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Resolution No. 96-68 CITY OF TIGARD,OREGON c ,. RESOLUTION NO.96-/-0 i. A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING THE HILLSHIRE HOLLOW SUBDIVSION(SUB)96-0004,PLANNED DEVELOPMENT REVIEW(PDR)96-0002,VARIANCE ' (VAR)96-00006 AND SENSITIVE LANDS REVIEW(SLR)96-0002 t { 4 , WHEREAS,the applicant requested Subdivision approval to divide a 6.08 acre parcel into 24 lots. The " applicant requested Planned Development Review approval to reduce lot sizes below the 5,000 square foot ^t�^,?" ° minimum. The applicant requested Variances to allow a street length longer than 400 feet for a cul-de-sac, 3�k to allow the street to provide acres to more than 20 dwelling units and to allow a reduction to the rear yard „ setback from 15 feet to minimum Uniform Building Code requirement for Lots 11-14. The applicant also �y s € requested Sensitive Lands Review for portions of the site with slopes in excess of 25%and to fill wetlands. # i� WHEREAS,the City Council held a Public Hearing on October 22, 1996 to consider the proposed development applications. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: „ pt7 SECTION 1: The proposal is consistent with all of the relevant criteria noted in the attached final ' order(Exhibit A). ti SECTION 2: The City Council upholds the Planning Commission's recommendation for approval of the development with Conditions of Approval. The Conditions of Approval allow this k development to go forward with the.use of private streets throughout(Exhibit A). 1 SECTION 3: The City Council, therefore, orders Ulat Subdivision (SUB) 96-0004, Planned Development Review(PDR)96-0002,Variance(VAR)96-00006 and Sensitive Lands Review(SLR)96-0002 be APPROVED,and further orders that the City Recorder send a copy of the final fiinal resolution as a Noticc of Final Decision to the parties in this case. PASSED: This _dayof_l_l��12VI' 6, -City of Tigard f .? ATTEST: s, City Recorder-City of Tigard t r<�nw�awesvMim„t e« RESOLUTION NO.96Al - Page I t w, n?i 4�. ?. EXHIBIT A CITY OF TIGARD,OREGON 7 I CITY COUNCIL - w FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A SUBDIVISION,PLANNED DEVELOPMENT REVIEW,VARIANCE,AND SENSITIVE LANDS REVIEW. 't .SECTION I: APPLICATION SUMMARY CASES: FILE NAME HILLSHIRE HOLLOW SUBDIVISION h' Subdivision SUB 96-0004 Planned Development Review POR 96-0005 Variance VAR 96-0006 Sensitive Lands Review SLR 96-0002 PROPOSAL: 1. The applicant has requested Subdivision approval to divide a 6.08 acre parcel into 24 lots.The parcels would range in size from approximately 1,983 square feet to 6,029 square feet 2. Planned Development Review approval to reduce the minimum lot size below a 5,000 square feet. 3. Variance approvals to allow the street length at greater than the 400-foot length for "w a cul-de-sac,to provide access for more than 20 dwelling units and to reduce the rear yard setback from 15 feet to the minimum allowed by the Uniform Building Code. 4. Sensitive Lands Review for portions of the site in excess of 25%,to perform land form alterations,and to fill wetlands. APPLICANT: Prime Sierra Partners OWNER: Same -' P.O.Box 1754 ' ,) Lake Oswego,OR 97035 1; COMPREHENSIVE PLAN -DESIGNATION: Medium Density Residential(7 to 12 units per acre). c (' ZONING DESIGNATION: R-7.Single-Family Residential/Planned Development Overlay. 'LOCATION: : 13011 SW Ascension Drive; (WCTM 2S1 04C6,Tax Lot 02100) " r•' APPLICABLE " "REVIEW CRITERIA: Community Development Code Chapters 18.52, 18.80,18.84, 18.88, 18.92, 18.100, 18.120,18,134,18.150,18.160,and 18.164. C G FINAL ORDER SUB 96-00041POR 96-OODSNAR96-OOne/SLR96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE t �„- S �, s SECTION uc DECISION ..s The City Council affirmed the Planning Commission decision and APPROVED this " development request finding that the proposed development will not adversely affect the health,safety and welfare of the City. 5 CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT FOR ALL CONDITIONS IS BRIAN RACER WITH THE CITY OF TIGARD ENGINEERING DEPARTMENT AT(503)639-4171. a public improvement permit and compliance 1. Prior to approval of the final plat, agreement is required for this project. Five(5)sets of detailed public improvement plans vie and profile construction drawings shall be submitted for preliminary review re...,..:^: to the Engineering Department. Once redline comments are addressed and the plans are v revised,the design engineer shall then submit nine(9)sets of revised drawings and one (1)itemized construction cost estimate for final review and approval(NOTE:these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall. 2. As a part of the public improvement plan submittal,the Engineering Department shall be provided with the name, address,and telephone number of the individual or corporate entity who will be responsible for executing the construction documents and financial :., assurance for the public improvements. , 3. The structural section of the proposed private street shall be built to meet the public local residential street standard. 4. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 5. The applicant shall prepare Conditions,Covenants and Restrictions(CC&R's)for this gg4 project,to be recorded with the final plat,that clearly lays out a maintenance plan and agreement for the proposed private street and provides notice in BOLD PRINT that the streets in the subdivision are private streets. The CC&R's shall obligate theprivate - property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance of the street. The applicant shall submit a copy of the CC&R's to the Engineering Department(Brian Rager)prior to approval of the final plat. 6.. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department. ? C.C.FINAL ORDER SUB 95-000AfPDR 96-0005NAR 96-0 MSLR 96-0802-HILLSHIRE HOLLOW SUBDIVISION PAGE 2 { 1 k 3 .,. 7. The applicant shall provide a minimum of an eight-inch public water line within this project. 8. No connection shall be made to the existing 12-inch water line in the Hillshire Creek Estates Subdivision until the Tigard Water Department has formally accepted the line as complete. 9. Sanitary sewer and storm drainage details shall be provided as part of the public mnrovement pians. Calculations and a topographic map of the storm drainage basin and sanitary sewer service area shall be provided as a supplement to the public improvement pians. Calculations shall be based on full development of the serviceable area. The location and capacity of existing, proposed, and future lines shall be addressed. E 10. Any connection to the existing sanitary sewer line within the Hilishire Creek Estates Subdivision shall be approved by Unified Sewerage Agency (USA). Any permits necessary from USA shall be obtained by the applicant prior to issuance of the City's public improvement permit. No connection shall be made to this sewer line until USA has formally accepted the line as complete. 11. The applicant shall clarify how Lots 15 through 22 will be drained. Either the storm line in the street will need to be deepened,or the applicant will have to install a private storm " line behind these lots. 12. Prior to issuance of the public improvement permit,the applicant's design engineer shall , submit documentation,for review by the City(Brian Rager),of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site .constitutes 10 percent or less of the total tributary drainage volume,but in no event less than 114 mile. ;u 13. if the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25-year design storm event due directly to the development,the developer shall correct the capacity problem or construct an on-site detention facility. 14. Final design plans and calculations for the proposed public water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans._Included with the plans shall be a proposed landscape plan to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard en the final plat. As a part of the improvement plans submittal,the applicant shall submit an Operations and Maintenance Manual for the proposed facility for approval by the Maintenance Services Director. The facilities shall be maintained by :..the developer for a three-year period from the conditional acceptance of the public improvements- A written evaluation of the operation and maintenance shall be 'submitted and approved prior to acceptance for maintenance by the City. PAGE 3 C C.FINAL ORDER SUB 95-Q IPDR 96-0005NAR 95-0OO6ISLR 95-0002-HILLSHIRE HOLLOW SUBDIVISION 15. The applicant shall provide a maintenance access road to the water quality facility and any drainage structures within the facility to accommodate City maintenance vehicles. 16: An erosion control plan shall be provided as part of the public improvement drawings. The pian shall conform to"Erosion Prevention and Sediment Control Plans-Technical Guidance Handbook,February 1994" 17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be"pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code(UBC). 18. The applicant shall provide a geotechnical report for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final .i grading plan. A final construction supervision report,per Appendix Chapter 33 of the ` I UBC, shall be filed with the Engineering Department prior to issuance of building permits. 19. Prior to issuance of the public improvement permit,the applicant shall submit a copy of } a Department of Sensitive Lands (DSL)/Army Corps of Engineers permit for the proposed wetland fill and creek re-channelization. Any measures required by that permit for mitigation or construction shall be indicated in the public improvement drawings and shall be complied with prior to,or in conjunction with,the construction of the public improvements. 20. The proposed retaining walls shall be located completely within the private property boundaries of the subject site. No part of the walls shall be located within the City open space area. 21. The applicant's geotechnical and design engineers shall provide direction as to the conveyance of all surface and subsurface drainage from the steep slopes to the east of the proposed retaining walls and houses. The storm drainage system for this site shall include provisions to pick up all surface or subsurface runoff that will flow toward the development from the adjacent slopes. ( ,r. 22. The final plat shall be revised so that the area shown as Tract A is owned and maintained by the future property owners. The final plat and any necessary related documents shall be revised or provided to reflect this change. STAFF CONTACT: Mark Roberts,Planting Division. 23. A street tree planting plan shall be provided. This plan will be reviewed for compliance with the street tree size and spacing standards. The tree species and spacing shall be indicated for this purpose. The plan shall provide a method of guarantee to ensure the planting of the approved street trees. STAFF CONTACT: Mark Roberts, Planning Division. C.0 FINAL ORDER SUB 96-00041OR 96-0005NAR 96-0006JSLR 96-0002 HIU.SHIRE HOLLGw SUBDNISION PAGE 4 ` :t 24. The applicant shall provide calculations for the total number of caliper inches of healthy trees that are to be removed in excess of 12 inches in diameter,and a mitigation plan demonstrating that no net loss of trees will occur. The mitigation may be provided through the planting of on site replacement trees, off-site trees, or payment into an account to plant trees city wide. STAFF CONTACT: Mark Roberts,Planning Division. 25. Pathways shall be developed through Tracts B and C to extend to the property line of the dedicated open space tract. STAFF CONTACT: Mark Roberts,Planning Division. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:- (Unless otherwise noted,the staff contact shall be Brian Rager, Engineering Department(503)639-4171.) 26. The applicant shall provide a landscape plan that demonstrates compliance with the 20% minimum landscape requirement. STAFF CONTACT: Mark Roberts, Planning Division. ' x 27. The applicant shall provide the Engineering Department with a recorded mylar copy of 1, the subdivision plat. k IN ADDITION,THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;'THIS IS'NOT AN EXCLUSIVE LIST: z t Y 18.160.170 fin orovementAgreement t: I 1. Before City approval is certified on the final plat,and before approved construction plans are issued by the City,the Subdivider shall: A. Execute and file an agreement with the City Engineer specifying the period within '. which all required improvements and repairs shall be completed and a` B. Include in the agreement provisions that if such work is not completed within the period specified,the City may complete the work and recover the full cost and expenses from the subdivider. 2. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. C.C.FINAL ORDER SUB 45-00 PDR%-0005NAR 96-0006/SLR HOLLOW SUBDIVISION PAG-ES Yq 18.160.180 Bond: v t 1. As required by Section 18.160.170,the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; B. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified byw t the City in writing that it may be terminated;or $ C. Cash. 2. The subdivider shall furnish to the City Engineer an itemized improvement estimate, %. 1 certified by a registered civil engineer,to assist the City Engineer in calculating the 5 amount of the performance assurance. � �f 3. The subdivider shall not cause termination of nor allow expiration of said guarantee k without having first secured written authorization from the City, k sw, 16J60.190 Filing and Recording: 3„- I t Within 60 days of the City review and approval,the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. 2. Upon final recording with the County,the applicant shall submit to the City a mylar copy of the recorded final plat. r, J9.162.080 Final Plat Application Subutimi.Q13 Requirements: 1.- Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. 2 The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes(ORS 92.05),Washington County,and by the City of Tigard. � 3. Street centerline monumentation shall be provided as follows: A. Gentedine Mon umentation ' 1. In accordance with Oregon Revised Statutes 92.060,subsection (2), the centerline of all street and roadway rights-of-way shall be monument t-- before the City accepts a street improvement. y� C G FlNAL ORDER SUB 9U-000h/POR 96-0OpbNAR 4SWO61SLR 96-0002-H(lLSHIRE HOU.OW SUBDIVISION PAGE 6 i 2. The following centerline monuments shall be set: I a. All centerline-centerline intersection points. b. All cul-de-sac center points. 1 k I C. Curve points,beginning and ending points(PC's and PTs). I 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Rea lir d 1. Monument boxes conforming to City standards will be required around all , centerline intersection points,cul-de-sac centerpoints,and curve points. i2. The tops of all monument boxes shall be set to finished pavement grade. 98.164 Street&Utility Improvement Stand^rds; .�,° Ale 1. 18.164.120 Utilities A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface- mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.154.130 Cash or Bond Required S A. All improvementsinstalled by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. B. Such guarantee shall be secured by cash deposit or bond in the amount of the a value of the improvements as set by the City Engineer. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3: 18.164,150 lnstallatiom Pr r qui itui it/fit Fee A.' No land division improvements,including sanitary sewers,storm sewers,streets, sidewalks,curbs,lighting or other requirements shall be undertaken except after theplans therefor have been approved by the City,permit fee paid and permit C.0 FINAL ORDER SUB 96-0004/POR 96-00051VAR 960006/SLR 46-0002 HILLSHIRE HOLLOW SUBDIVISION PAGE 4 4. 18 184 180 "Doti p i0 itv Rea Iii.red A. Work shall not begin until the City has been notified in advance. a;t "# B. If work is discontinued for any reason,it shall not be resumed until the City is ,i notified. _ S. 18 164_ 2_ 00 Engin r'c r rtifiation Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements,workmanship and materials are in accordwith current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any $ portion thereof for operation and maintenance. 3 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. i ,§ , q , SECTION 111' BACK RO tntn INEQRMATION -$1P.Hictorv• t �. The current property dimensions were created in 1995, as Lot 37,of the Hillshire Woods Subdivision. Along its easterly boundary, the site adjoins SW Ascension Drive that was developed to serve the Hillshire Woods Development. Viddly Information* ` To the west,the site contains a portion of the Portland General Electric Utility Easement. To v the west of this easement is a Bonneville Power Administration(BPA) Utility Easements Further to the west is the developing Hillshire Creek Subdivision within Washington County Jurisdiction. To the south of the property is an open space tract that is dedicated to the Citys `through the development of the Hillshire Woods Subdivision. To the north of the site are t � ;. properties developed with detached single-family residences. The property immediately to the north of this site is proposed for development through Minor Land Partition 96-0011. Site Information and PrQpgaill[2ascription, The site is currently undeveloped and contains approximately 134 trees or groups of trees,in excess of 12 inches in diameter. The area along the easterly property line steeplyslopes down to the portion of the site that is proposed for development. This proposed buildable area is approximately 150 feet west of SW Ascension Drive. The site also contains all of one wetland, and a part of a second wetland. A stream meanders through a portion of the qtr southwest comer of the developable portion of the property. C.C.FINAL ORDER SU-96-0DO4(PDft--AR 960006(SLR 96 0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 8 a IV�ri� 4 t The applicant has proposed to subdivide this parcel into 24 lots for the purpose of developing '.' 3 duplexes. The subdivision is proposed to be developed under a Planned Development with lot sizes below 5,000 square feet. Sensitive Lands Review has been requested to develop " portions of the site with slopes in excess of 25%,to fill and modify the existing wetlands,and to alter the course of an existing stream. The applicant has proposed three variances related to the maximum allowable street length, the number of dwelling units to be accessed on a j cul-de-sac street,and to the rear yard setback of four lots. tThe Planning Commission conducted a Public Hearing on September 9, 1996 and allowed Tract E as therima p ry private street to serve 16 of the 24 lots to be developed as a private street as proposed by the applicant. Staff had recommended requiring Tract E to be dedicated to the Public due to long term maintenance issues. , On September 26,1996 the City Council voted 4-1 to call up the Planning Commission k decision to approve this proposal. On October 22,1996 the City Council conducted a Public Hearing and affirmed the Planning Commission decision to approve this development with private streets. SECTION IV: APPLICABLE REVIEW CRITERIA-AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to build 24 duplex residential dwelling units. This use is classified in Code Section 98.42(Use Classifications)as a duplex. Section 18.52 lists a duplex,as a permitted use in the R-7 Zoning District The applicant has proposed to develop twelve duplexes,with a total of 24 dwelling units. The duplexes are a permitted use in the R-7 Zoning District. ; t Dimensional Renuirements: Section 18.52 states that the minimum lot area for each dwelling unit in the R-7 zoning district is 5,000 square feet There is no minimum lot s fi width requirement due to the Planned Development Overlay District Developments within the R-7 Zoning Districts are required to provide a minimum of 20%landscaping. The applicant has not provided a landscape plan that demonstrates compliance with the 20 minimum landscape requirement. The applicant shall { R q pp provide this prior to the issuance of Building Permits for each lot Development Standards: Section 18.52 contains standards for the R-7 zone. Single- . family detached residential units are a permitted use in the zone,and must comply with the following dimensional requirements: Minimum lot size 5,000 Square Feet - Average lot width40 Feet Front setback 95 Feet Garage setback 20 Feet ...y;,. . C C FINAL ORDER SLAB 96-000 MDR 96-ODOWA 95-0005fSLR 96-0002-HILLSHIftE HOLLOW SUBDIVISION PAGE 9 Interior side yard setback 5 Feet Corner side yard setback 10 Feet Rearsetback 15 Feet Maximum building height 35 Feet The Planned Development Overlay does not require that a minimum lot size be maintained. The applicant has proposed to develop utilizing the reduced setbacks allowed under a Planned Development Overlay. Except for a 20-foot minimum garage setback to a Public Street, building setbacks within the interior of a Planned Development may be reduced to comply with only the Uniform Building Code requirements. Setbacks along the perimeter of a project are required to comply with the standards of the underlying zoning district. q RY Y 9 9 Developments that access a private street are required to maintain an eight-foot setback from the property line to the face of the garage,or a 20-foot setback where no garage is provided. Clear Vision standards must also be maintained on either side of the driveway. The development, as proposed,complies with all setback requirements if the rear yard setback variance is approved,and the exclusive use of private streets is allowed. If the use of a public i street is required for the area shown as Tract E,then 11 of the dwelling units as proposed,will not comply with the front yard setback requirement. }. k. ..t to create % Planned Development: Section 18.80 allows the option for an applicant t r__.a-amore efficient,economically viable development that preserves natural land features while ; implementing the density range provided through the Comprehensive Plan. This type of subdivision normally permits higher density than would be possib:e given the minimum lot size requirement for the zoning district. Due to the extent of the 100-year floodplain and wetlands on this site the applicant has proposed to concentrate the residential '+ development density within the flatter areas of the site to not impact sensitive lands' areas. Section 18.80.130(A)(1)(Planned Development Review-Approval Standards)"requires ' that a development proposal be found to be consistent with the various standards of other t Code ns. The is case are Chapters 18.52,18.80, 18 84,18.88, 18 92,018.100, 18.120,applicable8,134, 18 150 h18.160 and 18.164.The �•° ''' propesal's consistency with these sections has been reviewed within this report. The Planned Development Code Section 18.80 lists Section 18.160(Subdivisions)as an applicable review criterion for Planned Developments that has been reviewed elsewhere within this report The Planned Development Review is a three step process as follows: 1: 'Approval of a planned development overlay zone; 4 2., The second step is the approval of the planned development concept plan;and 1. C C FINAL ORDER SUB 96-0004/PDR 9 00051VAR 96-00061SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 10 3. Approval of a Detailed Development Plan is also required, } The Planned Development Overlay Zone was previously approved for this property through the annexation of what has since been subdivided as part of the Hillshire Woods Subdivision. x s' Because this application is for a subdivision,Section 18.80.015(E)allows the Conceptual and Detailed portions of the Planned Development Review to be consolidated as is proposed ,, through this action. } Section I8.80.120(A)(3)provides further review standards for Planned Development that L have been addressed below as follows: � r Ik 051 r a t t Lam' t t t K � f{w z um �r� t a` � � C G FINAL ORDER BU6960004lPOR 96-0OOSNAR 36-00�6/SLR 96-0002-HILLSHIRE HOLLOW SUBBNISION PAGE t i � 5 Relationship to the natural and physical environment: 1 (i) The streets,buildings,and other site elements shall be designed and located to preserve the existing trees, topography, and natural drainage to the greatest degree possible; (ii) Structures located on the site shall not be in areas subject to ground slumping 't and sliding; (iii) There shall be adequate distance between on-site buildings and other on-site and > ' off-site buildings on adjoining properties ies topeovide for adequate light ' and air a � circulation and for fire protection; (iv) The structures shall be oriented with consideration for the sun and wind directions,where possible;and (v) Trees with a six inch caliper measured at four feet in height from ground level, a' ' - shall be saved where possible; The provisions related to adequate light and air are addressed elsewhere within this report under the minimum setback requirements. The Fire District has been provided with a copy of this plan and will conduct a Fire and Life Safety Review prior to the issuance of Building Permits for the site. Solar accessibility is addressed elsewhere within this report.The applicant E has proposed to remove trees as part of this development. The tree removal is discussed in detail elsewhere within this report. * , i Buffering,screening,and compatibility between adjoining uses: (i) (Suffering shall be pruw:ved betwa=n dMiar,t types of land uses(for example, between single-family and multiple-family residential, and residential, and commercial); g a 0M,01 (ii) In addition to the requirements of the buffer matrix,the following factors shall be + �� considered in determining the adequacy and extent of the buffer required under ) ' -Chapter 18.100:. ' (a) The purpose of the buffer,for example to decrease noise levels,absorb air r pollution,filter dust,or to provide a visual barrier; (b) ,The size of the buffer needs in terms of width and height to achieve the ; purpose; (c) The direction(s)from which buffering is needed (d) She required density of the buffering;and (e) Whether the viewer is stationary or mobile; (iii) On-site screening from view from adjoining properties of such things as service areas,storage areas, parking lots,and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: L' C C FINAL ORDER SUB 96-0 /PDR 96-OOOSIVAR 960005/SUR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 12 �3 e (a) - What needs to be screened; (b) The direction from which itis needed;and (c) Whether the screening needs to be year-round; Screening and buffering are not required where single-family attached residential uses adjoin other single-family residential uses,utility easements or open space areas. ` Privacy and noise: (i) Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner,to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise- This criterion is not applicable because the applicant has proposed to create future residential building sites. Private outdoor area: residential use: s (i) In addition to the requirements ofsubparagraph h(iii),each ground level residential dwelling unit shall have an outdoor private ara-a(patio,terrace,porch)of not less than 48 square feet; (ii) Wherever oossgF,le,private outdoor open spaces should be oriented toward the sun;and Private outdoor spaces shall be screened or designed to provide privacy for the use of the space; Provision of common outdoor open space areas is not required'because the aopiicant has j proposed to create building sites for single-family residences, rather than a multiple-family residential development such as an apartment complex. Shared outdoor recreation areas:residential use: gi} In addition to subparagraphs(ii)and(iii) of this section each multiple-dwelling development shall incorporate shared usable outdoor recreation areas within the 4 development plan as follows: (a) Studio units up to and including two bedroom units,200 square feet per - unit;and ' (b) Three or more bedroom units,300 square••feet per unit; (H) Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; (iii) The required recreation space may be provided as follows: ----------------------------------- GC.FINAL ORDER SUB 96-60041PDR 96-WOSNAR 96-0W6f'aLR 96-0002- Utz.(-LSHIRE HOLLO✓d SUBDIVISION PAGE 13 3� (a) It may be all outdoor space;or (b) It may be part outdoor space and part indoor space; Cor example, an outdoor tennis court and indoor recreation room;or (c) It may be all public or common space;or (d) 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; or (e) Where balconies are added to units,the balconies shall not be less than 48 5 square feet; The provision of common outdoor open space areas is not required because the applicant has proposed to create building sites for single-family residences. y" Access and circulation: (i) The number of allowed access points for a development shall be provided in sf,, Chapter 18.108; (ii) All circulation patterns within a development must be designed t® accommodate emergency vehicles; and `. Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan; The design of the proposed street improvements has been reviewed by the Engineering Department, the Police Department, and the Fire District. The Engineering Department reviewed street improvement requirements in detail elsewhere within this report._ Completion of the proposed street,as revised by the Conditions of Approval,complies with the standards of the Community Development Code as reviewed elsewhere within this report. Landscaping and open space: $gsidential Development In addition to the requirements of subparagraphs(iv)and(v)of section A of this subsection,a minimum of 20 percent of the site shall be landscaped; (ii) Commercial Development: A minimum of 15 percent of the site shall be landscaped;and (iii) Industrial Development: < A minimum of 15 percent of the site shall be landscaped; a" C.C.FINAL ORDER SUB 96-0004IPDR9 OMVAR 9&000eiSLR 95-0002-HILLSHIRE HOLLOW SUBOIIstoN PAGE 14 i l Section (i) is applicable to this request. Because the applicant has FP q pp proposed to maintain ,P portions of the site in an open space tract,approximately 40%of the site will continue to be private or public open spaces,wetlands,or other new landscape plantings,in compliance with the 20% requirement. Section (ii) and (iii) are not applicable because no commercial or industrial development is proposed. 4 Public transit: (i) Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on the following criteria: t MEMO (a) The location of other transit facilities in the area;and f (b) The size and type of the proposed development; ��dEx The proposed streets will not be transit served facilities,therefore,these requirements are not ,t r applicable. (it) The required facilities shall be limited to such facilities as: (a) A waiting shelter; (b) A turn-out area for loading and unloading;and i (c) Hard surface paths connecting the development to the waiting area; N 3 The local streets under development in this area and the proposed streets, are not,and will not,be transit served facilities; therefore,this requirement is not applicable. 4 " Signs: u e � , (i) In addition to the provisions of Chapter 18.114,Signs: " k (a) Location of all signs proposed for the development site;and (b) The signs shall not obscure vehicle driver's sight distance; All future signage at the site will be reviewed through the sign permit process for conformance , with the provisions of Chapter 18.114. "20, � Parking: t- (i) All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.106; Each of the residences to be developed on these parcels will be reviewed during the Building Permit review process to verify the provision of required off-street parking spaces. a YK b C.C.FINAL ORDER SUB 96-W 1UH 9E-0005MAR 9 061SLR 96-0002 HILLSHIRE HOLLOW SUBDIVISION PAGE 15 5 ,YNsa"9,i Ul Drainage: (i) All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.84 and the criteria in the adopted 1981 master drainage plan; The Engineering Department reviewed this application and determined that the capacity exists within storm drainage facilities upstream and downstream of the development to handle the iricreasD in.unoff caused by additional impervious surfaces to be developed on this site. k Floodplain dedication: �, (i) Where landfill and/or development is allowed within or adjacent to the 100-year floodplain,the City shall require the dedication of sufficient open land area for a v; greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. This site does not adjoin areas within the 100-year flood plain,therefore,this requirement is not applicable. Sensitive Lands: Section 18.84 contains regulations for lands within 100 year floodplains that are subject to Sensitive Lands Review. Sensitive Lands Review of proposed developments in these areas is intended to implement floodplain protection measures and to protect rivers,streams and creeks by minimizing erosion,promoting bank stability,maintaining and enhancing water quality and fish and wildlife habitat,and preserving scenic quality and recreational potential. ^r,KA,roval Standards: Section 18.84.040 states that the Hearings Officer sha!l approve or < r approve with conditions an application request based upon. "indings that all of the following criteria have been satisfied: Section 18.84.040(6)states that the Director shall approve an application for sensitive: lands permit on slopes of 25%or greater based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land use 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 ordevelopment will not result in'erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. " �a 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with C.C.FINAL ORDER SUB 96-000 DR 96 05NAR 96-0 ISLR 96-M02-HILLSHIRE HOLLOW SUBDIVISION PAGE 66 [@@ 3 ri any of the following soil conditions; wet/high water table; high shrink-swell capability;compressible/organic;and shallow depth-to-bedrock. +. 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 18.100,Landscaping and Screening. This application has addressed Criteria#1-4. Approximately two acres of the gross site area contains steep slope areas in excess of a 25%slope. The applicant has proposed to grade approximately one-half acre of this area for inclusion into the larger development site. The areas to be graded do not involve dramatic land form.alterio ns of the majorl,y of the steeply sloping areas. By performing this grading,the use of special building techniques involved with development in steep slope areas can largely be avoided.Retaining walls have been proposed in conjunction with this grading in order to allow development to occur within portions of the site that adjoin steep slope areas. Section 18.84.040(C)states that the appropriate authority shall approve or approve with conditions an application request for a sensitive lands permit within the drainageways in Subsections 18.84.015 B.and D.based upon findings that all of the following criteria have been satisfied: S 1. The extent and mature 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 of hazards to life of 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 sur`'aces will be replanted to prevent erosion in accordance with Chapter 18.100,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 landform alterations and/or development are allowed within and adjacent to the 100-year floodplain,the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Pian. 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. Section 18.26.030 defines a drainageway as"undeveloped land inundated during a 25 year storm with a peak flow of at least five cubic feet per second,and conveyed,at least in part,by identifiable channels that either drain to the Tualatin River directly,or after flowing through GC FlNAL ORDER SUB 96-00041 DR 96-OOp6NAR 96-p005i5LR 96-0002_HLLSHIRE HOLLOW SUBDIVISION PAGE 17 I ' i ss , other drainageways, channels, creeks or floodplain'. The affected creek is not part of a i continuous system, such as those listed by definition. Because a portion of the stream r; meanders into the southwest corner of the less steeply sloping portion of the site,it would be difficult to develop site improvements on any part of this area without building one or more stream crossings. It is recommended that the applicant be permitted to re-route this stream to allow site improvements to be constructed on this corner of the property. Section 6.08 of the applicable Unified Sewerage Agency,Resolution and Order 91-47 requires a 25-foot undisturbed buffer for creeks,streams,etc.that are a drainage basin for 100 acres or more. The hydrology calculations performed for this development indicate that this drainage basin is less than 100 acres. The project is within a drainage basin for a 15 acre watershed. For this reason, the provision of a 25-foot undisturbed buffer is also not applicable to this landform alteration. a ` Section 18.84.040(D)states that the Director shall approve or approve with conditions an a application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area I designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is w4hin 25 feet of such a wetland. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. 3. Any encroachment or change in on-site or off-site drainage which would t adversely impact wetland characteristics have been mitigated. 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington Ccun--,must be met and areas not covered by structures € or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100,Landscaping and Screening. 5. All other sensitive lands requirements of this chapter have been met. 6. The provisions of Chapter 18.150,Tree Removal,shall be met. 7. ,Physical Limitations and Natural Hazards, Floodplainsand'Wetlands, Natural Areas,:and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied This application addresses Criteria#1 because the wetlands is not adjacent to;or within 25 feet of a significant wetlands as reviewed in Comprehensive Plan inventory. The application addresses Criteria#2 and#3 because the applicant has identified the location of the wetlands. The site contains all or a part, of two wetlands'areas. The applicant has proposed to fill the smaller wetland's area,and at least a portion of a second wetlands. Due to the site constraints of the approved alignment of the street that is to be extended from the east of the property,the larger wetlands must be at least partially filled in order to extend necessary street and utility improvements. C C FINAL ORDER SUB 46-0 O4 DR 96-0OB51VAR 96-0006/SLR 96.0002.HILLSHIRE HOLLO`N SUBDIVISION PAGE 18 e 11 ;, Due to the amount of fill that is proposed,the applicant is required to obtain a permit for the proposed street work that would bisect the larger of the two wetlands areas. Prior to recording the plat,the applicant shall provide the City with a copy of the necessary Division of State Lands fill permit(s). A Division of State Lands fill permit is not required to perform the fill work to the smaller wetlands. The small wetlands is approximately 800 square feet in size. The total fill involved will be approximately 30 cubic yards. A permit is not required for fill of less than 50 cubic yards. 3 Criteria#4,relative to erosion control,will be addressed through the Public Improvement and the Building Permit Pian Review processes that are required prior to construction of the proposed site improvements. Criteria#5 and#6 have been discussed because the applicable criteria of other affected - sensitive lands have been addressed elsewhere within this staff report. j Criterion's#7 has been addressed elsewhere in this report through the review of the related (#s development standards as contained in the Community Development Code. p Solar Access: Section 18.88.040(C)(1) contains solar access standards for new r residential development. A lot meets the basic solar access lot standard if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. A subdivision complies with the basic requirement if 80%or more of the newly created parcels meet this standard. 4= Alternatively,an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar- orientation.An applicant can request an exception to the solar access standards based on the following development constraints: SIMtopog appy excezz of a 10 percent slope,shade from existing on-site or off-site vegetation or structures,significant natural features,existing street public easement patterns,impacts to density,cost or amenities of the project that adds five percent or more to the cost of each lot. To comply with the Basic Stand rd,a minimum of 20 of the 24 lots must be designed with a north-south dimension of 90 feet of more. The subdivision,as designed,provides passive solar access,in compliance with the Basic Standard to Lots 1 and 2 of the development. The remaining 22 lots do not comply with the passive solar access requirements. The longest property dimension of areas with less steeply sloping topography is the north-to-south direction. Site grading and other development costs associated with the development of this property are reduced by orienting - the site improvements as proposed. For these reasons,it is not recommended that the site improvements be reoriented to further comply with the Basic Solar Access standard. Solar Balance Poiht: Section 98.88.050 requires that one and two family residences that are developed on lots that were exempted from Compliance with the basic Solar Access =standards comply with the Solar Balance Point requirements. All attached and detached, C.C.FINALORDER SUB 960004/ DR 96-0005MAR 96-0OMSlR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 19 i single-family residences are required to comply with the Solar Balance Point requirements. This will be reviewed prior to the issuance of Building Permits. Density: Section 18-92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area,excluding sensitive lands and land dedicated for public roads or parks- The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a z, situ.The site has a gross acreage of approximately 6.08 acres. A total of two acres of the site contains slopes in excess of 25%that is deducted. Wetlands'areas of 6,700 square is also deducted. A minimum of 20%of the gross site area is required to be deducted for public streets.After these deductions,a net site area of 3.14 acres remains. i For density determination purposes a maximum of 25 percent of the density lost from the steep slope areas,or.50 acres,is allowed to be transferred to the buildable portions of the property. This yields a net site area of 3.64 acres. When divided by the minimum sized lot allowed in the R-7 Zoning District,the site allows the opportunity for development of up to 31 dwelling units. The applicant proposes to develop 24 dwelling units and therefore, does not exceed the maximum number of permitted units. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 that requires that all development projects fronting on a public or private street,or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(6)states the specific spacing of street trees by size of tree shall be as follows_ 1. Small or narrow stature trees (under 25 feet tail and less than 16 feet wide branching)shall be spaced no greater than 20 feet apart; 2. ,.,edlum a zed trees(25 feet to 40 feet fail,16 feet to 35 feet wide branching)shall s be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; ,r Prior to recording the subdivision plat,a street tree planting plan shall be provided. This plan will be reviewed for compliance with the street tree size and spacing standards. The plan shall also provide a method of guarantee to ensure the planting of the approved street trees, Visual ClearanceAreas: Section 18.102 requires that a clear vision area shall be .maintained on the comers of all property adjacent to intersecting right-off-ways or the intersection of a.public street and a private driveway- A visual clearance area is.the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distances with a straight line.A clear vision area shall contain no vehicle,hedge, planting,fence,wall structure,signs, € or temporary or permanent obstruction exceeding three feet in height. The height is C.C.FINAL ORDER SUB 96-0004/DR96-ODMNAR9&OMSLR 96-OD02 HILLSHIRE HOLLOW SUBDIVISION pAGE20 n 2.1 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 to cated in this area, provided all A branches below eight feet are removed. The structures,as proposed, comply with these standards. This will again be reviewed prior to the issuance of Building Permits. Variance: Section 18.134.050 allows approval,approval with conditions, or denial of a request for a variance. The applicant has requested variance to the following development standards: Section 18.164_030(K)requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling:units. The total length of the cul-de-sac and additional dead private street is approximately 600 feet. A total of 24 dwelling units are proposed to be accessed from these streets. The applicant has also requested variance from 15 feet to the minimum setback allowed by the Uniform Building Code for Lots 19 through 14. This variance would allow setbacks to be reduced to a minimum of three feet. The following findings are recommended concerning these variances: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other ,' applicable policies and standards, and to any other properties in the same zoning district or vicinity; The proposed variances will allow development to occur on a site !' that is surrounded by steep sloping areas, dedicated open space areas, other developing properties,and utility easements that largely preclude and alleviate the necessity for extension of streets for future access. The proposed variances are not in conflict with the general policies of the Comprehensive Plan because the implementing standards of the Community Development Code permit variances of this nature due to the development constraints that affect this property. 2. There are special circumstances that exist which are peculiar to the lot size, shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning . district; The development site is an area that is largely surrounded by sloping portions of the site in excess of a 25%slope,dedicated open space areas,and utility easements. The extension of streets to these areas in order alleviate the need for approval of a variance is not possible given the location of the aforementioned development "constraints. ' .The rear yard setback variance is inresponseto existing development constraints such as the existing utility easement,compliance with other setback requirements,the width necessary to construct a private street,and development of dwelling units. 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land. The proposed duplex use is a permitted use within the R-7 Zoning District. Other applicable development requirements are to be compiled with through this application as proposed. C C.FINAL ORDER SUB 96-0004IPDR VM05NAR 95-0006/SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 21 ` Existing physical and natural systems,such as but not lirrrited to traffic,drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were located as specified by this title;and Due to the nature of the site development constraints,variances to the 400-foot street length and the 20 dwelling unit maximum that are to be accessed, allows the applicant to develop without dramatically impacting adjoining dramatic land forms, natural drainage systems " or dedicated open space areas. Given the 62-foot lot depth available to serve Lots 11-14,the Variance allows the limited developable portion of the property to be maximized without unduly impacting the open space area. Because the site adjoins a City dedicated open space area, no other private development will adjoin the parcels that would have the reduced setback. 5- The hardship is not self imposed and the variance requested is the minimum _ variance that would alleviate the hardship. Given that the applicant proposes to comply with all other applicable setbacks and provide the required off-street parking,the I proposed variance is the minimum variance necessary to alleviate the hardship. t Tree Removal: Section 18.150.025 requires that a tree plan for the planting,removal and ' protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees,identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed,protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided a plan that identifies all existing trees greater than six inches in caliper. The site has 134 trees,or groups of trees that are in excess of 12 inches in diameter. The proposed site plan identifies 16 trees or groups of trees that will be saved- Due to the limited areas available for development, it is recommended that the applicant be permitted to remove the trees as proposed. Since the applicant is retaining less than 25 percent of the existing trees, Section 18.150.070.1)requires a mitigation program that provides for no net loss or healthy, larger trees. Prior to recording the plat,the applicant shall provide calculations for the total number of caliper inches of healthy trees that are to be removed in excess of 12 inches in diameter,and a mitigation plan demonstrating that no net loss of trees will occur- The mitigation may be .' provided through the planting of on-site replacement trees,off-site trees,or payment into an account to plant tree's city wide. Subdivision Desion: Section 18.160.060(A) contains standardsfor subdivision of parcels into four or more lots. To be approved,a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan,the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; { C C.FINAL ORDER SUB 96-000 DR 96-000&NAR 96-WWSLR 960002-HILLSHIRE HOLLOW SUBDIVISION PAGE 22 !ik 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width,general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern;and 4. An explanation has been provided for all common improvements. The application's compliance with the applicable review criteria has been reviewed within this report. The proposed plat name of Hilishire Hollow Subdivision is not duplicative of other plats- The streets,as proposed,have been laid out to serve the development. No additional streets are proposed to be extended to other developments. The applicant has requested variances to the applicable street connectivity standards. The street connectivity standards are addressed r° elsewhere within this staff report. An explanation has been provided for all common improvements. Due to the approximate 40%slope of Tract A and the limited public use that is expected, it is recommended that this area be owned and maintained by the future property owners rather i than dedicated to the City. The final plat and any applicable related documents shall be revised to reflect this change. Because they provide connections to other another dedicated open space area and both areas are less steep,it is recommended that Tracts B and C be { dedicated to the City as proposed. .:. Street and Utility improvements Standards: Section 18.164 contains standards far streets and utilities serving a subdivision. improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street Minimum Rights-of-Way and Street Widths: Section 18-164.030(E)provides a range for E �' Public Streets to be developed for Local Street purposes..This chart provides a range - for right-of-way and street widths. The right-of-way width range provided for this purpose is 36 to 50 feet The street width range is 24 to 34 feet of width.A private street is required to provide a minimum of 25 feet of total right-of-way. A minimum street width of 20 feet is required. The applicant has proposed the use of two private streets. Tract E, a private street,is proposed to serve 16 of the 24 lots. This street has a total right-of-way of 40 feet with a paved section of 28 feet. Tract D,a second private street,is proposed for the remaining eight units. More than six dwelling units are proposed to be served on each section of the private street. The Community Development Code limits this type of development where appropriate to a Planned Development and through a type of a.development where appropriate. to a Planned Development and through a Variance. As discussed in the Engineering Department review of this application,it is recommended that the proposed"Tract E"private street be dedicated to the public and that access to"Tract D"be -'limited to six dwelling units. Given the proposed design of this street, dedication and construction of this street to comply with public standards is feasible.The right-of-way width and design would comply with the street right-of-way ranges set forth in this section. C.C.FINAL ORDER SUB 96-000 VDDR 96-0005NAR 91-WMSLft 96A002-HILLSHIRE HOLLOW SUBDIVISION PAGE 29 2 puture Street Plan- Section 18.164.030(F)states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division.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 barricade shall be constructed at the end of the street Street stubs to adjoining properties are not considered to be cul-de- sac since they are intended to continue as through streets at such time as the adjoining { property is developed. The applicant has requested a Variance to the extension of future streets due to the topographic and other development constraints that exist on adjoining properties. Street Alignment and Connections: Section 18.164.030(6)requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign,or reconfigure the street pattern to provide required extensions. In the case of environmental or " topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Through the Variance discussion, the applicant has made findings concerning the need for a waiver of for the requirements for future street connectivity. 4 Cul-de-sacs: Section 18.164.030(K)requires that a cul-de-sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The applicant has requested Variances to these standards. The proposed cul-de-sac is 680 feet in length. A total of 24 dwelling units are proposed to be provided access to the cul-de-sac. .'Grades and Curves: .Section 18.164.030(M) requires that grades shall not exceed 12 'percent on local streets, except that local residential streets may have segments with grades up to 15 percent for distances of no greater than 250 feet The street sections,as proposed,do not exceed a slope of 12 percent. The average slope of the proposed street is approximately 10%over the length of the street. For these reasons,the street as proposed, complies with this standard. SQtrbs Curb Cuts RamRs. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. -Concrete curbs,curb cuts,wheelchair,bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080,and; a. Concrete curbs and driveway approaches are required;except b., Where no sidewalk is planned,an asphalt approach may be constructed with City Engineer approval;and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. C.0 FINAL ORDER SUB 9 041POR 96-DOOSNAR 96-pppG/SlR 96-0002-HII.I.SHIRE HOLLOW SUBDIVISION PAGE 24 t ( } If the Planning Commission determines that the proposed parcels would adjoin a public street, 117) the individual street access the applicant is likely to propose is acceptable where all street opening permit requirements are met. It should be noted that a five-foot setback is required from each side of the driveway"wings"to the property line. Given the limited lot frontage proposed, this requirement may limit the width of certain driveways within the public right-of- way. In the case of Lots 1 and 2, it is recommended that the applicant obtain approval to construct a single driveway within the PGE Easement. This standard is not applicable where I the Planning Commission allows the use of a private street throughout this development. Block Desian: Section 18.164.040(A)states that the length,width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access,circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. The length of the proposed block section is the minimum length necessary to serve the proposed development. The extension of street stubs to serve future streets is not possible in this instance due to the site development constraints that are discussed in the Variance findings. Block Sizes: Section 18.164.040(8)(1)states that the perimeter of blocks formed by streets shalt not exceed 1,800 feet measured along the right-of-way line except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development or; 2. For blocks adjacent to arterial streets,limited access highways,major collectors or railroads. 3. For non-residential blocks in which internal public circulation provides equivalent access. Because of the development constraints listed within Criteria#1,the proposed development is t unable to comply with the 1 800 foot maximwrn block length. Block Lengths:"Section 18.164.040(B)(2)states that when block lengths greater than 600 feet are permitted,pedestrian/bikeways shall be provided through the block. The section of street that is to be developed is approximately 680 feet in length. This estimated length was measured from the westerly side of the PGE Easement to the end of the second privates treat (Tract D). Because they adjoin dedicated open space areas,pathways should be developed through Tracts B and C to extend to the property line of the existing dedicated open space area to the south and east. Lots Size and Shame: Section 18.164.060(A)prohibits lot depth from being more than 2.5 times the average lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. Because the applicant has proposed to develop under Planned Development standards,no minimum lot size is applicable. For this reason,no lot depth-to-width ratio is applicable to this development_ 3 pi[ CO.FINAL ORDER SUBS MIG,IPDR 96 WAR 96-0006/SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE26 2 Lot Frontage: Section 18.164.060(B)requires that lots have at least 25 feet of frontage on public or private streets,other than an alley unless the subdivision is intended to be developed for attached single family residential development. In this instance a minimum of 15 feet is required to be maintained. Each lot has been provided with a minimum of 15 feet of frontage in compliance with this requirement. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. A private street is not required to be constructed with sidewalks. The applicant has proposed to develop sidewalks on one side of the street along both private streets. Compliance with this standard is reviewed below under Pubic Facility Concerns. Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. The applicant has t c addressed these requirements. Compliance with this standard is reviewed below under Pubic Facility Concerns. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The applicant has addressed these requirements. Compliance with this standard is reviewed below under Pubic Facility Concerns. PUBLIC FACILITY CONCERNS: The provision of public facilities in compliance with Sections 18.164.030(EI(1)(a) (Streets),18.164.090(Sanitary Sewer),and 18.164A00(Storm Drains)shall be satisfied. I' In addition to the listed section provisions for Water,Water Quality Treatment,Grading and Erosion Control have also been reviewed below: I STREETS: llrr This site backs up to SW Ascension Drive,but because of the steep topography of the site, access is impossible from that street. There is an existing public street to the west of the ; BPA easement that the applicant proposes to extend into this project(SW Creekshire Drive). The subdivision where Creekshire Drive originates is called Hillshire Creek Estates,and is within unincorporated Washington County. The public improvements in `.hat project are currently under construction. The applicant is proposing private streets within this project. They have shown the extension' of Creekshire Drive(shown as Tract E on the plan)to be"private"within the Hillshire Hollow development. In addition,they are showing Tract D as an additional private street to serve 8 lots at the south end of the project. There has been considerable discussion between City staff and the applicant with regard to the private street issue. From the applicant's perspective,the private street is advantageous because they will not be subject to the same front yard setback requirement as with a private street. For instance, if they obtain Planned Development approval(PD)and are allowed to serve the proposed lots with a private street, they will not have to provide a 20-foot front yard setback per TMC 18.80.080(4)(c)(ii). That �y C.C.FINAL ORDER SUB 96-0004/PDR 96-0005NAR 96-0006/SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 26 r' ; proposed development. The extension of street stubs to serve future streets is not possible in i S this instance due to the site development constraints that are discussed in the Variance findings. Block Sizes: Section 18.164.040(6)(1) states that the perimeter of blocks formed by stractsshall not exceed 1,800 feet measured along the right-of-way line except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or,pre-existing development or; 2. For blocks adjacent to arterial streets,limited access highways,major collectors or railroads. 3. For non-residential blocks in which internal public circulation provides equivalent access. Because of the development constraints listed within Criteria#1,the proposed development is unable to comply with the 1,800 foot maximum block length. Block Lengths: Section 18.164.040(6)(2)states that when block lengths greater than 600 feet are permitted,pedestrianlbikeways shall be provided through the block. The section of street that is to be developed is approximately 680 feet in length. This estimated length was measured from the westerly side of the PGE Easement to the end of the second private street (Tract D). Because they adjoin dedicated open space areas,pathways should be developed through Tracts B and C to extend to the property line of the existing dedicated open space area to the south and east. Lots-Size and Shape: Section 18.164.060(A)prohibits lot depth from being more than 2.5 times the average lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. Because the applicant has proposed to develop under Planned Development standards, no minimum lot size is applicable. For this reason, no lot depth-to-width ratio is applicable to this development. Lot Frontage: Section 18.164.060(6)requires that lots have at least 25 feet of frontage (( on public or private streets,other than an alley unless the subdivision is intended to be developed for attached single family residential development. In this instance a minimum of 15 feet is required to be maintained. Each lot has been provided with a minimum of 15 feet of frontage in compliance with this requirement. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. A private street is not required to be constructed with sidewalks. The applicant has proposed to develop sidewalks on one side of the street along both private streets. Compliance with this standard is reviewed below under Public Facility Concerns. Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. The applicant has addressed these requirements. Compliance with this standard is reviewed below under Public Facility Concerns. , CC FINAL ORDER SUB 96-0 /PDR 96-0005NAR 96-0006/SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE27 `.. In 1986,the City granted approval to allow 3 private streets to be built within the Benchview 66E 'Estates subdivision. The streets were required to have the same structural section as public streets,but were allowed to have a narrower ROW width(34 feet versus 50 feet required for a public street)and a narrower pavement width(28 feet versus 32 feet required for a public street). In addition,sidewalks were allowed to be built on one side of the street rather than on both sides as is required on a public street. The allowance of the narrow private streets enabled the developer to build lots on both sides of the street,which may not have been possible if a public street were required,as the project is located in a steep area. The developer of the Benchview Estates project was required to place a note on the final recorded plat to indicate that the private streets were to be owned and maintained by the homeowners within the project. In addition, CC&R's were required to be rerorded with the plat specifying that a homeowners association would need to be established in order to manage the maintenance of the private streets. Both the note and the CC&R's are established(CC&R's are recorded as Document No.88-24149,Washington County). In 1994, only 8 years after the City granted approval of the project, the Benchview Homeowner's Association(BHA)approached the City with a request to have the City taker over the maintenance of the streets and essentially accept them as"public". Thus far,the City has not taken steps to do so. During a Planning Commission hearing in July,1996,BHA spokespeople cited several reasons why they no longer wished to maintain the streets: 1. The costs to maintain the streets are more than they desire to manage, 2. BHA has difficulty collecting dues from the home owners in the development to cover k maintenance costs. a 1 , d 3. BHA does not want to be liable for the streets or for any accident that occurs in the 1 x streets. V 51 ter 4. BHA does not want to pay for the street lighting costs. , 5A$)? 5. BHA does not want to pay for the sanding of the roadway surfaces in the winter time. This proves to be a significant concern for them because of the steep terrain in the project. rk r 6. BHA stated that the Tigard Police Department has indicated that complaints such as illegally parked cars on a private street will not be given a high priority...In reality,a complaint such as this would need to be handled by the private property owners because the vehicle would be on private property. 7. SeveralBHA spokespeople commented that they did not know the streets were private,even though it is clearly depicted on the plat,in the CC&R's and in title reports for the lots. i i C C FI AL ORDER SUB 96-00MPDR 96 W 5NAR 9600MSLR 9fi.Op02-HIIISHIRE HOLLOW SUBDMSION PAGE 28 .Ss �e 8. BHA complained that they pay the same property taxes as citizens who live on public streets,but do not receive the same services(street sweeping,sanding,etc.)as those citizens. Many of these comments are typical of what City Staff and other jurisdictions hear from citizens who live on private streets. Regarding the subject application, the applicant is proposing development of a site that is constricted by steep slopes on the east side and a creek that runs along the west side. The applicant has proposed to relocate the centerline of the creek after obtaining the necessary permits from the Army Corps of Engineers(Corps)and the Division of State Lands(DSL). In order for the applicant to create lots on both sides of the street,he must obtain approval for a private street,which will allow a front yard setback of 8 feet, and for a variance to allow a reduced rear yard setbacks for lots 11 through 14. Although the private street would allow the applicant to develop the site as they desire, Staff does not recommend that private streets be allowed based on the type of feedback received from the general public who live on private streets. The applicant should be required to revise their subdivision plan to provide public streets. Since the code allows a private street to serve up to 6 lots,Staff would support allowing Tract �� D to serve only 6 lots. The applicant will likely request a variance to the City's 20-foot front yard setback to allow an 8-foot setback. Staff would recommend that a front yard setback variance be denied. The City standard of 20 feet is consistent with other jurisdictions and = was determined by gathering measurements of vehicles parked in front of garages. The average length from the face of a garage to the rear bumper of a car is 20 feet,and in order to prevent a car from extending over a public sidewalk,a garage should be setback from the ROW line by 20 feet. If a car extends over a public sidewalk,pedestrians are forced to walk in the street where they are in danger of moving vehicles. The Planning Commission conducted a Public Hearing on September 9, 1996 and ' allowed Tract E be developed as a private street as proposed by the applicant. On October 22,1996 the City Council conducted a Public Hearing concerning this issue and reaffirmed the Planning Commission decision to approve this development with private streets. Staff does not have a concern with the variance to the rear yard setback standard. However, there will be considerable grading taking place adjacent to open space that is proposed to be dedicated to the City. See Grading and Erosion Control section for more discussion regarding this issue. Regarding the variance for cul-de-sac length.The applicants proposal would yield a cul-de- sac of approximately 680 to 700 feet in length, as measured from the nearest street intersection(within the Hillshire Creek Estates project)to the very end of the proposed street :'.system (south end of Tract D).-Staff has talked to Washington County Planning staff who indicate that they do not have a concern with the street terminating in a cul-de-sac. City and County staff agree that a street connection beyond this site is not necessary, nor is it C C FINAL ORDER SUB 96-0 /PDR 96 WO AR 96-0 iSLR 9 (X)2-HILLSHIP.E HOLLOW SUBDIVISION PAGE 29 practical due to the topographic constraints of the site. Tualatin Valley Fire and Rescue (TVF&R)has submitted comments for this project and does not have a concern with the length. Staff,therefore, recommends that the variance to the cul-de-sac length standard be approved. SANITARY SEWER: The applicant proposes to extend an existing 8-inch sanitary sewer line from the Hillshire Creek Estates project to serve this site. This line will adequately serve the site. The existing sewer line is within USA's service area and any proposed connection to that line will need to be approved by USA. Because the public improvements within Hillshire Creek Estates are still under construction, the existing sewer line has not likely been accepted by Washington County and USA. No connections to that sewer line should be permitted until USA has accepted the sewer line. STORM DRAINAGE: 1 Storm water from this site will be conveyed to the north where it will be treated in a water a quality facility. From there, the applicant intends to discharge the storm water into the existing creek. A downstream analysis meeting the criteria of USA's Resolution and Order No. 91-47 will be required to be submitted by the applicant prior to construction. If the i analysis indicates that the additional storm water from this project will adversely impact the downstream system,they will either have to improve the downstream system or provide on- site detention. The plan leaves some question as to how Lots 15 through 22 will be drained, since their grades will be below the elevation of the proposed street system. The applicant will either need to make sure the storm line in the street is low enough to serve these lots,or he will have to install a private storm line behind the lots. i Staff is concerned about the proximity of the proposed houses that will be downhill of the r - steep slopes to the east of the development, specifically any surface or subsurface runoff that will be cut off by the placement of the retaining walls and the construction of the homes. Staff recommends that the applicant's storm drainage system be designed to pick up all surface and subsurface water that may flow toward the new homes. The applicant's geotechnical and design engineers shall provide direction as to how this water will be picky up and conveyed into the proposed storm system. WATER QUALITY: The City has agreed to enforce Surface Water Management(SWM)regulations established by the Unified Sewerage Agency(USA)(Resolution and Order No.91-47, as amended by R&O 91-75)which require the construction of on-site water quality facilities. The facilities :shall be designed to.remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a [ maintenance plan is required to be submitted indicating the frequency and method to be ";, C.C.FINAL ORDER SUB 96-0004/PDR 95A 51VAR9600WSLR 96-0002 -HILLSHIRE HOLLOW SUBDIVISION PAGE 30 "" used in keeping the facility maintained through the year. Prior to construction,the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition,the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. The applicant's plan indicates that a vegetated swale will be used to treat the storm water from this site. Preliminary calculations submitted by the applicant indicate the Swale area should be large enough to treat the storm water from this project. The water quality facility will need to be a public facility and eventually turned over to the City for maintenance. The facility will need to be located within a tract to be conveyed to the City on the final subdivision plat. The applicant will be required to maintain the facility for a period of 3 years after the City accepts the public improvements within the development. The 3-year maintenance period will ensure that the landscaping will be established before the City takes over s responsibility of the facility. The applicant will also be required to provide a maintenance access road to the facility and any drainage structures within the facility to accommodate City maintenance vehicles. Final design of the facility and maintenance road(s) will be reviewed by the Engineering Department prior prior to construction. WATER: a. There is an existing 12-inch water line in SW Creekshire Drive that terminates at the south end of the Hillshire Creek Estates project. The applicant's plan shows a proposal to extend the existing public water line into the project, but reduce it in size to a 6-inch line. The Water .Department indicates that a 6-inch line will be too small;an 8-inch line is required. The applicant will be required to provide an 8-inch line through the project. Because the Improvements within Hillshire Creek Estates are still under construction,the water line has " �x v not likely been accepted by the Water Department. No connections to the existing water liner' will be allowed until that line is approved by the Tigard Water Department. r 3 sr GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction,grading,excavating,clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. As was mentioned previously,the applicant is proposing construction of the project adjacent to a creek that will be partially realigned. The applicant has stated that a DSL permit has been applied for. Prior to construction of this project,the applicant shall submit a copy of the DSL permit and shall demonstrate that all conditions from DSL will be met. Any mitigation required by DSL shall be done prior to,or in conjunction with this project. CO.FINAL ORDER SUB%-000 OR 96-M51VAR 96-OOO61SLR 960002-HILLSHIR5 HOLLOW SUBDIVISION PAGE 31 p 5 z,} The extensive grading required along the east edge of the project(adjacent to the steep z slopes]will necessitate the installation of retaining walls to support the slope behind the proposed lots. The City currently owns an open space area directly behind Lots 11-14 that is a fairly steep area considered undevelopabie. Staff recommends that the applicant be required to place the proposed retaining wall fully within the boundaries of the subdivision and,therefore,keep it out of the City open space area. The City should not be responsible for the maintenance of these retaining walls. In addition, the applicant's geotechnical engineer shall provide guidance for the design, placement and construction of the walls, including drainage provisions. As was stated previously, the drainage system behind the retaining walls must be tied into the proposed storm system for the project. f w � Z SECTION V: OTHER STAFF COMMENTS The Building Department reviewed this proposal and has offered the following comments: ° It is not clear where Lots 15-22 will drain. The existing topography is not conducive to drainage to the proposed streets. A private storm line at the rear of these lots may be needed. The storm line may need to be located immediately adjacent to the PGE Easement, or will PGE accept the drainage? ; r. ,r The following Conditions of Approval were recommended: 01, 1. A private storm line or other acceptable drainage plan shall be provided at the westerly end of Lots 15-22. 2. A geotechnical report regarding the proposed grading and the retaining wall,including µ design recommendations,shall be submitted with the Public Improvement Plans. r Okgk', •' No other corninunis or objections have been received. SECTION Vi: AGENCY COMMENTS The Tualatin Valley Fire District reviewed this proposal and stated that this plan is not ZN approved as proposed. The following items shall be addressed and resubmitted for review and approval to the Tualatin Valley Fire Marshall's Office: When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief.(UFC See.902.2.1 Exception 1). ° Where there are 20 or more dwellings,an approved second fire apparatus access roadway must be provided to a city/county roadway or access easement.(UFC Sec.902.2.2). r, t , I C.C.FINAL ORDER SUB 9640004JPDR 96-0005/VAR 96-DO061SLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE32 ' I R s The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectively,as measured from the same center point. (UFC Sec.902.2.2.3). Fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of more than 200 feet. (UFC Sec.902.2.2.6). Intersections and turnarounds shall be level(maximum 5%) except for crowning for water run-off. $ Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway. (UFC Sec 903.4.2.4). The minimum available fire flow for single-family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s)are 3,600 square feet or larger,the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A,Sec.5). e' n The Unified Sewerage Agency reviewed this application and provided the following comments: Wetlands mitigation to occur on-site or adjacent to the development. A Division of State Lands fill permit is required. r , �r No other comments or objections have becn received. s g� SUBDIVISION APPROVAL SHALL.BE:VALID ONLY IF THE FINAL IS SUBMITTED k 1a: TO THE CITY OFTIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION, allr 851 AMM It further ordered that the applicant and the parties to these proceedings; be notified of the entry of this order. I R E I C.C.FINAL ORDER SUB 4 00041 DR 96-0M0 AR 96-0 WSLR 96-0002-HILLSHIRE HOLLOW SUBDIVISION PAGE 33 m Aiiu�n � '- ��� ` ..�_ srs_. viii � � 1. - �' i ��n �.� � , 3 �„ ...,....� V�� • �-��•.s �` + :���� i���� ��� � ��1i►/N� �►... .. � X000-96 MIS 9000-96 UVA t 5000-96 2iOdv000-gs es 1 1 { # u®!S!A!P4nS MoOH e4SIilH ti V IN ! 'ON 2SVo r NV-ld 1O-ld , s 1 _ CP — k s s�✓ s Lj t Sa V a .A—_ t mi WAS, cc ® •ty 3 4 +� 1 3 1 t i t t 1