Resolution No. 99-24 CITY OF TIGARD,ORE-- //
G����ON i
RESOLUTION NO.99-�
A RESOLUTION ADOPTING THE FINAL ORDER FOR A SUBDIVISION, PLANNED
_ DEVELOPMENT AND VARIANCE(ERICKSON HEIGHTS SUBDIVISION—SJn 98-0009,rDR
98-0010 AND VAR 98-0010.
WHEREAS, The planning Commission reviewed this case at its meeting of November 2,1998;and
WHEREAS, The Planning Commission approved the application subject to certain conditions of approval
(Planning Commission Final Order 98-1OPC;and
WHEREAS, The City council voted to call the development up for Council review at its November 10,
1998 meeting;and
WHEREAS,a new public hearing with new testimony was provided on January 26,1999 and February 10,
1999;and
WHEREAS,the City Council determined that the Planning Cutrtriussion final order,-,with the exception of
} a few changes that were made by the Planning Commission was based on the facts in the record and
approvable;and
VVTHEREAS, the City Council directed the applicant to provide supplemental findings to the final order
with the changes to the Planning Commission Final Order approved at the end of the hearing;and
WHEREAS,the applicant has submitted the supplemental findings and staff has prepared the Final Order
for City Council review with the supplemental findings and revisions requested at the February 10, 1999
public hearing.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that;
SECTION 1: The Tigard City Council hereby approves SUB 98-0009/PDR 98-0010/VAR98-0010--
ERICKSON HEIGHTS SUBDIVISION subject to conditions of approval,based on the
information provided in the public record. The Final Carder approved by the City
lCouncil is hereby made a part of the permanent record.
PASSED: This e9O—" day of 21 1999.
r- ityof Tigard
f
ATTEST:
City Recorder-Cir; of Tigard
RESOLUTION NO.99-aA Page 1 of I
ERICKSON HEIGHTS SUBDMSION i:\citywide\res\ericksonresolut3.doe 1_'i 12-Apr-99 5:48 PM
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720 DAYS =4/27/99 CITY aFTIGARD
Community/Development
SfiapinBT/Better Community
CITY OF T6GAR®
clue-y'
NOTICE OF FINAL ORDER BY THE TIRARD CITY COUNCIL
COUNCIL REVIEW OF THE PLANNING COMMISSION'S DECISION FOR THE FOLLOWING:
Case Numbers: SUBDIVISION(SUR]98-9089/PIANNED DEVELOPMENT EVIEW IPDM 9"I"OLVARIANCE[WAR]98-0010
Case Name: ERICKSON HEIGHTS SUBDIVISION
Name of Owner: Albert and Yerlene Erickson Partnership and Trust
Name of Applicant: Renaissance Development Company
Address of Applicant: 1672 SW Willamette Falls Drive City West Linn State- OR Zig 97068
Address of Property: The subject parcels are Pact of PAW 109th north of the Summerfield Subdivision south
of the Canterbury Woods Condominiums and west of Hoodview and Marion Estates _
Subdivisions. Ci y Tigard State: OR Zip- 97223 I
I�Tax Map&Lot No's: 2511 ODA,Tax Lots 00100,1.1.200 and 00500 J
Raauest: ➢ The City Council held various public hearings to review the Planning Commission's decision to
approve a request to build a 58-lot Planned Development Subdivision on a 16.41 acre site. This site
also involves a request for a Variance to the maximum street grade. At the 2/1r;;'09 meeting, the
Council tentatively approved the request pending the submittal of findings supporting the decision. At
the 4/20/99 meeting,the Council adopted the findings supporting the preliminary approval.
Mmes: Single.Family Residential(10.000 Square Feet): R-3.5. The purpose of the R-3.5 zoning district is to
establish large urban residential home sites; and Planned Development: PD. The purposes of the PD
Overlay zone are to provide a means for creating planned environments through the application of
flexible standards which allow for the application of new techniques and new technology in community
development which will result in a superior living arrangement; to facilitate the efficient use of land; and
to preserve to the greatest extent possible, the existing landscape features and amenities through the
use of a planning procedure that can relate the type and design of a development to a particular site,
among other purposes. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters
18.32, 18.48, 18.80, 18.88, 18.92, 18.96, 18.100, 18.102, 18.106, 18.108, 18.134, 18.138, 18.160 and
18.164.
Action:➢ M Approval as Requested 0 Approval with Conditions 0 Denial
Notice: Notice was published in the newspaper,posted at City Hall and mailed to:
LAI Owners of Record within the Required Distance O Affected Governmental Agencies
4 O The Affected Citizen Involvement Team Facilitator 0 The Applicant and Owner(s)
n
Final Decision:%
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DATE OF FILING: APRIL 21,1999
THE DECISION WAS SIGNED ON �,1 to ,1999 AND BECOMES EFFECTIVE ONApflil Q D ,1999.
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a The adopted findings of fact, decision and statement of conditions can be obtained from the City of
Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon.
I®
al: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use
Board of Appeals(LUBA)according to their procedures.
Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at
(503)639-4171.
SUB 98-0009/POR 98-00WIVAR 98-0010 NOTICE OF FINAL.ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION
very%P 5UP eae er111 nRnsrr
B rm:Trawls®01ri COUNCIL CITY OF TIOARD I
.. CommunityOeveapment _
.SnaPi ABetter Commgnl-ty '
120 DAYS= 1/8/99
Extended to 2 GV'.�7� and thiel.9r an ted air additional 3 v►ack oxtei..`ion.
SECTION I. APPLICATION SUMMARY
CASES: FILE NAME: ERICKSON HEIGHTS SUBDIVISION
Subdivision SUB 98-0009
Planned Development PDR 98-0010
Variance VAR 98-0010
PROPOSAL: The request is to build a 58 lot Planned Development Subdivision on a
16.41 acre site. The proposal also involves a request for a Variance to
allow streets with a grade up to 17 percent, whereas the code states that
the maximum street grade is 15 percent.
APPLICANT: Renaissance Development Co. OWNER: Albert and Yerlene Erickson
1672 SW Willamette Fails Drive Partnership And Trust
West Linn,Oregon 97068 1230 N.Grant Street
Canby,Oregon 97013
ENGINEER: Harris-McMonagle Associates
Am 12555 SW Hall Boulevard
Tigard,Oregon 97223
COMPREHENSIVE
PLAN
DESIGNATION: Low Density Residential; 1-5 units per acre.
ZONING
DESIGNATION: Single-Family Residential (10,000 Square Feet); R-3.5 with Planned
Development; PD Overlay.
LOCATION: The subject parcels are east of SW 109th, north of the Renaissance
Heights Subdivision, south of the Canterbury Woods Condominiums, and
west of Hoodview Subdivision and Marion Estates Subdivision. WCTM
2S110DA,Tax Lots 00100,00200 and 00500.
APPLICABLE
REVIEW
a CRITERIA: Community Development Code Chapters 18.32, 18.48, 18.80, 18.88,
18.92, 18.96, 18.100,18.102, 18.106,18.108, 18.138, 18.160 and 18.164.
a
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SECTION IL THE COUNCIL'S DECISION
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a The City Council voted at the 2-10-99 City Councilmeeting to preliminarily approve the
proposal subject to certain conditions of approval The findings and conclusions on which the<
decision is based are noted in Section IV. The City Council adopted the findings and conditions
in this report at the Council meeting on 4/20/99.
SUB 98-0009/POR 98-0010/VAR 98-0010 NOTICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 1 OF 31
%
vvn4ve a e�v�v ve rerun mraL
AIIA �nunerer+uc cuw� . Q_E_cA-recFtFD PRIOR TO RECORDING
_- -"'FHi FINAL PLAT WITH WASHINGTON i:OUt4lWS,
(Unless otherwise specified,the staff contact for all conditions is,
Brian Rager with the Engineering Department at 503-639-4171.)
1. Prior to approval of the final plat, a public improvement permit and compliance
agreement is required for this project. Five/six (5/6)sets of detailed public improvement
plans and profile construction drawings shall be submitted for preliminary review to the
Engineering Department. (NOTE:these plans are in addition to any drawings required by
the Building Division and s~�uld 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 exact legal name, address and telephone number of the individual or
corporate entity who will be responsible for executing the compliance agreement(if one is
financial required) and providing the assurance for the public improvements. For
example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify
the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department
will delay processing of project documents.
3. The applicant shall provide a construction vehicle access and parking plan for approval by
the City Engineer. All construction vehicle parking shall be provided on site. No
construction vehicles or equipment will be permitted to park on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor or
subcontractor involved in the construction of site improvements or buildings proposed by
this application, and shall include the vehicles of all suppliers and employees associated
with the project.
4. Additional right-of-way shall be dedicated on SW Royalty Parkway to provide 30 feet from
centerline. This dedication shall be made on the face of the final plat.
5. The following right-of-way widths are approved for this subdivision:
SW Naeve Street(from south property line to SW Kable Street): 50 feet;
SW Naeve Street(between SW Kable Street and SW Lady Marion Drive): 42 feet;
SW Kable Street: 43 feet;
SW Forrest Drive: 42 feet;
SW Hoodview Drive: 46 feet;
SW Lady Marion Drive: 50 feet.
6. The applicant shall construct a half-street improvement along the frontage of SW Royalty
Parkway. The improvements adiacent to this site shall include:
A. City standard pavement section from curb to centerline equal to 20 feet;
B. pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. concrete curb,or curb and gutter as needed;
SUB 98-0009/PDR 98-0010NAR 98-0010 NOT110E OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHT-'SUBDIVISION PAGE 2 OF 31
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D. store: drainage, including any off-site storm drainage necessary to convey surfaee
and/or subsurface runoff;
E. 5-foot concrete sidewalk;
® F. street trees behind the sidewalk spaced per TDC requirements;
�> G. street striping;
H. streedighis as determined by the City Engineer;
I. underground utilities;and
J. street signs.
7. The following paved widths are approved within this project:
SW Naeve Street(from south property line to SW Kable Street): 32 feet;
SW Naeve Street(between SW Kable Street and SW Lady Marion Drive): 28 feet;
SW Kable Street: 32 feet;
SW Forrest Drive Place: 28 feet;
SW Hoodview Drive: 32 feet;
SW Lady Marion Drive: 32 feet.
8. Full width street improvements, including traffic control devices, mailbox clusters,
concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
sewers,storm drainage,streetlights,and underground utilities shall be installed within the
interior subdivision streets. Improvements shall be designed and constructed to local
street standards.
9. Lots 1 and 58 shall not be permitted to access directly onto SW Royalty Parkway.
10. The applicant's construction plans shall include the construction of a five-foot-wide
concrete sidewalk along the south side of SW Kable Street, from the eastern site
boundary to SW 100th Avenue. This work shall be completed by the applicant as a part
of the project's public improvements. Plans shall be submitted for City review and
approval prior to construction and no changes shall be made in the approved plans
without prior City approval. Construction shall be coordinated with the City. If the cost of
the sidewalk improvement exceeds $30,000 the applicant may submit and the City shall
pay a claim for the amount in excess of $30,000. The submission of the claim shall
include justification for the amount sought, and prior to payment the City shall have the
right to audit the applicant's project records in order to be satisfied that the claim is fair
and reasonable and the project costs and accounting are consistent with standard
industry practices.
11. The applicant shall install speed humps along SW Kable Street within the development
and to the east of the development site.
12. SW Naeve Street and SW Forrest Drive can be designed and constructed with a grade
not to exceed 17 percent.
13. Any extension of public water lines shall be shown on the proposed public improvement
construction drawings and shall be reviewed and approved by the City's Water
Department, as a part of the Engineering Department plan review. NOTE: An estimated
12 percent of the water system costs must be on deposit with the Water Department prior
to approval of the public improvement plans from the Engineering Department and
construction of public water lines.
14. All lots within this subdivision are to be served from the City's 550-foot pressure zone.
15. The applicant shall provide a looped connection between the water line in SW Naeve
Street and the existing water line in SW Kable Street.
SUB 98-0009,POR 98-OOIOAIAR 98-0010 NOTIICE OF FINAL ORDER RY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 3 OF 31
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® 16. The applicant shall provide a looped connection between the proposed new water line in
SW Kable Street and the existing 12-inch public water line in SW Royalty Parkway. The
applicant may need to extend the 12-inch water line southerly in SW Royalty Parkway to
reach the proposed intersection of SW Kable Street.
17. The public water system plan shall take into account that all houses lying adjacent to
SW Naeve Street and SW Forrest Drive, between SW Kable Street and SW Lady Marion
---
Drive, vvill be protected by approved automatic fire sprinkler systems,unless otherwise
permitted by the Uniform Fire CU(iG.
18. Sanitary sewer and storm drainage details shall be provided as part of the public
improvement plans. Calculations and a topographic map of the storm drainage basin
and sanitary sewer service area shall be provided as a supplement to the public
improvement plans. Calculations shall be based on full development of the serviceable
area. The location and capacity of existing, proposed, and future lines shall be
addressed.
19. The applicant shall provide sanitary and storm sewer laterals to the adjacent
undeveloped properties to the west (Tax Lots 00201 and 00202) or to the east, based
on agreement with applicant and staff, based on existing service and topography.
19a. The applicant shall revise the proposed storm drainage plan, specifically adjacent to lots
21,22,28 and 29 to avoid diagonal alignment across lot lines.
20. -7inal design plans and calculations for the proposed public water quality facilities 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 facilities shall be dedicated in tracts to the
City of Tigard on the final plat. As a part of the improvement plans submittal, the
applicant shall submit an Operations and Maintenance Manual for the proposed facilities
for approval by the Maintenance Services Director. The developer shall maintain the
facilities 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. Once the three-year
maintenance period is completed, the City will inspect the facilities and make note of
any problems that have arisen and require them to be resolved before the City will take
over maintenance of the facilities. In addition,the City will not take over maintenance of
the facilities unless 80 percent of the landscaping is established and healthy. If at any
time during the maintenance period, the landscaping falls below the 80 percent level,
a the developer shall immediately reinstall all deficient planting at the next appropriate
4 planting opportunity.
21. The applicant shall provide maintenance access roads to the facilities and any drainage
structures within the facilities to accommodate City maintenance vehicles. The access
roads shall be paved and a minimum of 15 feet wide. They shall also be contained within
® the tracts that encompass the facilities.
SUB 98-0009/PDR 98-0010NAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 4 OF 31
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® 22. An erosion control Dian shall be provided as Dart of the public Improvement drawings.
The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical
Guidance Handbook, February 1994."
23. 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,and show that they will be
"pad" graded to insure that the drainage is directed to the street or a public facility
® �ppr�ygri by the Engineering Depa irTlein. A soils report shall be provided detailing the
soil comDaction requirements consistent with the requirements of Appendix Chapter 33 of
the Uniform Building Code(UBC).
24. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC,
for the proposed grading slope construction. The recommendations of the report shall be
incorporated into the final grading plan. A final construction supervision report shall be
filed with the Engineering Department prior to issuance of building permits.
25. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant
to ORS 468.740 and the Federal Clean Water Act.
26. The design engineer shall indicate, on the grading plan, which lots will have natural
slopes between 10 percent and 20 percent,as well as lots that will have natural slopes in
excess of 20 percent. This information will be necessary in determining if special grading
inspections and/or permits will be necessary when the lots develop.
27. Final Plat Application Submission Requirements:
A. Submit for City review three (3) paper copies of the final plat prepared by a land
surveyor licensed to practice in Oregon,and necessary data or narrative;
B. The final plat and data or narrative shall be drawn to the minimum standards set
forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by
the City of Tigard;
C. The right-of-way dedications for all streets shall be made on the final plat;
D. NOTE: Washington County will not begin their review of the final plat until they
i receive a letter from the City Engineering Department indicating: 1) that the City
has reviewed the final plat and submitted comments to the applicant's surveyor,
and 2) that the applicant has either completed any public improvements
associated with the project, or has at least obtained the necessary public
improvement permit from the City to complete the work;and
E. Once the City and County have reviewed the final plat,submit two myiar copies of
the final plat for City Engineer's signature.
Aft 28. Submit a street plan that shows the proposed street trees will meet the tree spacing
standards.
SUSKSON 8/EIG TSSUBNAR 96:n'�iv
NOTIICE OF FINAL ORDER BY THE CRY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 5 OF 31
2Q, Confirm the sive of the devel p..an' site r !f f
_...... ..... .,.�.. .... a..., a.a,.�.,,r...a,,,a alae a„u. a uvava�tuy, ea<u�usi u`�es iriirri[`7er or lots
accordingly.
W PRIOR TO THE iSSt ANCE OF BUILDiN(3 PERM[TS THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:
(Unless otherwise noted,the staff contact shall be Brian Rager
with the Cngineenng Department at 503430.4171.:)
30. Prior to issuance of building permits, the applicant shall provide the Engineering
.�ijio�wi.3y_eu:....::............__M �!
-- - - 1 HIV OYYY.Y IpIVII% Cil alllVll IGL.
31. Prior to issuance of any building permits within the subdivision, the public improvements
shall be deemed subs{antially complete by the City Engineer. Substantial completion
shall be when: 1) all utilities are installed and inspected for compliance, including
franchise utilities;2)all local residential streets have at least one lift of asphalt;3)any off
site street and/or utility improvements are completely finished; and 4) all street lights are
installed and ready to be energized.
32. Prior to issuance of building permits for lots lying adjacent to SW Naeve Street and
SW Forrest Drive, between SW Kable Street and SW Lady Marion Drive, the builders
shaii indicate on the house pians that each house will be protected by an approved
automatic fire sprinkler system. The sprinkler system shall be reviewed and approved by
the Building Division.
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS,THE'
FOLLOWINGCONDITIONSHALL BE SATISFIED:
(Unless otherwise noted,the staff contact shall,be JULIA POWELL HAJDUK
AM
with the Planning Division at 503-639-4171:)
33. All site improvements shall be installed as per the approved plans.
1N ADDITION,THE APPLICANT SHOULD BE AWARE OF THE
FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT
CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.160.170 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are
issued by the City,the Subdivider shall:
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' 1. Execute and file an agreement with the City Engineer specifying the period within which
all required improvements and repairs shall be completed; and
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2. Include in the agreement provisions that if such work is not completed within the period
3 specified, the City may complete the work and recover the full cost and expenses from
a the subdivider.
dl The agreement shall stipulate improvement fees and deposits as may be required to be paid and
the i ..rev .., nts in stanvc and for the extension of
may also provide for the construcuun cl �IIa ....�.V.e..�..... ... _. _
time under specific conditions therein stated in the contract.
SUB 98-0009/POR gt<W10/VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 6 OF 31
18.160.180 Bond:
As required by Section 18.160.170,the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact
business in the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State
of Oreaon which remains in force until the surety company is notified by the City in writing
that it may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by
a registered civil engineer, to assist the City Engineer in calculating the amount of the
performance assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without
having first secured written authorization from the City.
18.160.190 Filing and Recording:
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.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the
recorded final plat.
18.162.080 Final Plat Application Submission Requirements:
Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in
Oregon,and necessary data or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes(ORS 92.05),Washington County,and by the City of Tigard.
I STREET CENTERLINE MONLIMENTATION SHALL BE PROVIDED AS FOLLOWS:
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1 Centerline Monumentation
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In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street
and roadway rights-of-way shall be monumented before the City accepts a street improvement.
S
a The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All Guruc-Sec ic,,—r pohn. an..
SUB 98-0008/PDR 98-001ONAR 98-0010 NOTIICE OF FINAL ORDER BY`HE CIN COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 7 OF 31
® 3. Curve points, beginning and ending points(PC's and PT's).
® All centerline monuments shall be set during the first lift of pavement.
Monument ent Boxes Required
Monument boxes conforming to City standards will be required around all centerline intersection
points,cul-de-sac center points,and curve points.
c'
10F.-ail Iil.I/lug �G�It UVRC.7 Si1Gii U mel to Ill lIsliuu�dvemeflt grade.
18,164 Street& Utility Improvement Standards:
18.164,120 Utilities
All utility lines including, but not limited to those required for electric, communication, lighting and
cable television services and related facilities shall be placed underground, except for surface-
mounted transformers, surface-mounted connection boxes, and meter cabinets which may be
placed above ground, temporary utility service facilities during construction, and high capacity
electric lines operating at 50,000 volts or above.
18,164.13Q Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the City.
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.160.180.
18.164.150 Installation: Prerequisite/Permit Fee
No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks,
curbs, lighting or other requirements shall be undertaken except after the plans therefor have
been approved by the City,permit fee paid and permit issued.
18,164,1 8Q Notice to City Required
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Work shall not begin until the City has been notified in advance.
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If work is discontinued for any reason, it shall not be resumed until the City is notified.
18 164,200 Engineer's Certification Required
The land divider's engineer shall provide written certification of a form provided by the City that
all improvements, workmanship and materials are in accord with current and standard
- d construction practices, oral are of high gra-d3 ir o the Cit.'acceptance c the
2.^yina�ring...n... -........ praC.,...,.�,..., ......., y„y......... p^q, QVLGrJlC111liG ail
subdivision's improvements or any portion thereof for operation and maintenance.
SUB 98.0009/PDR C8-001
0NAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PACE 8 O 31
M
Fm I m
THIS APPROVAL SHALL BE VALID FOR IS MONTHS
FROM THE EFFEOTIVE DATE OF.THIS FINAL_ORDER.
SECTION III. BACK QIJND INFORMATION
Site History:
This site was a Washington County registered Wood Lot. Registered wood lots are exempt
from the tree removal standards. The property owners previously obtained permits from the
Department OT Forestry t0 log the property. L,dUCSiIUrlS VVCIC iSiSeu aunt vJilGtiiGi�:iiy porlTiiiS
were required to log this property. The Community Development Director made an
interpretation that the logging of the site was a material change and thus, Site Development
Review was required. The property owners appealed this interpretation and the decision was
overturned. The applicant obtained a Site Work permit (SIT 97-0040) from the Building
Division to log the property.
The applicants came to the Planning Commission in June 1998 to request a zone change
(ZON 98-0001/PDR98-0002)from R-3.5 to R-4.5. The zone change request was denied, but
the Planning commission did vote to approve the Planned Development Oveday on this site
which will allow a planned development.
The site size mentioned in the zone change request was 16.02 acres. The site size in this
request is 16.41 acres. Staff is uncertain where this additional property came from as the lots
included in this proposal are the same as those included in the zone change proposal. Staff
recommends a condition be attached which requires the applicant to confirm the site size and,
MW if necessary, adjust the number of lots accordingly. A revision resulting in fewer lots due to
confirmed site size density requirements will still be in substantial conformity to the approved
plan.
Vicinity Information:
The site abuts SW Royalty Parkway, SW 109th Avenue, a small acreage with a single-family
home and an undeveloped parcel on the western boundary. The Renaissance Summit
Subdivision and 3 undeveloped parcels abut the southern boundary of the site. The eastern
boundary abuts the Hoodview Subdivision, the Hoodview No. 2 Subdivision and the Marion
Estates Subdivision. The Canterbury Woods Condominiums adjoin the northern boundary.
The subdivisions and tracts to the south and east of the site are zoned R-3.5. The apartment
tracts to the north of the site and west of SW Royalty Parkway and SW 109th Avenue are
zoned R-12.
n
Site Information and Provosal Description,
The property is 16.02 acres. There is a slope from north to south with an average grade of
13.5 percent. There are no significant natural features such as wetlands, waterways or
significant drainage ways,historical features or cultural features identified on the site. The site
has a"Developing Area"designation on the Comprehensive Plan. The proposal is for a 58 lot
planned development subdivision.
Council Considerations
This matter came before the Tigard City Council on its own motion for public hearing on
December 8, 1998 and at the request of applicant the public hearing was continued until
January 26, 1999 in hopes of resolving issues with the neighbors.On vote of the City Council
SUB 98-0009/PDR 98-00101VAR 98-0G1G NOTIICE OF FINAL ORDER BY THE CITY COUNtCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 9 OF 31
the public hearing was again continued until February 10, 1998,to allow additional nnnortunitV
for public input and fording common ground between the neighbors. Notice setting forth the
nature of the request, applicable standards and time and place of the hearing was issued
AIM pursuant to City of Tigard standards. A copy of said notice and date of issuance is by this
reference incorporated herein. The Council interprets City of Tigard codes and ordinances
governing land use hearing notice and specifically finds that the i--ued .notice meets the
appropriate standards.
•..OJ„_IV .....J ...�-���+t;.li,!!�r n neighbors
YJaS j�r2i,
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surrounding the development site. The opposition was primarily focused at keeping increased
vehicular traffic from the particular street upon which each opponent's home was located.The
opponents living on SW Lady Marion Drive did not want that street's "stub" removed and the
Drive extended due to their opposition to increased traffic along SW Lady Marion Drive.
Likewise the people concerned about SW Kable Street and SW Hoodview Drive opposed
extension of those stubbed streets into the subject property for the same reason the SW Lady
Marion Drive people opposed extension i.e. increased traffic.The concerns about opening SW
Naeve were also addressed by the neighbors.
A compromise design for the subdivision street layout agreeable to the neighbors was sought
by the City and Applicant. The solutions proposed by the neighborhood, however, were
inconsistent amongst themselves with no apparent basis for agreeing to a common proposal
which met City Code, including providing sufficient connectivity of public streets. The City
Council weighed the various concerns stated and selected what appeared to it to be the best
option. That being the option supported by the City Planning Staff to the extent that support
differed from the City of Tigard Planning Commission decision under review.
SECTION IV APPLICABLE REVIEW CRITERIA AND FINDINGS
Impact Study: Section 18.32.050 states that the applicant shall provide an impact study
to quantify the effect of development on public facilities and services. For each public
facility system and type of impact, the study shall propose improvements necessary to
meet City standard, and to minimize the impact of the development on the public at
large,public facilities systems, and affected private property users. In situations where
the Community Development Code requires the dedication of real property interests,
the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide evidence that supports that the real property dedication
requirement is not roughly proportional to the projected impacts of the development.
Section 18.32.250 states that when a condition of approval requires the transfer to the
public of an interest in real property,the approval authority shall adopt findings which
support the conclusion that the interest in real property to be transferred is roughly
proportional to the impact the proposed development will have on the public.
a
Any required transportation system improvements and the Washington County Traffic Impact
Fee(TIF)are mitigation measures intended to minimize the impact this development will have
on the trans-ortation system Rased on a transportation impact study prepared by :vu. Iia.•id
mr Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, incorporated by this reference in
this record, TIF's are expected to recapture 32 percent of the traffic impact of new
development on the collector and arterial street system. The report does not address the
SUB 9&0009.PDR 98-0070NAR 98.0010 NOTiiCE OF FINAL--..DEP.BY THE CIT.'COU-MOIL
PAGE 10 OF 31
ERICKSON HEIGHTS SUBDIVISION
additional unmitigated impact development has on the local street system, bi-t the Council
finds that the applicant's traffic study establishes that this development :rill Impact the
surrounding local street system. Presently, the TIF for each trip that is generated is $189.
The total TIF for ca attached, single-family dwelling is $1,899. The applicant did not present
substantial evidence that undermined the credibility of the Larson study as applied to this
application.
The applicant is beinn ranuircrl +„ cc-str ... improvements along SIRS Royalty
Parkway, a minor collector. The Engineering Department has estimated the cost of half-street
improvements to be approximately $200 per lineal foot. Assuming a cost of$200 per linear
foot, it is estimated that the total cost of the half-street improvements for SW Royalty Parkway
is $38,000 (190 feet x $200). That estimate is not contested by the applicant. Upon
completion of this development, the future builders of the residences will be required to pay
TIF's of approximately $110,142 ($1,899 x 58 dwelling units). Based on the Larson study
conclusion that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this project's traffic impact is $345,740
($110,142 divided by .32). The difference between the TIF paid and the full impact, is
considered the minimum unmitigated impact this development has on the transportation
system. Since the TIF paid is $110,142, the minimum unmitigated impact is $235,598. All
streets within the development are local streets intended to serve the subdivision. Because
the streets are needed to serve the development and to meet the standards of the code, they
are directly required to meet the impact of this development. In addition, the applicant has
concurred with the construction on SW Royalty Parkway as well as the streets intended to
serve the development. As will be discussed further in this report, staff is recommending and
the Council agrees that the applicant be required to construct a sidewalk along the south side
of SW Kable Street from the eastern site boundary to SW 100th Avenue, due to the impact on
pedestrian and traffic safety on SW Kable Street, re ulting from the development. Engineeri--
staff has estimated the costs of these improvements will be approximately $30,000, the
applicant estimates the cost to be$70,000, both figures being much less than the unmitigated
impacts of$235,598 and the improvement requirements. Therefore, the transportation system
improvements required for this development are roughly proportional to the impacts resulting
from this development." More discussion on the requirement to install sidewalks is provided
under the PUBLIC FACILITY CONCERNS section of this report.
PRELIMINARY SUBDIVISION PLAT APPROVAL STANDARDS
Subdivision Design: Section 18.160.060(A)contains standards for subdivision of parcels
into four or more lots. To be approved,a preliminary plat must comply with the following
y criteria:
The proposal must comply with the City's Comprehensive Plan, the applicable zoning
ordinance and other applicable ordinances and regulations.
As will be discussed further in this report under AFPLICADLE TIGARD DEVELOPMENT CODE
crnntnnor�c the proposed subdivision complies with the Comprehensive Plan MoD's Low
Density Residential opportunity for the site, as well as, with the applicable policies and
regulations of the R-3.5 zone and other applicable ordinances and regulations of the Tigard
Development Code.
SUB 98-0009/PDR 98-00I01VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 11 OF 31
Tiie proposed pial name mutii nui be dup;1caati-va and --ust otherwise sxatlefy the
provisions of ORS Chapter 92. j
The applicant has provided evidence of the subdivision name reservation from Washington !�
County.
®' 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.
The street layout extends streets stubbed to this property through the development site. Street
and connectivity standards are discussed in more detail further in this report.
An explanation has been provided for all common improvements.
The applicant has provided an explanation for all common improvements including the provision
for public services such as sewer., water, drainage and street improvements. Therefore, this
criteria has been satisfied. The improvements are discussed in detail and conditions applied, if
necessary,further in this report.
FINDING: Based on the above analysis, staff finds that the subdivision plat approval
standards have either been met outright, do not apply or are discussed and
conditioned in further sections of this report.
APPLICABLE IIGA v uC VELn a"IENT CODE j_ANDAR
D-S
DimensionalReouirements and Development Standards (Section 18.48): Soction 18.48
states that the minimum lot area for each single-family lot in the R-3.5 zoning district is
10,000 square feet and the minir-um lot width requirement is 65 feet for detached units
and 90 feet for duplex units. The following dimensional requirements must be met:
Minimum lot size 10,000 Square Feet
Average lot width 65 Feet/90 feet
Front setback 20 Feet
Garage setback 20 Feet
Interior side yard setback 5 Feet
Corner side yard setback 20 Feet
G Rear setback 15 Feet
Maximum building height 30 Feet
N
While the dimensional standards apply to the R-3.5 zone,the applicant has applied for Planned
A Development approva! which allows for smaller lot sizes provided the overall development does
not exceed the density allowed. The smallest lot is 6,917 square feet and the largest lot is
14,784 zquare feet. The majority of lots less than 10,000 square feet are on the interior of the
project and along the northern portion of the site, adjacent to R-12 zoned property. The lots
adjacent to existing R-3.5 developed lots are over 10,000 square feet with the exception of lot*
14-17 and lot 36.
SUB 98-0009/PDR 98A010/VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 12 OF.'.1
----�' Dcvc!^^^^�•++ standards,the front and rear yard setbacks for
in accordance will o the Manned��., .,N...�...
structures on the perimeter of the project shall be the same as required in the base zone. For
interior lots,the side yard setback does not apply,and the front and rear yard setbacks shall not
® apply except a minimum 20-foot setback is required for any garage structure facing a street or a
minimum front yard of 8 feet for any garage opening for an attached single-ramiiy dric;l!r;y`=^i_^:g
a private street, provided required off-street parking is met. i-he lots are large enough and of
sufficient dimension to support the conclusion that it is feasible that the houses placed in the
perimeter lots can meet the required setbacks. Each lot will be reviewed during the building
permit phase to insure compliance with the applicable Uniform Building Cooe setbacks.
FINDING: Because the Planned Development will allow flexibility in lot sizes, and building
review for perimeter lots will insure the required setbacks are met,the dimensional
requirements standard has been satisfied.
Applicable Comprehensive Plan RQUclea
Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an
opportunity to participate in all phases of the planning ars:development review process.
Policy 2.1.1 is satisfied because a neighborhood meeting was held by the applicant on July 1,
1997. Notice of the public hearing was provided to owners of property within 250 feet, posted at
each street stub into the proposed development and published in a newspaper of general
circulation.
Housing Needs: Policy 6.1.1 states that the City shall provide an opportunity for a
diversity of housing densities and residential types at various prices and rent levels.
Policy 6.1.1 is satisfied because it continues to allow for low density residential development.
FINDING: The proposal has satisfied the applicable Comprehensive Plan Policies.
Solar Access-S�rtjan 18.88.040 states that the solar access design standard shall apply
to applications for a development to create lots in R-1, R-2, R-3.5, R-4.5, and R-7 zones
and to create lots for single-family detached and duplex dwellings in all other residential
1 zones. Section 18.88.040(C)(1) contains solar access standards for new 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 mo'a of
the newly created parcels meet this standard.
N
The applicant has stated that lots 11-23, 26-33 and 46-53 should not be included in the required
percent, stating that it meets criteria 1 for the Adjustment to Design Standards. Criteria 1 is
Y� adverse impact on density and cost or amenities. Staff concurs based on the analysis provided
in the narrative.
FINDING: Because adjustments to the design standard warrants a reduction in the percent of
AML juts that must comply with the solar access basic design standard and because
lots 1-10, 24-25,34-45 and 54-58 meet the basic design standard,this has been
satisfied.
SUB 98-0009/PDR 98-001ONAR:':-0010 NO-MCE OF MAL CP,DER BY THE CIT.'COUNCIL
ERICKSON HEIGHI'ss SUSIMI ION PAGE 13 OF 31
• Denslty: Section 18.92.020 contains standards for determining the psrrvnitt&d 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, land dedicated for public
roads or parks, or for private roadways. Tho net area Is then divided by the minimum
_ parcel size permitted by the zoning district to determine the number of lots which may be
created on a 5RZ.
The gross area of the site is 16.41 acres (714,856 square feet). The net developable aioa Cf the
site, after deduction of 134,147 square feet for public right-of-way is 13.33 acres (580,709
square feet). With a minimum of 10,000 square feet per lot,this site yields an opportunity for up
to 58 lots under the R-3.5 zoning designation. The applicant has proposed a 58 lot subdivision.
FINDING: Based on the analysis above,the plan meets the density of the site.
Landscaping and screening(Section 18,10)
Landscaping: Section 18.100 contains landscaping standards for new development. The
applicant must comply with the standards set forth in Section 18.100.035 which requires
that I development projects fronting on a public or privai:e street,or a private driveway
more than 100 feet in length plant street trees. Section 18.100.035(B) states the specific
spacing of street trees by size of tree shall be as follows:
1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide
branching)shall be spaced no greater than 20 feet apart;
2. Medium sized trees(25 feet to 40 feet tall,16 feet to 35 feet wide branching)shall be
spaced no greater than 30 feet apart;
3. Large trees(over 40 feet tall and more than 35 feet wide branching)shall be spaced
no greater than 40 ret apart.
The typical street section and the narrative indicates street trees will be planted, however,the
plans do not shove the size or spacing so staff can not determine that this standard has been
met. Because this requirement has specific type and spacing requirements,and sufficient street
right of way and easement areas are provided, it is feasible for the applicant to meet this
standard by simply providing a plan that shows the type of tree to be planted with the required
spacing. This should be required as a condition of approval.
Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating
widths of buffering and screening to be installed between proposed uses. The Matrix
indicates that where detached single-family abuts detached single-family structures,
„ there is no required buffer and screening.
L
This criteria is satisfied as buffering and screening is not required where single-family residential
development abuts single-family residential development.
a
FINDING: Because the type and spacing of trees has not been provided, staff an not
determine if the standards have been met. If the applicant submits a street plan
that shows the proposed trees will meet the tree spacing standards,the criitania will
be met.
E
SUB 93-00091PDR 98-001 ONAR 98-0010 NOME OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 14 OF 31
vvwv' v'v,veuv.m.il a u.treat plan that --ho s the proposed trees will rnet the trae soacina
1
standards.
Visual Clearance Areas(Section�8.10 Section 18.102 requires that a clear vision area
shall be maintained on the corners of all property adjacent to intersecting right-of-ways or
the intersection of a public street and a private driveway. A visual clearance area is the
triangular area formed by measuring a 30-foot distance along the street right-of-way and
the driveway and then connecting these two 30-foot distance points with a straight line.
® A clear vision area shall contain no vehicle, hedge, planting,fence,wall structure,signs,
or temipQ a.y _ p-r anent obstruction exceeding three feet in height. The height is
'. f orn ills tOp .7f the Ci7rb, vT Yir•'cr2 'v cui, v_-_t$, sr�--. the supe} enter line a
measure., rte."'
grade, except that trees exceeding this height may be located in this area, provided all
branches below eight feet are removed.
This standard will be reviewed at time of development for individual lots.
FINDING: Because the review of individual lots will insure vision clearance standards are
met,this is not applicable at this time.
Off Street Parking (Section 18.106): Section 18.106.030.(A)states that each lot is required
to provide 2 off-street parking spaces.
Review for compliance with parking standards will be reviewed during building permit review for
the individual lots.
Access, Egress and Circulation (Section 18.108.070 : This Section states that the
minimum driveway required for each lot shall be 15 feet with 10 feet of pavement width.
Section 18.108.070.A states that the minimum access width shall be 25 feet and the
minimum pavement width shall be 20 feet for private streets serving between 3-6 lots.
Compliance with individual lot driveway widths shall be reviewed at the time of building permit
Plan Check.
Emergency vehicle turnaround: Section 18.108.070.0.states that access drives in excess
of 150 feet in length shall be provided with approved provisions for the turning around of
fire apparatus by a hammerhead configured, paved surface with each leg of the
hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet.
4
There are no streets or access drives in excess of 150 feet that do not provide through
D circulation at this time. The streets are discussed in more detail under PUBLIC FACILITY
" CONCERNS and Variance Criteria.
"
FINDING: Staff finds that, as proposed,the Access, Egress and Circulation standards have
been met. Additional review will be required at time of building per.-aits to insure
that individual driveways are in compliance.
Tree Removal (Chaoter 18.150): Section 18.150.025 mquires that a tree plan for the
planting, remover ared proiectror of trees prepares+ Iny a certified arborist shall be
provided with a subdivision application. The tree plan shall include ia'ee' 'rcatEon of ail
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
I® construction.
SUB 88-00091PDR 98-0010NAP.9910010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIV-SION PAGE 15 0r 31
i� This property was a Washington county registered tree lot and received commercial logging
® permits from the uepartment of Forestry in 1997. Regisiered wood juts are exernpi irom the tree
removal standards. Because all trees on the site are/were permitted to be removed in
accordance with registered wood lots,this standard does not apply.
FINDING: Because the site has been logged in accordance with the forestry permit process,
the tree removal standards do not apply.
Subdivision Variance - Maximum street grades: Community Development Code Section
" 1910.�2D provides standards for granting a variance as indicated in-•-bold' print below:
The applicant is requesting a variance to the maximum street grade standards to allow grades of
up to 17 percent on SW Naeve Street and SW Forrest Drive. The applicant states this is needed
to meet connectivity, block size and block length standards. They state that i:he streets would
require cuts of over 30 feet to meet the grade standards of Section 18.163.M. The review of the
variance request is discussed below. (NOTE: The PUBLIC FACILITY CONCERNS Section of
this report will address the streets in detail).
There are special circumstances or conditions affecting the property which are unusual
and peculiar to the land as compared to other lands similarly situated.
The applicant states, "Existing street patterns and concerns for connectivity dictated the
placement of 6 access points into the property. With these points established, the proposed
street pattern then had to respond to standards for block size and block length, which in turn
dictated the use of two streets that will run perpendicular to the slope of the site. Because of the
steep grades on the site, SW Naeve Street and SW Forrest Drive would have to be cut into the
ground at least 30 feet to meet the grade standards, making the streets impractical to build and
use. This situation is unusual and peculiar to this particular site, and a variance is required to
remedy this development challenge."
Staff concurs with the applicant's statement on this criteria.
The variance is necessary for the proper design or function of the subdivision.
The applicant states,"A variance is required to build a road system that is practical to construct,
provides required connections to existing neighborhoods abutting the site and that meets the
requirements for block size and block length."
y Staff concurs with the applicant's findings on this criteria.
H
The granting of the variance will not be detrimental to the public health, safety, and
welfare or injurious to the rights of ether owners of property.
a
a
The applicant states,"The streets that will require the variance to slope standards are located on
ti the interiur of the site and wil have no impact on adjacent properties. The variance allows for a
street pattern that meets standards for block size and block length and provides connections to 6
existing access points into and through the Erickson. Heights site. The variance allows for
® increased connectivity,which in tum allcvis for greater dispersion of traffic for the entire area and
rnut" nhn access routes for emergency vehicles in case of emergency. Safety concerns
associated with these steeper streets are more than outweighed by this increased connectivity
and practicality of construction that the variance affords."
SUB 98-0009/PDR 98-00101VAR 98dC10 NOTICE OF FWAL ORDER B:'THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 16 OF 31
- o aNpiieal-� s findings, one exception. As per the Uniiumt Fire Cude,
homes on streets with access exceeding 15 percent over 200 feet must be fire sprinkle=d. This
standard can be.met provided a condition of approval is attached that requires fire sprinklers to
be installed for homes along SW Naeve Street and SW Forrest Drive.
The variance is necessary for the preservation and enjoyment of a substantial property
right because of an extraordinary hardship which would result from strict compliance
with the regulations of this title.
® The applicant states, "Without this variance, a road system can not he developed for this site
that is practical to construct, provides access to the proposed single-family lots and meets all of
n:.t �
i11-IG I 1110IIr1Illg VILy JLOIIu QIu� lul .�LrGeLZ.LJ VCIup111erIt of il1Is s*Le would 'oa.rrly limitedby
the strict imposition of the street grade standard,which would place and extraordinary hardship
on the owner of the site and the applicant. The variance is necessary to preserve the right to
develop this land as it was intended to be developed and to maximize the development potential
of land within the Urban Growth Boundary. A variance will allow development to proceed, which
is in the best interest of the property owner, the applicant,the surrounding neighborhood and the
City as a whole."
Staff concurs with the applicant's findings.
FINDING: Based on the above analysis, staff finds that the subdivision variance criteria have
been met.
CONDITION:Record a deed restriction for lots along SW Naeve Street and SW Forrest Drive
that states fire sprinklers are required. Prior to issuance of building permits on
these lots, sprinklers must be installed.
Street and Utility Improvements Standards: Section 18.164 contains standards for streets
and utilities serving a subdivision.
Improvements: Section 18.164.030(A) states that no development shall occur unless the
development has frontage or approved access on a public street and requires streets
within and adjoining a development to be dedicated and improved based on the
classification of the street.
The dedication and improvement standards are discussed and conditioned further in this report
under PUBLIC FACILITY CONCERNS.
I Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future
street plan shall be filed which shows the pattern of existing and proposed future streets
from the boundaries of the proposed land division.This section also siates that where it
is necessary to give access or permit a satisfactory future division of adjoining land,
{ streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining
a properties are not considered to be cul-de-sac since they are intended to continue as
3 through streets at such time as the adjoining property is developed.
a
The property extends all streets through to existing streets with the exception of SW Lady Marion
Drive. This street will extend through the property and stub at Tax Lot 00201. This street will be
extended to SW Royalty Parkway at the time of development of Tax Lot 00201. The street
d further in this report rin(,or PI IRI IC FACILITY CONCERNS,
extension issues are tiiSGiiaS2u,..,,,,.,. _,__.._..__.
SUB 98-0009/PDR 98-0010/VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 17 OF 31
Sact!_n 10 ec.l norm_\requires A Inca!ratmetg whI
�7�ItltlL NIIg11111Clll ailY VVIR/e1rt1V71�=^vl0\I act!on -V.Iv-'.vvv�v� ==:�»'^ e _ �.h
abut a develnnrnont sit_ �hnn Sa_vfs ref— ,1�a a ea_ :a a .,arlm thrnleala .-
__ n1rculation _
_
when not procluded 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 more 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.
1
The criterion is satisfied because all streets abutting the site wiii be extended tiliougil the
development.
Existing Rights-of-way: 18.164.030(1) requires that whenever existing right-of-way
adjacent to or within a tract are of less than standard width, additional right-of-way shall
be provided at the time of subdivision or development.
The applicant will be extending streeis through the property. The only existing road being
required to be improved adjacent to the property is SW Royalty Parkway. This street is being
required to be improved with half-street improvements. This is discussed in more detail further in
this report under PUBLIC FACILITY CONCERNS.
Grades and Curves: 18.164(M).1 states grades shall not exceed ten percent of arterials,
12 percent on collector streets, or 12 percent on any other street (except that local or
residential access sCreets may have segments with grades up to 15 percent for distances
of no greater than 250 feet.
The applicant has req 1,3sted a variance to this standard. This was discussed and approved
previously in this report,
Block Design: Section 18.164.040(A) states that the length, width and shape of blocks
shall be designed with due regard to providing adequate building sites for the use
contemplated, consideration of needs for convenient access, circulation, control and
safety of street traffic and recognition of limitations and opportunities of topography.
Block Sizes: Section 18.164.040(B)(1) states that the perimeter of blocks formed by
streets shall not exceed 1,800 feet measured along the right-of-way line excerY:
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; or
5 3. For non-residential blocks in which internal public circulation provides
a equivalent access.
The blocks within the development do not exceed 1,800 feet.
Block Lengths: Section 18.164.040(B)(2) siiatas tha:•Then i=1_ck lengths greater than 600
feet are permitted,pedestrian/bikeways shall be provided through the block.
SUB 98-0009/PDR 980010NAR 98-0010 NOTICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 18 OF 31
`"' Street, Suy Forrest Drive-; SW Kable Street and SW Lady
� The block ieriyins vi1 .51+� Lac. ,
Marion Drive do not exceed 600 feet.
Conformance with Transportation Plan
This application consists of an infill of vacant, bypassed lands, between areas of development.
Development at urban levels is encouraged by the Comprehensive Plan. The applicant
proposes to construct 58 units of residential housing on the subject property. The proposed
density is consistent with Comprehensive Plan policies. The proposed development design,
including without limitation, the street layout and points of connection, is consistent with City
ordinances nova_,rnino street design, includinq block distance, street length and connectivity.
The requested variance for grade adjustment is permitted given the need to acknowledge i
topographical realities as well as City street design and related code provisions.This is a PUD,
which by definition allows flexibility in design to reflect topographical reality. Permit conditions
relating to fire safety issues are in place which will require fire suppression sprinklers to be
installed in homes in areas where such extra protection is necessary.
Lots-Size and Shape: Section 18.164.060(A)prohibits lot depth from being more than 2.5
times the average lot width,unless the parcel is less than 1.5 times the minimum lot size
of the applicable zoning district.
The Planned Development process allows flexibility in the lot size, depth and width standards.
Because this is being processed as a Planned Development,this standard does not apply.
Lot Frontage: Section 18.164.060(8) requires that lots have at least 25 feet of frontage on
Ask
public or private streets,other than an alley,unless the lot is for an attached single-family
dwelling unit,in which case the lot frontage shall be at least 15 feet.
All lots exceed the minimum 25-foot frontage requirement for single-family units.
Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets.
The applicant must construct full street improvements for the new streets. Standard street
improvements include sidewalks. Refer to the PUBLIC FACILITY CONCERNS section for
additional information on sidewalks.
4 FINDING: Based on the above analysis, staff finds the Street and Utility Improvement
[ Standards have either been met,will be addressed further in this report,or do not
apply-
Planned Development: Section 18.80 allows the option for an applicant to create a more
efficient, economically viable development that preserves natural lead features while
q implementing the density range provided through the Comprehensive Plan. This type of
subdivision normally permits higher density than would be possible given the minimum
a lot size requirement for the zoning district.
The Planned Development Review is a three step process as follows:
1. Approval of a planned develo®me-int overlay zone;
2. the second step is the approval of the planned development concept plan; and
3. Approval of a Detailed Development Plan is also required.
SUB 984)009/PDR 98-001C/VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 19 OF 31
f� The anuli{a t nllg j f •and r��= ' - -- _ I_ "):lj
® -h.. nt-po: a^laininad Development oveflay as�aJ l vi L'v".
and PDR 98-0002, The applicant has requested Conceptual Planned Development approval
with this application to comply with the second step. 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 to comply with the
third step.
® The Planned Development Cede Section 18.30.060 states a Planned Development shall be
allowed on all lands shown on the Comprehensive Plan Map a developing.
This site has a"Developing Area"designation,thus meeting this criteria.
Section 18.80.120 (Planned Development Review - Approval Standards) requires that a
development proposal be found to be consistent with the various standards of other
Community Development Code Sections. The applicable criteria in this case are
Chapters 18.32, 18.50 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150,
18.160 and 18.164. The proposal's consistency with these sections has been reviewed
within this report.
Section 18.80.120(A)(3) provides additional review standards for Planned Development
The following standards have been addressed previously in this report: 18.80.120.A.3.f
(Access and Circulation), 18.80.120.A.3.k (drainage). Many of the Planned Development
standards do not apply because the development is for a single-family subdivision as
opposed to a multi-family or commercial development. Because certain standards do not
apply to this development, they will not be discussed in this report. The inapplicable
standards are : 18.80.120.A.3.c(Privacy and noise), 18.80.120.A.3.d(Private outdoor area:
Residential Use), 18.80.120.A.3.e (Shared outdoor recreation areas: Residential use). The
following are the applicable additional review standards for the proposed Planned
Development:
Relationship to the natural and physical environment(18.80.120.A.3.a):
1. The streets, buildings, and other site elements shall be designed and lod:ated to
preserve the existing trees, topography, and natural drainage to the greatest
degree poss9hie;
2. Structures located on the site shall not be in areas subject to ground slumping and
sliding;
i 3. There shall be adequate distance between on-site buildings and other on-site and
C; off-site buildings on adjoining properties to provide for adequate light and air
o circulation and for fire protection;
4. The structures shall be oriented with consideration for the sun and wind directions,
where possible; and
5. Trees with a six inch caiiper measured at four feet in height from ground level,shall
be saved where possible;
The applicant states,"The development plan for Erickson Heights has respected the natural and
physical environment and has limited the impacts to this site. The roads and lots have been
designed to pressemre the tonography and limit the amount of gradinq that will occur or:the site.
There are no significant drainageways on the site and the site was recently logged and no
significant trees remain on the site. There are no areas subject to ground stumping or sliding on
the site. The setback standards proposed for Erickson Heights will provide adequate distance
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ERICKSON HEIGHTS SUBDIVISION PAGE 20 OF 31
between buildings for light, air circulation and fire protection. The topography, existing street
patterns and block sca,:dsrds have dir'tated, for the most part,the orientation of lots. However
_ the lot sizes allow a variety of building configurations and orientations to take advantage of the
® sun and wind directions."
Staff concurs that the applicant's plan has considered the natural and physical environment in as
much as possible, while still being able to develop the site in accordance with density
® requirements.
Buffering,screening,and compatibility between adjoining uses(18.80.120.A.3.b):
Buffering shall be provided between different types of land uses (for example, between
single-family and multiple-family residential,and residential,and commercial);
In addition to the requirements of the buffer niatrix, the following factors shall be
considered in determining the adequacy and extent of the buffer required under Chapter
18.100:
,
i.
The purpose:.Gac
of the buffer, for example to decrease noise levels, absorb air
pollution,filter dust,or to provide a visual barrier;
2. The size of the buffer needs in terms of width and height to achieve the purpose;
3. The direction(s)from which buffering is needed;
4. The required density of the buffering; and
5. Whether the viewer is stationary or mobile;
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:
1. What needs to be screened;
2. The direction from which it is needed; and
3. Whether the screening needs to be year-round;
Screening and buffering are not required where single-family detached residential uses adjoin
other detached single-family residential uses.
Landscaping and Open Space(18.80.120.A.3.g):
I Residential Development:
In addition to the requirements of subparagraphs (iv) and (v) of section A of this
subsection,a minimum of 20%of the site shall be landscaped;
The Planned Development Review requires that a minimum of 20 percent of each site be
landscaped. This standard is applicable to each lot and will be reviewed at the time of building
permit plan check.
1.
Public i:ransit(18.80.120..�.3..L.,�.
Provisions for public transit may be required where the site abuts a public transit route.
The roquired facilities shall be based on:
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ERICKSON HEIGHTS SUBDIVISION PAGE 21 OF 31
s caner transit facilities in the area; and
2. The size and gypa of the proposed development;
The required facilities shall be limited to such facilities as:
1. A waiting shelter;
2. A turn-out area for loading and unloading; and
3_ Hard nmurf^mcc* _ll"ss •he development to the waiting area;
The site does not abut a public transit route;therefore,this standard does not apply.
Signs(18.80.120.A.3.1):
In addition to the provisions of Chapter 18.114, Signs:
1. Location of all signs proposed for the development site; and
2. The signs shall not obscure vehicle driver's sight distance;
The applicant has indicated a project identity sign will be located within an easement in the
northwest corner of lot 1. They indicate the sign will be oriented to SW Royalty Parkway and will
not obscure vehicular driver's sight lines. The signage at the site will be reviewed to insure
compliance through the sign permit process for conformance with the provisions of Chapter
18.114.
Parking(18.80.120.A.3.j):
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 plan check process to verify the provision of required off-street parking spaces.
Floodplain Dedication(18.80.120.A.3.1):
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
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.
1
? This site does not adjoin areas within the 100-year flood plain.
H
FINDING: Based on the above analysis, staff finds that, the Planned Development review
standards either do not apply, have been met, will be addressed further in this
7 report or will be addressed as part of the building permit plan check process. The
Planned Development review standards,therefore,have been met.
® PUBLIC FACILITY CONCERNS:
Streets:
This site lies adjacent to SW Royalty Parkway, a minor collector street, and is also adjacent to
several stub streets: SW Lady Marion Drive, SW Hoodview Drive, SW Kable Street and
SW Naeve Street.
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tfE1GHTS SUBDIVISIONPAGE 22 OF 31
.MD
1. The location of other transit facilities in the area; and i
2. The size and type of the proposed development;
The required facilities shall be limited to such facilities as: II
1
1. A waiting shelter;
2. A turn-out area for loading and unloading; and
3. Hard surface paths connecting the development to the waiting area;
The site does not abut a public transit route;therefore,this standard does not apply.
Signs(18.80.120.A.3.1):
In addition to the provisions of Chapter 18.114,Signs:
1. Location of all signs proposed for the development site; and
2. The signs shall not obscure vehicle driver's sight distance;
The applicant has indicated a project identity sign will be located within an easement in the
northwest corner of lot 1. They indicate the sign will be oriented to SW Royalty Parkway and will
not obscure vehicular driver's sight lines. The signage at the site will be reviewed to insure
compliance through the sign permit process for conformance with the provisions of Chapter
18.114.
Parking(18.80.120.A.3.j):
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 plan check process to verify the provision of required off-street parking spaces.
Floodplain Dedication (18.80.120.A.3.111:
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
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.
FINDING: Based on the above analysis, staff finds that, the Planned Development review
standards either do not apply, have been met, mill be addressed further in this
b report or will be addressed as par:of the building permit plan check process. The
a Planned Development review standards,therefore,have been met.
PUBLIC FACILITY CONCERNS:
Streets:
This site lies adjacent to SW Royalty Parkway, a minor collector street, and is also adjacent to
several stub streets: SW Lady Marion Drive, SW Hoodview Drive, SW Kable Street and
SW Naeve Street.
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ER ON HEIGHTS SUBDIVISION PAGE 22 OF 31
r - -
Traffic Studv Findinas:
A traffic impact study,,dated January 1998,was submitted by Kittelson&Associates,as a part
of the zone change application proposed by the applicant (PDR 98-0002/ZON 98-0001). This
impact study was generated to give the City ian idea of how, the potential rezoning�and
development of this site will impact cprimar; :ntersas`:a u w- ars. afi a ciCiaii7:y
residential streets. TRIG siudy analyzed seven primary intersections as follows:
Highway 99W/SW Canterbury Lane;
SW Canterbury Lane/SW 109th Avenue;
Highway 99W/SW Royalty Parkway;
SW Rnvnit,,Par4v a,,IQ N Naeve Street-
SW 98th Avenue/SW Sattler Street;
SW Hall Boulevard/SW Sattler Street;
SW Durham Road/SW 98th Avenue.
The study found that under existing traffic conditions all of the above intersections currently
operate at acceptable levels of service(LOS),except for SW Hall Boulevard/SW Sattler Street,
which is now operating at LOS F during both the AM and PM peak periods. The study
indicates that in 1999,the background traffic(which includes assumptions about the traffic that
will be generated from the Applewood Park Subdivision at SW Sattler Street and SW Hall
Boulevard), SW Hall Boulevard/SW Sattler Street will continue to operate at LOS F. NOTE:
Matrix Development, as a part of developing Phase 3 of the Applewood Park Subdivision, is
required to install a traffic signal at Hall Boulevard/Sattler Street. Once that signal is
constructed, which should occur prior to Summer 1999, that intersection will operate at
acceptable LOS (A or B). Kittelson also raises a concern with the intersection at SW Durham
Road/SW 98th Avenue. Under 1999 background volumes,the PM peak hour may meet signal
warrants.
The study analyzed the same intersections assuming development of the Erickson site and
extension of the local streets that currently terminate at the site boundaries. Under 1999
background volumes, plus the additional traffic from this project, the intersections listed above
Will continue to operate at acceptable LOS, except for SW Hall Boulevard/SW Sattler Street
and SW Durham Road/SW 98th Avenue. Again,once SW Hall Boulevard/SW Sattler Street is
signalized,which should be completed by Summer 1999, that intersection will function at LOS
B, which is acceptable. Kittelson also found that under these volumes, the SW Durham
Road/SW 98th Avenue intersection will likely operate at LOS F during both the AM and PM
peak periods,which is unacceptable for an unsignalized intersection.
Kittelson conducted a specific signal warrant analysis at the SW Durham Road/SW 98th
Avenue intersection. Under 1999 background volume conditions, they found that during the
PM peak hour, two signal warrants are met. Those same signal warrants are met when the
Erickson development traffic is added. Staff also talked with Kittelson about the comparison of
AM peak hours at this intersection. It appears that two signal warrants would be met under
1999 background traffic and also after the Erickson development traffic is added. Therefore,
Staff was able to determine that the Erickson project, by itself, will not degrade the level of
n service of the SW Durham Road/SW 98th Avenue intersection below the condition that it will
N experience under background traffic volumes. No additional improvements to this intersection
should be required of this development. The City will need to monitor this intersection in the
future to verify if, indeed,warrants will eventually be met.
The Kittelson study also studied the adjacent streets to determine what traffic volumes
currently exist and what traffic volumes may be experienced once the subdivision is
constructed and the streets are connected. Thee streets that were addressed:were:
SW Lady rviarion Drive;
SW Hoodview Street;
SW Kable Street;
SW Naeve Street,from SW Kable Street to SW 109"'Avenue; and
SW 109`"Avenue,from SW Naeve Street to SW Summerfield Drive.
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ERICKSON HEIGHTS 5U5OIVISION PAGE 23 OF 31
The K;tte!son, study had analyzed these streets based upon a previous street layout for this
project which had SW Hoodview Street as the roadway that would connect to
SW Royalty Parkway. The current layout indicates that SW Kable Street will convent through
to SW Royalty Parkway. Klttelson revised their traffic analysis to reflect the current layout and
si;1 -- '---Rr to Staff,dated October 20, 1998. The following is a summary of Toole 6 out
of the traffic analysis and the suppielo�erlM! !suer,. atPrl October 20, 1998:
Street Name Existing ADT Future ADT
(y h. per d (veh. per day)
SW Lady Marion Drive 380 440
SW Hoodview Drive 190 200
SW Kable Street 300 1,310
SW Naeve Street 300 400
SW 1091"Avenue 600 700
All of the above streets are classified as local residential streets that can accommodate
approximately 1,500 vehicles per day. It appears that after this project is occupied,the streets
will continue to function with traffic volumes well under the maximum limit.
Staff acknowledges that the volumes on SW Kable Street will approach the upper limit.
.� However, it must be noted that the above estimate was made based upon the final connection
of SW Lady Marion Drive DgA yet beingconnected to 5- Royalty Parkway. 10-Ince the SIA!
Lady Marion Drive connection is made to SW Royalty Parkway,the estimated volumes on SW
Kable Street will drop to approximately 850 vehicles per day and the volumes on SW Lady
Marion Drive will increase to approximately 900 vehicles per day.
In addition to the conditions of approval set forth in the Planning Commission Decision, as
explained in the staff report of November 2, 1998, it is the decision of this Council to clarify,
enhance and otherwise modify the Planning Commission findings as follows:
A majority of the opposition to the subject application centers on future traffic flow and volume
on SW Lady Marion and SW Hoodview Drives and S`J!/ Kable Street. As the Planning
Commission found and the City Planning Stall Report expresses the streets presently stubbed
to the subject property's borders will alter the current traffic flow and volumes. The existing
flow and volumes are created because temporary street stubs have heretofore blocked
through traffic on those streets. City connectivity policies, rules and codes mandate the
extension of the subject streets. Without a compelling reason to exempt the neighborhoods
served by those streets from City policy and code provision, the street and drives need to be
opened to through traffic as origin311y planned when the streets were stubbed instead of
ended in cul-de-sacs.The public has been aware not only because of the type of barricades in
place for some 30 years but also signage announcing the streets were subject to extension.
The opposition questioned the accuracy of applicant's Traffic Engineer Study and the C;ty
Planning Staff acceptance of that study as indicating City Code regarding traffic volume and
capacity by street designation had been met. We have listened to and reviewed the evidence
presented regarding opening of the streets. We have reviewed the expert testimony of
Klttelson and Associates which conducted a site specific Traffic Impact Analysis. We have
considered opposition testimony regarding the study's accuracy and conclusions and find that
the study fairly represents the facts regarding traffic volume and flow patterns which we
believe presently exists and can reasonably be expected to exist upon the opening of the
presently stubbed streets.
Some of the confusion surrounding the January 1998 Kittelson and Associates' Traffic Impact
® Analysis, as amplified by Kittelson and Associates letters dated October 21, 1998(=addressed
to Brian Rager, P.E. for the City of Tigard) and janiiary 2-1, 1999 (addressed tv "ill
McMonagal), can be traced to a typographical error contained in Table 6, page 30 of the
January 1998 Traffic Impact Analysis and Table 1 in the above mentioned October 21, 1998
letter.
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ERICKSON HEIGHTS SUBDIVISION PAGE 24 OF 31
- •rh.. a..r,.1.... ....Main confusing _-- -a:__ :. s!-__ fabICE' subheadings iinds-r the heading
. v
'The
c v.ca contain vin uou.y ii70ii iiuiivn . - subheadings,
"Location". The sub headings misstate the length of the streets used for measurement. The
tables sh uld have been titled to indicate the area of study ended' at SW i 00t• Street instead
of SW 98th which is further east. The confusing informatio is in the 'Estimated Existing ADT'
on SW Lady Marion Drive from SW Naeve Street to SW 98th Avenue and on SW Kable Street
from SW Naeve to SW 98 Avenue. We recognize the existe ce of the mistake because SW
Lady Marion Drive does not extend easterly beyond SW 100th. In addition,the January 1998
Traffic Impact Analysis contains the background data and statistics from which the tables were
created. The correct measurement parameters are found in a document attached to the report
entitled "Redistribution Analysis, Appendix E"(no page number).The "Redistribution Analysis"
presents information on trip rates, pass through trips, dire;ti::n ^~f`_--^/fl! rii,rina A.M. and P.M
hours for Sub Areas A ihrough 1. Those parameters of each Sub Aren are identified on
"Redistribution Sub Areas"Map E-2 also attached to the January 1998 Traffic Impact Analysis.
The information indicates th t statistics for Sub Areas D, E and F represent measurements
from SW Naeve to SW 100t� Street for both SW Lady Marionnd SW Kaole. Sub Areas H
and I measured traffic presently using SW Kable east of SW 100th to SW 98th and beyond.
The present primary course of vehicle travel is n rth and south on SW 100th and east and
west on SW Kable between SW 100th and SW 98th.The opening of SW Kable Street and SW
Ladv Marton Drive, by development of the proposed subdivision, further to the west of SW
100th than they are at present,will allow some traffic presently forced to use SW Kable Street
between SW i00tn and SW 88th to reach a collector or arterial, to turn :Nest onto either SW
Kable Street or SW Lady Marion Drive from SW 100th and thereby avoid what to some may
be a more circuitous route. The reverse of this scenario is likewise true for return trips which
retrace the above described travel patterns.
The"Redistribution Analysis" indicates the varying number of vehicular trips to be expected on
each section of existing treets once those stub streets are opened and what portion of traffic
presently using SW 100t�and SW Kable between SW 100th and SW 98th will alter its course
to take advantage of the new connectivity allowed by completion of SW Lady Marion Drive,
SW Kable Street and SW Hoodview Drive.The redistribution anaiysis reflects expected traffic
counts resulting from alteration of traffic patterns. Those traffic counts, after completion of all
anticipated street improvements, indicate that none of the subject streets will exceed their
local street design capacity of 1500 trips per day. The City finds that the expected traffic
volumes established in the"Redistribution Analysis and Map E accurately reflect the expected
results of extending the subject streets and drives. The City Council concludes, as does the
Kittelson and Associates Traffic Impact Analysis,that:
"The proposed new connections on SW Lady Marion Drive, SW Hoodview Drive, and SW
Kable Street will not increase average daily traffic volumes on these local neighborhood
streets above the City of Tigard standard for that functional classification". Traffic Impact
Analysis, page 32.
7 The City Council recognizes that the unamended portion of Kittelson and Associates' Traffic
Impact Analysis was originally conducted to support applicant's request for a zone change. It
contains infurmation about development at present zoning and at the higher density originally
a requested by applicant, but denied by the City of Tigard. The conclusions reached in the
'Analysis', to the extent that they speak to higher density development are determined to be
relevant for the lesser dense development presently before the City for approval. If the traffic
created by a higher density development meets City standards then a lesser amount of traffic
j will also meet City standards. This conclusion is further supported by additional information
a submitted by Kiiie!son arid Associates.
a
In summary, the Erickson Heights Subdivision development will not impact the surrounding
major intersections to a degree that required interseciion irilprover lents. The. 1;call residential
streets that will be extended into and through the site will experience increased traffic and
associated safety problems but not beyond the limits of the local street standards with the
exception of Kable Street east of the project site.
ll®
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- 7:RICKSON HEIGHTS SUBDIVISION PAGE 25OF 31
1 1
' , •Y ase �I b��'O[U/9\/•
This•roadway is classified as a minor collector street on the City's Transportation Plan Map.
The majority or this roadway was constructed as a part of the Arbor Haights apartment project
to the west. There is a portion of the roadway adjacent to this site that is not fully improved.
The right-of-way (ROW) requirement for this roadway is 60 feet. The applicant will need to
dedicate additional ROW adjacent to this site to, and is improved in this area, with the
exception of sidewalk and street trees on the eastern side. The applicant will be required to
widen the pavement section to provide 20 feet from centerline, construct a concrete sidewalk
and plant street trees adjacent to the site frontage. The applicant's narrative indicates they will
provide these improvements as a part of this project.
This roadway is a local residential street and is described on the uty's T ranspofiauun Man
Map as a "local street connection"between SW 100"'Avenue and SW Royalty Parkway. The
map is somewhat confusing because the roadway is given a purple color on the map that
corresponds with a minor collector. The existing portions of SW Lady Marion Drive, east of
this site, are not constructed to a minor collector standard. The ROW width is 50 feet and the
paved width is 32 feet, which matches the City's local residential street standard. It would
appear that the text portion of the map would govern in this case and, therefore, the roadway
should be considered a local residential street. As was stated previously, the expected traffic
volumes on this street, after this project is constructed and occupied, is less than the
maximum limit for a local street.
The applicant proposes to construct the new portion of SW Lady Marion Drive to match the
existing improvements with a 50-foot ROW and a 32-foot paved width. This is acceptable to
Staff.
SW Hogdview Street:
As was stated above, SW Hoodview Street is classified as a local residential street. The
gft applicant proposes to match the paved widths of the existing street east of this site (32 feet
VMW curb.o-curb). The ROWv:icith proposed is 46 feet,which is acceptable because the applicant
proposes to locate the street trees within a 10-foot-wide public utility easement.
SW Kable WEmt_
SW Kable Street is a local residential street that serves the residential area east of this site.
The roadway would provide a continuous connection between this site and SW 98th Avenue.
The roadway is constructed inside a 50-foot !?OW, with a curb-to-curb width of 32 feet, but
there are no sidewalks on either side of the street between this site and SW 100th Avenue.
Evidence has been presented from the residents who live on SW Kable Street, who indicate
that there is a high volume of pedestrians who use the street, most of which are school-age
children who walk back and forth to the elementary and middle schools located on SW 97th
Avenue. Because there is no usable area outside the curbs, pedestrians must use the street
to walk and jog. Staff has visited this site and SW Kable Street on a number of occasions and
was able to verify that there is a well worn path through the subject site where pedestrians cut
through to get to SW Kable Street. Pedestrians walk easterly on SW Kable Street to SW 98th
Avenue, where there is a designated pedestrian path adjacent to the east side of the road.
From ;here, the pedestrians can walk northerly to SW Murdock Street, where there is a
sidewalk that can take them to SW 97th Avenue and the schools.
The Council agrees with the residents on SW Kable Street that pedestrian safety will be
compromised once more vehicle traffic is introduced to this street as a result of the SW.Kable
Street connection to SW Royalty Parkway The S lican's traffic study supports the
a Y Y Y• INN'---t- , supports
conclusion that the traffic increase on SW Kable Street Is directly attZi table to traffic from this
development and new through trips that wiii result from the street opening. The Council finds
that as a result of this development a pedestrian safety problem will exist on Kable Street east
of the development. Because of this,the applicant's proposed design and layout does trigger
need for sidewalks and speed humps. The c,nuncil concurs with the resident's concerns and
concludes that the applicant must either make off-site sidewalk improvements to mitigate this
safety problem or wait to develop the project until the sidewalk is in place. The applicant must
SUB 984)0091POR 98-00101VAR 98-0010 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 2F OF 31
' 1 1
also in Stall preen hurnng along SW Kable Street within the development site and east of the
d
® evelopr= site. This PUD must comply with the Comprehensive Plan and not adversely
atrect the saTet of th5 community. 'MC 188 O.U1 V, 16.32.250. The transportation stem
Y Y po„�.,..,, sy..._... �
standards in the TMC implement and must be construed in light of Comprehensive Pian
Transportation Policies. TIVIC 18.10.010. Policies 8.1.1 and 8.1.3 require that the City plan for
a safe street system and developers commit to the improvement of existing streets to the
extent of the development's impact. The Council cannot approve this development and allow
construction until the sidewalk is in place due to the adverse affect on the community and
safety degradation that will occur as a result of this development. TMC 18.10.010, 18.32.250.
Because the project is designed in a way that will provide a straight connection to Royalty
Parkway,the traffic volumes on Keble Street are higher than would result if a different street
Iayol t were proposed. This street configuration is the result of the developers choice to
maximize the number of buildable lots in the development. Since there is adeyua.a o
SW Kable Street to accommodate the sidewalk, the applicant will not need to acquire any
additional property. There are topographic constraints on the north side of the roadway with
existing retaining walls and steep driveways, but the south side appears to b very feasible.
SW Kable Street is approximately 1,280 feet in length from this site to SW 100th Avenue. The
estimated cost for the applicant to construct a sidewalk improvement for this distance is
approximately$30,000. The Council finds that the unmitigated impact from this development
is well above this amount, and therefore warrants the off-site sidewalk improvement
requirement in lieu of a denial of the project due to safety concerns. The Council has the
authority to impose such a Condition. TMG 18.32.250 A, E. The applicant has agreed to the
imposition of the condition requiring sidewalk construction.
The applicant's plan for the new portion of SW Kable Street calls for a 28-foot wide paved
section within a 46-foot ROW. The development code allows for a narrower, 28-foot wide
width on a local street when the average daily traffic is expected to be less than 500 cars per
day [18.164.030(E)]. However, the applicant's traffic analysis shows that the expected
volumes on SW Kable Street will be over 500 cars per day. Therefore, Staff finds that the new
portion of SW Kable Street should be constructed at the standard width of 32 feet curb-to-
curb. A ROW width of 46 feet could be used; however, because the street trees could be
located within the wider, 10-foot public utility easement.
SW Naeve Street:
Th°7, roadway is also classified as a local residential street, and was constructed south of this
site with a paved width of 32 feet and a ROW width of 50 feet. The applicant is proposing:to
continue the 50-foot ROW and 32-foot paved widths up to SW Kable Street, and then, as
permitted by the Planned Development, reduce the ROW to 42 feet and the pavd width to 28
feet from SW Kable Street to SW Lady Marion Drive. From the traffic analysis, it appears this
roadway will carry less than 500 daily trips, therefore it can qualify for a narrower, 28-foot
paved width[TDC 18.164.030(E)].
Grade Variance Request:
The applicant is requesting a variance to the City's grade standard in 18.164.03c'M), .which
i states that grades shall not exceed 12 percent, except local streets can have sections of 250
feet that can be upwards of 15 percent. There are two north/south streets in this project that
will be difficult to be constructed to meet this standard: SW Naeve Street and SW Forrest
i Drive. The existing north/south topography of this site exceeds 17 percent. The applicant's
engineer has attempted to lay the streets out to meet City standards, but found that excessive
cuts of up to 30 feet would be required in order to meet the standard. With cuts that severe,
111 the streets would not practically serve the lots that would be platted adjacent to them. The
Z4 $ applicant also indicates that their geotechnical report shows that there is a significant amount
II of rock on this site at fairly shallow depths. Therefore, the more cutting that is required, the
more difficult the construction will be. If a developer must excavate through rock, the
4 construction methods can also be d;--curbing to surrounding property owners because of
vibrations. The applicant is therefore requesting a variance to the Citys standard t alloy
these streets to be designed and constructed with a grade not to exceed 17 percent.
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ERICKSON HZIGHTS SUBDIVISION PAGE 27 OF 31
. ' I
o 'Staff Is of the opinion that the varianne Should be Uranted, but must note that the Uniform Fire
Code(UFC), Section 902.2.2.6,states that the maximum grade on a street is to be 15 percent.
if a variance;s granted to the grade standard,the UFC recommends that any buildings served
by that street be protected with an approved automatic fire sprinkler system (UFC 902.2.1,
Exception 1). Staff concurs with the UFC standard and would therefore recommend that all
houses served by SW Naeve Street and SW Forrest Drive, between SW Kable Street and SW
Lady ' '=cion Drive, be protected with an approved automatic sprinkler system. Based upon
the fincings above, with the added condition for fire sprinkler systems, Staff finds that the
variance request is reasonable in this case and that it should be granted.
Mater:
This gito will he served from the City's public water system that exists in the existing streets
adjacent io this site. The applicant has proposed extensions of the main lines in all of the
streets tha: stub into this site and is providing looped connections that will result in a more
efficient water supply system. The Public Works Department has reviewed this application
and submitted comments related to the water system. Public Works indicates that there are
two pressure zones near this site: the 550-foot zone and the 410-foot zone. Public'Works
states that all lots within this development are to be served from the 550-foot zone. They
indicate that the applicant should interconnect the 8-inch water line in SW Naeve Street to the
existing main line in SW Kable Street. Also,the new water line in the new portion of SW Kable
Street must be interconnected to the existing 12-inch main line in SW Royalty Parkway. The
i2-inch line i..� "I oyaity Parkway Inlay ,have to be extended further south to the proposed
intersection of Kal; Lane in order for this connection to be made.
Sanitary Sewer:
There are existing 8-inch public sanitary sever lines in SW Lady Marion Drive and SW Naeve
Street that the applicant ic� proposing to extend into this site for service. Both main lines are
adequately sized to handle the additional sewage flows from this development.
The applicant's engineer spoke with Staff recently about the preliminary sewer line layout for
this project. The preliminary plan may not work due to the high concentration of rock on the
site and the difficulty in excavating deep sewer trenches. For this reason, the applicant's
engineer may propose an alternate alignment for the new sewer lines that would place the
lines in back yards of some of the new lots. The City Council finds, based on city staff
representation,that it is feasible to provide sanitary sewer to the site and that this issue can be
handled as a part of the construction plan review process. There are location criteria that Staff
would require the applicant to meet in order to ensure adequate access for City maintenance
personnel.
The applicant's plan does not provide a public sanitary sewer stubouts to Tax Lots 00201 and
00202, which is an undeveloped parcel uphill of this site. TDC 18.164.090 states that a
sanitary sewer layout shall consider adjacent properties and make provisions for serving the
immediate drainage basin.
4
Storm Drainage:
The site falls primarily to the south. There are existing storm drainage lines in SW Hoodview
0 Street, SW Kable Street, SW Lady Marion Drive and SW Naeve Street. The applicant was
required to submit a downstream analysis as a part of their subdivision application. The
applicant's engineer submitted calculations that were submitted to the City during the
development of the Summerfield project to the south. These calculations included the storm
line and inlet structure on SW 109th Avenue at SW Naeve Street where the applicant is
13
proposing to direct his storm water. The calculations were based on the required 25-year
a design storm and took into account the area (undeveloped at that time) north of SW Naeve
Street. When the Arbor Heights apartment project was developed, an up-to-date downstream
analysis was conducted by W&H Pacific, dated April 10, 1996. That analysis studied the
® existing. -coim systPm downstream of the inlet structure at SW 109th Avenue and SW Naeve
Street. The study assumed a total drainage area of approximately 77 acres, which included
the subject sire. 'vv&H Pacific found that the existing drainage system was more than
adequate to handle the development of the upstream properties.
SUE S8-0009/PDR98-OO7dVAR 98-0o10 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDR'ISIGN PAGE 28 OF 31
Based on the appl'icant's materials and the downstream analysis for the Arbor Heights project,
® Staff finds that the existing public storm drainage system is adequately sized to handle me
addiii0n.4 1 fiu'R%3 fromi thils site and t~ora is no ncod to r ..�on-sits Hetention.
The applicant's plan does not show public storm drainage stubouts to the adjacent Tax Lots
00201 and 00202. The plan will need to be revised to show that these adjacent sites can be
served from the public storm drainage lines that will be provided in this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management(SWM)regulations established by
the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by
Resolution and Order No. 96-44) which require the construction of on-site water quality
facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in
100 percent of the storm water runoff generated from newly created impervious surfaces. In
addition, a maintenance plan is required to be submitted indicating the frequency and method
to be used in keeping the facility maintained through the year. Prior to construction, the
applicant shall submit plans and calculations for a water quality facility that will meet the intent
of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for
the facility that must be reviewed and approved by the City prior to construction.
The applicant is proposing to provide two on-site water quality ponds to handle the additional
+ fry t site. Pre imi n c� that the proposed,'ponds will
S�grli,water '^ his nary sizing I^Ulaii(7n$ indicate u.�.... _
adequately serve this site. The applicant must provide maintenance access roadways,
meeting City standards, to each of these facilities from the public street system. The access
roadways must be a part of the tract containing the facility and shall be a minimum of 15 feet
wide.
Prior to the City accepting these facilities as public facilities,the developer shall maintain them
for a minimum of three years after construction is completed. The ponds shall be placed in
tracts and conveyed to the City on the final plat. Tits developer will be required to submit
annual reports to the City which show what m3iritenance operations were conducted on the
facilities for that year. Once the three-year maintenance period is completed, the City will
inspect the facilities and make note of any problems that have arisen and require them to be
resolved before the City will take over maintenance of the facilities. In addition, the City will
not take over maintenance of the facilities unless 80 percent of the landscaping is established
and healthy. If at any time during the maintenance period,the landscaping falls below the 80
percent level, the developer shall immediately reinstall all deficient planting at the next
appropriate planting opportunity.
Grading and Erosion Control:
USA Design and Construction Standards also regulates erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, clearing, and any other activity which
{ accelerates erosion. Per USA regulations, the applicant is required to submit an erosion
control plan for City review and approval prior to issuance of City permits.
i
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb five or more
3 acres of land. Since this site is over five acres, the developer will be required to obtain an
NPDES permit from the City prior to construction. This permit will be issued along with the site
and/or building permit.
a The applicant's design engineer will be required to prepare a final grading plan for review and
approval. The plan shall detail the provisions for surface drainage of the lots that are to be"pad"
graded to insure that the drainage is directed to the street or a public facility approved by the
Engineering Department. A soils report shall be provided detailing the soil compaction
requirements consistent with the requirements of Appendix Chapter 33?the Uniform Building
Code(UBC).
SUB 98-0W9/POR 98-0G1G/VAR 98-WIG NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 29 OF 31
The applicant will also be requires to i)rVVIdC tl yCUtl3li11tIIl:G1 rarNuri, per ApYeiwln Chaptar 33 O.
the UBC,for the proposed grading slope construction. The recommendations of the report will
ed to be incornnrafarl intn thA final ?rarfinn Nlan and a final C^net uction uli
porvdslon repu
must be filed with the Engineering Department prior to issuance of building permits.
The design engineer shall also indicate,on the grading plan, which lots will have natural slopes
between 10 percent and 20 percent,as well as lots that will have natural slopes in excess of 20
percent. This information will be necessary in determining if special grading Inspections and/or
permits will be necessary when the lots develop. This site lies within the Urban Services Area
that is covered by the intergovernmental agreement between the City and Washington County.
This application is for preliminary plat approval for a 64-lot single-family attached Planned
Development. The site is located south of SW Barrows Road and east of and adjacent to SW
Menlor Lane(WCTM 2S1 05DA,Tax Lots 00300,00400 and 00500).
FINDING: Based on the analysis above, the APPLICABLE TIGARD DEVELOPMENT
CODE STANDARDS have not been met. The standards can be met,however, if
the applicant complies with the conditions of approval summarized at the
beginning of this report. Staff finds it is feasible for all of the conditions to be
met. If the conditions are met, staff can determine that the standards have been
met and approval can be granted.
SECTION V. OTHER STAFF r`nnewecwoTc
The City of Tigard Building Division has reviewed this proposal and has offered the
following comments: 1) No parking signs and curb markings on one side of SW Forrest
Place, SW Naeve Street and SW Kable Street; 2)Demolition permit for house and structures;
3) Provide geotechnical review of the two 4-5 foot rock walls surcharging existing lower two
wails; Compaction reports for all fill existing and now; 4) Rock walls exceeding 4 feet shall be
engineered or built to design standards of American Rockery Association; 5) Pert pipe behind
rockery CAN NOT be used for storm drainage system from roof, underfloor, etc. Tight pipe
storm system to swell; 6) Provide compaction report for fill on lots 1-10; 7) Lots 34 and 35
need storm drain lateral; 8) Provide fire hydrant flow test; and 9) Separation of fire hydrant
exceeds 500 feet. Provide additional fire hydrant at the SW Hoodview Drive intersection.
Relocate SW Forrest Drive fire hydrant to mid point of SW Kable Street.
The City of Tigard Water Department has reviewed this proposal and has offered the
following comments: The existing 8-Inch water main in SW Naeve Street to be connected to
existing SW Kable Street(410 zone). All lots to be serviced from 550 zone. Water main within
proposed SW Kable Street (west end) is to be looped (connected) to the existing 12-inch
water main in SW Royalty Parkway. This may require the existing 12-inch to be extended
further south to SW Kable Street.
The City of Tigard Property. Manager/Operations Department and the City of Tigard
j Police Department has reviewed this proposal and has offered no comments or
{ objections.
a SECTION VI. AGENCY COMMENTS
i
The Unified Sewerage Agency has reviewed this proposal and has offered which have been
incorporated into the body of this decision with the exception of comments regarding a
a "Sensitive Area". According to maps available at the USA offices,there is a sensitive area of r
? ; the eastern side of CSM 109th Avenue.
Staff Response: Staff went out to the site and it appears that the sensitive area was a
drainage ditch which has since been culverted and filled. The propert I to
�:._� d a culvert feeds inn it
the Suiitii u this priipeii' i1aS air r3p8ir uru n a..0
from the north. It is statfys assumption that the sensitive area mapped on
the USA map no longer exists.
SUB 98-00091PDR 9800101JAR 98-0310 NOTIICE OF FINAL ORDER BY THE CITY COUNCIL
ERICKSON HEIGHTS SUBDIVISION PAGE 30 OF 31
+callo s 'US West, Po!t!and General Electric`. (POEM TCI Cable and
McLPO f1r®l 4V1111ir Le na.aew.w, q > I
NW Natural Gas have also had the opportunity to review this application and nave
®i nK,argeFl nn cnmmanta or n_hiections,
General Telephone has had an opportunity to review the proposal and has offered the
following comments: Developer to provide trenches and conduit per GTE specifications.
Developer to pay for any relocation costs or replacements to facilities.
SUBDIVISION APPROVAL SHALL Bre VALI®"ONLY I0 TH1E FINAL PLAT
IS SUBMITTED TOTHE CITY OF TIGARD WITHIN IS MONTHS
OF THE EFFECTIVE DATE OF THE CITY.COUNCIL'S DECISION"
SECTION VII. CONCLUSION
The City of Tigard City Council has APPROVED, subject to the CONDITIONS OF APPROVAL
contained within this report, Subdivision(SUB)98-0009, Planned Development Review(PDR)
98-0010, and Variance(VAR)98-0010-ERICKSON HEIGHTS SUBDIVISION.
R 5S FURTHER ORDERER THAT THE APPUCA11T AND A PARTIES 07HESE .
PROCEEIlINRS RE IIOTIFLED OAF TILE ENTRY QF THIS ORIlE1R. "
i:\curpin\julia\sub\ericksonCCfinal4-21-99.doe
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SUS 2s-C'.70.:DR 930010NAR 98-0010 NOTICE OF FINAL ORDER 9Y THE CITY COUNCIL
ERICKSON HFIGIr;.SUSDNISION PAGE 31 OF 31
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