page 20 8. The subdivision proposal complies with Policy S.i.3 because required i.mnrOvemer_ts to t public 8traete and utilities within. ithin this proposed subdivision will be consistent with City of Tigard standards, except as specifically recommended for the variance to the local street zadient standard. VI. CONCLUSION AND DECISION The Tigard city Council concludes that the P--Pposed subdivision/planned development., with minor modifications, will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding land uses, provided that development that occurs after this decision complies with applicable local state and federal laws. In recognition of the findings and conclusions contained herein, and incorporating the staff report and other reports of affected agencies and public testimony and exhibits received in this matter, the Council approves Subdivision/Planned Development Review proposal SUB 92-0005/PDR 92-0003 and the associated Sensitive Lando Review SLR 92-0002 and Variance VAR 92-0010 requests for the proposed Vista Point subdivision subject to the conditions which follow. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHP_;,i.BE SATISFIED AND PUBLIC IMPROVEZ-MNTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, STAFF CONTACT IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT. 1. The preliminary plat shall be limited to the creation of 64 lots. All lots shall be fury di--c nsicned on the - plat and shall be consistent with R-4.S.zoning district dimensional requirements. Lots is and 19 shall be revised to provide for a minimum 25 feet of road frontage. (A private street consistent with the standards of Code Section 18.108.070.A may be developed in this area to meet this standard. Any such private street should be located in a tract separate from individual lots. Ownership and maintenance responsibilities for this road should be specified on the plat and/or the covenants, codes, and restrictions for the subdivision.) Tracts A and B shall be platted as a common open space tract for the subdivision to be maintained privately by the homeowners in vista point "'=divi slo-n The ma.ner by which these tracts are to be maintained byVt._e homeowners association shall be approved by the Planning Division. The plat shall be revised to provide anextension of Tract A to the proposed north-south street in Phase Two in order to provir?e access to Tract A for all residents of the subdivision. Alternatively, pedestrian access to Tract A may be provided by easement3 across lots from the strot to i8xe traot. Access to the tract shall be provided by a minimum 5 foot wide soft surfaced trail. STAFF CONTACT: Jerry Offer, Planning Division. 2. The subdivision/planned development may be constructed In two phases as Proposed. Total development time for the proposed planned development may not exceed seven .years. Page 21 3 IMMil t V or MW RIM W Flm� Any tree oval or t/ 3. Planninq Divisi n through grading ron-this property must be approved by the of the gradin = a Erna removal permit and approval g plan. Trees over sixInchesin diameter shall be removed only as necessary to construct otreots, utilities, and residences. Tree removal Permits will be necessary for two stages: Public right-of-way and utility construction and lot preparation. The applicant shall provide for an arborist to review the plans for grading and tree protection. The arborist ar the Planning Division may prescribe protective measures for trees to be retained on the site. Areas not covered by structures or impervious surfaces shall be re-vegetatedas soon as possible after completion of grading. A copy of the tree removal permit and approved grading plan shall be available on-site during all tree removal activities. STAFF CnNTACT: Jerry Offer, Planning Division. 4. A grading plan shall be submitted showing the existing and proposed contours including elevations at the corners of the lots tied to the top Of curb elevations, as shown in the public improvement plana. If trees are to be removed as part of grading activities, the grading permit is not valid without a tree removal permit also being issued. 5. An erosion control plan shall be provided as part of the pub improvement drawings. The plan shall conform to -Erosion control Plansic Technical Guidance Handbook, November 1989.^ 6. No construction plans for this subdivision shall be approved until the Engineering Department has received evidence that right of way has been dedicated and assurance has been posted to assure construction of improvements to provide public roadway access to the subdivision consistent with City roadway standards. 7. No construction plans for this subdivision shall be approved until the Engineering Department has receivedevidence that sanit will be made available to the aro sewer service off-site a property and that construction of necessary sanitary sewer linea is assured, 8. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review Departmento the Engineering Department:. .Seven (7) seta eP approved drawings and one (1) itemized construction cost estimate, all Prepared by a Professional Engineer, shall be submittedfor final review and approval (NOTE-- these plane are in addition to any drawingsrequired by the Building Division and should only include sheets relevant to public improvements. Approval 9. approved tp the requested variance to the 12 percent grade standard is a maximum grade of 14 percent for a distance no greater that 250 feet. 10. The applicant shall be zRquired to pay t:h-- --- 1 leu OR construction a- water quality facility as established under theguidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee. The first portion is paid with the public improvements which is for that portion of the development which increase the impervious area within the public right-of-way. The second portion is paid at building permit Issuance which is for each individual lot. 11. The applicant shall provide for a temporary turn around at the terminus of the local street .which serves lots 16 through .22. Page 22 12. The applicant shall submit a traffic study per Washington County Resolution and order 86-35. The City and County shall ravlow this study and condition any necessary improvements at the SW 121st and Gaarde intersection prior to final appy..^val of the construction plans. 13. The applicant shall dedicate additional right-of-way to provide 33 feet from centerline of S.W. 121st Avenue frontage, including adequate corner radius. 14. The applicant shall investigate whether the septic tank and/or drainfield for the residences on tax lot 400 of WCTM_ 251 3CC to the north are located on the subject site. If the septic system(s) intrudes onto this property, the applicant shall show how development of this property will not violate standards for the placement of septic systems or else shall arrange for the Connection of these residences to the sanitary sewerage system. STAFF CONTACT: Brad Roast, Building Division. 15_ As part of the public improvement plans, the applicant shall apply for and provide the necessary information to obtain a "Joint Permit" for erosion control. 16. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 17. The SW Gaarde Street extension shall be built to major collector standards From SW 121st Avenue to proposed Lot 52. Prior to or concurrent with construction of phase II, the applicant shall constrict the SW Gaarde Street extension to the northern edge of the subject parcel. is. Full width street improvements (including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitarysewers, storm drainage, streetlights, and underground utilities) shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards; except for the SW Gaarde Street extension which shall be built to major collector standards. 14_ Profiles of SW 121st Avenue, SW Gaarde Street, the proposed SW Gaarde extension, and the local internal streets that may be extended shall be required to be submitted. The profiles shall extend 300 feet beyond the subject site showing the existing grade and potential future grades. 20, Tha aPP111c:unc shall submit plane, obtain Washington County/city of Tigard Engineering Division approval, and obtain a facility permit from Washington County for construction of the following public improvements: a. Standard half-street improvements, includingconcrete sidewalk. driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be Installed along the site's SW 121st Avenue frontage. b. Any traffic improvements required by the City and County in response to the applicant's required traffic study. c_ Construction of the 121st/Gaarde intersection to County standards. Page 23 21. The applicant shall assure that the access to SW 121st Avenue will be adequately illuminated. Plans shall be approved by the Washington County Engineering Division. 22. Construction of the proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, a developer-engineer agreement has been executed, and all permit fees have been paid. 23. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicants engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. 24. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance assurance or letter of commitment. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate maintenance bond. 25. One-foot non-access reserve strips shall be established along all SW 12193t Avenue and Gaarde Street frontages, except at approved access locations. 26. The finishedslope of all lots with cuts or fills should have a maximum .t slope of 2:1, orelse a professional engineer shall certify the stability a,. of any steeper slopes. Prior to the issuance of building peroits for construction on all lots with slopes in excess of 25 percent, building permit applicants shall demonstrate that the proposed structure will be sited and designed to ensure structural stability. Foundation plans shall be stamped by a registered engineer. Approved erosion control measures shall be employed throughout the construction process on individual building lots. STAFF CONTACT: Brad Roast, Building Division (639-4171). 27. Private storm drain lines shall be provided £or lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other *•mrtie --nt .:aa —d maintenance agreement should be recorded for lots utilizing common private storm drains. STAFF CONTACT: Brad Roast. 28. Utility plane will need to be revised to place water mains on the south and east sides of streets. A 16 inch diameter water main will need to be provided along the SW Gaarde Street extension, unless a smaller diameter main is approved by the Tigard Water District. Final approval of the plans for water main location and size, including water meters, will need to be approved jointly by the Fire and Water Districts. The applicant shall be responsiblefor providing the City with proof of. the Water District and Fire District's approval of the revised water service plan. �, Page 24 APPROVAL SHPILL BE VALID ONLY IF THE FINAL PLAT FOR PHASE ONE IS SUBMITTED FOR ( APPROVAL WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. THE MAXIMUM TIME FOR COMPLETION OF ALL PHASES OF THE APPROVED PLANNED DEVELOPMENT IS SEVEN YEAS. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. PASSED. This day of August, 1992, by the City Council of the City of Tigard. Gerald Edwards, Mayor Tigard City Council Jo/Vista Point Page 25