06/18/2007 - Minutes CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
June 18, 2007
1. CALL TO ORDER
President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center,Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Commissioners Present: President Inman; Commissioners Anderson, Caffall,Doherty, Fishel,
Hasman,Muldoon,Vermilyea,and Walsh
Commissioners Absent:
Staff Present: Dick Bewersdorff,Planning Manager; Gary Pagenstecher,Associate Planner;
Ron Bunch,Long Range Planning Manager;Darren Wyss,Associate Planner;Kum McMillan,
Development Review Engineer;Doreen Laughlin,Administrative Specialist II; Jerree Lewis,
Planning Commission Secretary
3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE
REPORTS
Commissioner Walsh reported on the Tree Board. He advised that they plan to come back to
the Planning Commission sometime during the summer (possibly in July) to provide an update
and get input from the Commission.
4. APPROVE MEETING MINUTES
It was moved and seconded to approve the May 21,2007 meeting minutes as submitted. The
motion passed by a vote of 8-0. Commissioner Caffall abstained.
5. PUBLIC HEARING
5.1 SUBDIVISION (SUB) 2006-00011/PLANNED DEVELOPMENT REVIEW
(PDR) 2006-00002/SENSITIVE LANDS REVIEW (SLR) 2006-00011
FERN HOLLOW SUBDIVISION— Continuation from May 7, 2007
REQUEST: The applicant requests approval of a 7-lot Subdivision and Planned
Development (PD) on 1.59 acres. The lots are proposed to be developed with
detached single-family homes. Lot sizes within the development are proposed to be
between 3,496 and 5,964 square feet. Sensitive Lands Review is required for slopes
greater than 25%. LOCATION: The project is located south of SW Durham Road
PLANNING COMMISSION MEETING MINUTES—June 18,2007—Page 1
at the terminus of SW Copper Creek Drive;WCTM 2S114BA,Tax Lot 15300.
ZONING/COMPREHENSIVE PLAN DESIGNATIONS: R-4.5: Low-
Density Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted
conditionally. R-7: Medium-Density Residential District. The R-7 zoning district is
designed to accommodate attached single-family homes, detached single-family
homes with or without accessory residential units, at a minimum lot size of 5,000
square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home
parks and subdivisions are also permitted outright. Some civic and institutional uses
are also permitted conditionally. 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 18.350, 18.360, 18.39.0, 18.430, 18.510, 18.705, 18.715,
18.725, 18.730, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810.
Commissioners Fishel,Anderson,Muldoon and Doherty reported site visits.
Commissioner Fishel advised that she was absent from the May 7th meeting,but has listened
to the audio tapes of the meeting and has reviewed all the materials. She would like to
participate in tonight's meeting.
STAFF REPORT •
Gary Pagenstecher referred to his June 11th memo to the Planning Commission. He noted
that the applicant has submitted a revised narrative and supplementary materials for the
development. The proposal is now for a 6-lot subdivision. The revised proposal is largely
consistent with standards,with the exception for access to lots 3, 4, and 5. Two areas that
remain for Planning Commission discretion include the buffer from Durham Road and
pedestrian connections to the open space. He advised that staff originally recommended
denial, but is now recommending approval.
APPLICANT'S PRESENTATION
Ken Sandblast, Planning Resources,Inc., 7160 SW Fir Loop, Suite 201, Portland 97223,
reviewed the revised submittal materials and responses to previous Planning Commission
questions. He noted that some of the slopes are in excess of 67% and he still does not
PLANNING COMMISSION MEETING MINUTES—June 18,2007—Page 2
believe that it is feasible to construct a pedestrian path there. He would like this condition
of approval removed. He reported that Tract B is a private street.
Sandblast advised that the entire vegetative corridor boundary area is regulated by Clean
Water Services (CWS). There will not be any retaining walls with double digit heights. For
the most part, the building setbacks will be 8' or greater. The reduction in density did not
change the road location or the utility design. He noted that there is a shared driveway
easement for lots #3 and #5. The retaining wall has been relocated and is entirely within
lots #4 and#5.
Mr. Sandblast believes the purpose of a PD is to allow flexibility for sites with a lot of
restrictions or constraints. This site has topography, configuration, existing access, natural
resources, and existing CC&R issues. The benefits to Tigard for this PD include building
more compatible detached homes rather than attached housing; extensive buffering of the
drainage way; and protection of existing vegetation.
One Commissioner agreed that this is a challenging development spot and noted that the
land on the slope is already protected. That land can't be developed. He likes the idea of
less development (5 lots rather than 6), so more trees could be preserved.
Sandblast provided details about protection of the site and the grading and erosion control
plan.
Gary Darling,DL Design Group,Inc., 9045 SW Barber Blvd., Suite 101, Portland 97219,
advised that the plans the Commissioners had were preliminary plans. There is.a condition
of approval to prepare a 1200C application, requiring detailed drawings for erosion
measures. They also have to provide a plan showing the site as it is, stockpile locations, and
hazardous materials locations. They cannot get a permit until they provide this detailed set
of erosion plans.
It was advised that a path to the creek is not allowed per CWS.
The applicant was asked if they had considered 5 lots instead of 6. Mr. Sandblast answered
that they have already gone from 7 to 6 lots and that going fewer would probably not pencil
out economically. They are meeting the minimum density requirement at 6 lots. They had
looked at other options for layout of the development, but didn't see a dramatic difference.
Gary Pagenstecher provided information on how density is calculated. He said it is figured
on net buildable area. Density transfers can be added. For this site, 5 is the minimum
supported in the code. He believes there's a benefit to it. Barring that benefit, no other one
has been articulated that isn't already protected under CWS. From the Planned
Development point of view,based on discussions the Commission has had, there is a
compelling reason to consider reducing the number of lots.
PLANNING COMIVIISSION MEETING MINUTES—June 18,2007—Page 3
Dick Bewersdorff recommends allowing 6 units. The developer has followed the previous
Planning Commission recommendation to reduce the number of lots and to ask for another
reduction would be inappropriate. Commissioner Walsh disagreed, saying that they did not
have all the information originally, so they could not make a determination earlier. He does
not think it is too late to ask for 5 lots. Bewersdorff responded that, given the process and
the difficulty with developing this site,unless the Commission has specific experience in
designing subdivisions,it's not an appropriate request.
Mr. Darling said that he believes a fence would be required along the buffer. Kim McMillan
provided information on required erosion control measures and permits. She detailed the
permit and inspection process.
Mr. Sandblast handed out his proposed list of revised conditions of approval (Exhibit A).
He discussed the proposed changes with the Commission.
PUBLIC TESTIMONY—IN FAVOR
Scott Haring, 13325 SW Genesis Loop, Tigard OR 97223, testified that he is the owner of
the property. He conveyed the steps he went through trying to design the project and going
from 7 lots to 6. He described his plans for the property and advised that he intends to save
whatever trees he can. He noted that there are certain CC&Rs that he has to follow.
Justin Geel, 7403 Bradmar Dr., Edmonds,WA 98026, advised that he is the nephew of the
owner and will be the developer. He reported that for most developments, the last 1-2 units
end up being the profit for the development. He is comfortable with 6 units,but will have a
difficult time doing just 5. The purpose of this development is to provide something that is
aesthetically pleasing, green, and profitable to the local residents. They will do everything
possible to save trees. He advised that he intends to begin using materials that are green,
renewable; or recyclable for units he is currently developing in Seattle. His goal is to leave
most of the area natural and not to encroach upon the greenspace.
Braden King, 1322 4th Ave. NW, Seattle,WA 98177, signed up to speak,but chose not to.
PUBLIC TESTIMONY—IN OPPOSITION
Greg Sorenson, 16260 SW Copper Creek Dr.,Tigard 97224 spoke about a past windstorm
in the area and the need for buffering to protect trees. He expressed concerns about the
impact to livability and extra traffic from this new development. He described existing
traffic problems in the neighborhood and provided details about past erosion problems
further south on Copper Creek. The creek has eroded property and the Homeowners'
Association has used neighborhood funds to help with restoration of property.
Chris Edmonds, 10065 SW Kent Place,Tigard 97224 testified that she wrote the letter that
was sent to the Commission on May 8th [in the Commissioners'packets]. She believes the
PLANNING COMMISSION MEETING MINUTES—June 18,2007—Page 4
development needs to fit in with the character of the existing neighborhood. She does not
like small 3,500 square foot lots. She is also concerned about the setbacks. Commissioner
Doherty advised that with the revised plan, the lots are now 5,000-6,000 square feet.
APPLICANT'S REBUTTAL
Ken Sandblast noted that the developer has to follow what the code requires. The Planned
Development code gives the ability to be flexible. He does not believe that the result of
removing another lot would be dramatically different. The traffic issue would not
significantly change between 6 lots and 5 lots. The local street will not be over capacity. He
requested that the Commission approve the subdivision as revised.
Kim McMillan advised that because there are more than 2 lots sharing an access,it needs to
be on a private street. The private street could extend to just the south end of lot#3. The
sidewalk,which is required by code, could be on one side. That could meet the criteria for
access and lot#5 could access off of Tract B. President Inman said the sidewalk seems to
go from somewhere to nowhere and wonders if it adds needless impervious area. Staff
advised that the sidewalk requirement is a guideline, so it is within the Planning
Commission's authority to waive the sidewalk requirement. No sidewalk will be required.
PUBLIC HEARING CLOSED
The Commissioners expressed their appreciation to the applicant for thoroughly responding
to their earlier questions, for designing a development with larger lots, and for considering
"green" development.
Staff was asked about the conditions of approval. The applicant had asked for strikeouts of
conditions #18 and#27. Staff advised that conditions #1, 2, 14, 27, 41,43 could either be
stricken or left as is because the applicant has done them.
It was advised that the Homeowners'Association has access to maintain the trees by the creek.
It was noted that a potential pedestrian crossing of the creek is not being required as a part of
this development;it is not appropriate to address this as part of the approval. Approval of the
development does not change the public's right to access that area.
It was suggested that when there's a continuation of a public hearing, the land use sign be put
up on the property again so citizens could be aware of another hearing.
Commissioner Vermilyea moved to approve Subdivision (SUB) 2006-00011/Planned
Development Review (PDR) 2006-00002/Sensitive Lands Review (SLR) 2006-00011, subject
to the findings in the original staff report,plus the findings that were provided by the
applicant, and as amended at the meeting. Commissioner Hasman seconded the motion. The
motion passed unanimously.
PLANNING COMMISSION MEETING MINUTES—June 18,2007—Page 5
6. COMPREHENSIVE PLAN UPDATE
Darren Wyss provided an update on the Comprehensive Plan Update project. He reported on
the Policy Interest Team meetings,future meeting scheduling, and responses to comments
made at the May 21St Planning Commission meeting [memo to the Planning Commission is
included in their packet materials]. Ron Bunch advised that the Policy Interest Team meetings
are open to the public and the Commissioners are welcome to attend and contribute if they
choose.
The Commission asked that key words, such as sustainability,be defined as they will be used
within the Plan. That way, someone one else won't make their own definition of those words.
Wyss advised that the Plan will have a definition section, so everything will be covered.
Wyss noted that the purpose of the Policy Interest Teams is for citizens to tell us what they
want to see in the community and help us craft their ideas into policies or action measures.
7. OTHER BUSINESS
Ron Bunch reported that recommendations for Downtown Urban Design Standards will be
coming to the Commission shortly. He also talked to the Commission about training with an
outside consultant. The Commission decided to hold a training session on July 2nd, from 6:00
p.m. to 9:00 p.m.
8. ADJOURNMENT
The meeting adjourned at 9:25 p.m.
/ • / Wt'1.4.464
Jerre- Lewis,Planning Commission Secretary
ATTEST: President Jodie Inman
PLANNING COMMISSION MEETING MINUTES—June 18,2007—Page 6
PI
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING
ANY;ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR
FILL ACTIVITIES:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503 439-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
3. Prior to commencing any site work,the applicant shall submit a cash assurance for the value
of the required tree mitigation for $34,200 (228 caliper inches x $125/caliper inch). Trees
planted for mitigation on the site or off site in accordance with 18.790.060 (D) will be
credited against the cash assurance, for two years following final occupancy inspection a
mitigation plan shall be submitted for review and approval to the City Forester). After such
time, the remaining value of the cash assurance will-be retained by the City as a fee in-lieu of
planting.
4. Prior to commencing any site work, the applicant shall submit construction drawings that
include the approved Tree Removal, Protection and Landscape Plan. The plans shall also
include a construction sequence including installation and removal of tree protection
devices, clearing, grading, and paving. A note shall be placed on the final set of plans
indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris,
or any other construction-related activities shall not be located inside of any tree protection
zone or outside of the limits of disturbance where other trees are being protected.
5. Only those trees identified on the approved Tree Removal plan are authorized for removal
by this decision. The following note shall be placed on the final construction documents:
Notwithstanding any other provision of this title, any party found to be in violation of this
chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil
penalty of up to $500 and shall be required to remedy any damage caused by the violation.
Such remediation shall include,but not be limited to,the following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section
18.790.060 (D) of the Tigard Development Code;and
B. Payment of an additional civil penalty representing the estimated value of any
unlawfully removed or damaged tree, as determined using the most current
International Society of Arboriculture's Guide for Plant Appraisal.
6. Prior to commencing any site work, the applicant shall establish fencing as directed by the
project arborist to protect the trees to be retained. The applicant shall allow access by the
Planning Staff for the purpose of monitoring and inspection of the tree protection to verify
that the tree protection measures are performing adequately. Failure to follow the plan, or
maintain tree protection fencing in the designated locations shall be grounds for immediate
suspension of work on the site until remediation measures and/or civil citations can be
processed.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 2 OF 37
PLANNING COMMISSION HEARING 5/7/2007
7. Prior to issuance of building permits and any Certificates of Occupancy, the applicant shall
ensure that the Project Arborist has submitted written reports to the Planning Staff, at least,
once every two weeks, from initial tree protection zone (1112) fencing installation, through
building construction,as he monitors the construction activities and progress. These reports
must be provided to the City Forester until the time of the issuance of any Certificates of
Occupancy. The reports shall include any changes that occurred to the TPZ as well as the
condition and location of the tree protection fencing. If the amount of TPZ was reduced
then the Project Arborist shall justify why the fencing was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall,long-term health and
stability of the tree(s). If the reports are not submitted or received by the Planning Staff at
the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor, the City can stop work on the project until an inspection can be
done by the Planning Staff and the Project Arborist. This inspection will be to evaluate the
tree protection fencing, determine if the fencing was moved at any point during
construction,and determine if any part of the Tree Protection Plan has been violated.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT,ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
8. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is
required for this project to cover public utility extensions and work in the public right-of-way.
Six (6) sets of detailed public improvement plans shall be submitted for review to the
Engineering Department. NOTE: these plans are in addition to any drawings required by the
Building Division and should only include sheets relevant to public improvements. Public
Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement
Design Standards,which are available at City Hall and the City's web page (www.tigard-or..gov).
9. The PFI permit plan submittal shall include the exact legal name, address and telephone
number of the individual or corporate entity who will be designated as the "Permittee", and
who will provide the financial assurance for the public improvements. For example, specify if
the entity is a corporation,limited partnership,LLC, etc. Also specify the state within which the
entity is incorporated and provide the name of the corporate contact person. Failure to provide
accurate information to the Engineering Department will delay processing of project
documents.
10. The applicant shall provide a construction vehide access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase.
11. The City Engineer may determine the necessity for, and require submittal and approval of, a
construction access and parking plan for the home building phase. If the City Engineer deems
such a plan necessary,the applicant shall provide the plan prior to issuance of building permits.
12. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit,indicating that they will construct the following frontage
improvements along SW Durham Road as a part of this project:
A. street trees in the planter strip spaced per TUC requirements.
13. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential
street.
14. The applicant's construction drawings shall show the private sidewalk outside of the public
ROW and on the applicant's property only.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 3 OF 37
nr eA1T1T1.Tr,r(TTTe,iTCCTrYnT T-T1'APT1.1(_R/7/')!1M
15. Sanitary sewer and storm drainage details shall be provided as part of the Public Facility
Improvement (PFI) permit 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 Facility
Improvement (PFI) permit 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.
16. Any•extension of public water lines shall be shown on the proposed Public Facility
Improvement (PFI) permit construction drawings and shall be reviewed and approved by the
City's Water Department, as a part of the Engineering Department plan review. NOTE: An
estimated 12% of the water system costs must be on deposit with the Water Department prior
to approval of the PFI permit plans from the Engineering Department and construction of
public water lines.
17. The applicant shall provide an on-site water quality facility as required by Clean Water Services
Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans
and calculations shall be submitted to the Engineering Department (Kim McMillan) for review
and approval prior to issuance of the site permit. In addition, a proposed maintenance plan
shall be submitted along with the plans and calculations for review and approval.
18. The applicant's engineer shall revise the water quality plans, replacing the Stormwater
Management Manhole with another option for approval by the City Engineering staff.
19. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control
Design and Planning Manual,February 2003 edition."
20. A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Depatttuent For situations where the back portions of lots drain away
from a street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
21. The applicant shall incorporate the recommendations from the submitted geotechnical report
by Carlson Geotechnical, dated June 16, 2006, into the final grading plan. The geotechnical
engineer shall be employed by the applicant throughout the entire construction period to ensure
that all grading,including cuts and fills, are constructed in accordance with the approved plan
and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed
with the Engineering Department prior to issuance of building permits.
22. The design engineer shall indicate, on the grading plan, which lots will have natural slopes
between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This
information will be necessary in determining if special grading inspections and/or permits will
be necessary when the lots develop.
23. The final construction plans shall be signed by the geotechnical engineer to ensure that they
have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built
grading plan at the end of the project
24. 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.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 4 OF 37
PLANNING COMMISSION HEARING 5/7/2007
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CUNT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
25. The visual clearance area for the proposed private street intersecting SW Copper Creek Drive
shall be shown on the final plat.
26. Prior to final plat, the applicant shall provide a plat name reservation from Washington
County.
27. Prior to final_plat, the applicant shall provide a pedestrian connection on a public easement or
right-of-way from the proposed private street to a connecting path to the south within Tracts
"J" or "I" of the prior Copper Creek Subdivisions or demonstrate that such an access is not
possible.
28. Prior to final plat, the applicant shall provide the city with a copy of covenants and
restrictions for die use and maintenance of open space tracts for the development project.
29. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the Planning Staff, at least, once every two weeks, from initial tree
protection zone (l'PZ) fencing installation, through site work, as he monitors the
construction activities and progress. These reports should include any changes that occurred
to the TPZ as well as the condition and location of the tree protection fencing. If the
amount of TPZ was reduced then the Project Arborist shall justify why the fencing was
moved, and shall certify that the construction activities to the trees did not adversely im act
the overall, long-term health and stability of the tree(s). If the reports are not submitted or
received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the
Tree Protection Plan is not being followed by the contractor, the City can stop work on the
project until an inspection can be done by the Planning Staff and the Project Arborist. This
inspection will be to evaluate the tree protection fencing, determine if the fencing was
moved at any point during construction, and determine if any part of the Tree Protection
Plan has been violated.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT AT'TN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the required information is found:
30. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Bethany Stewart,Engineering).
31. The applicant shall execute a Restrictive Covenant whereby they agree to complete or
participate in the future improvements of SW Durham Road adjacent to the subject property,
when any of the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole
or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party
and involves the sharing of design and/or construction expenses by the third party
owner(s) of property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to the
subject site.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 5 OF 37
PT.ANNTNO CCM/ ATRSTnN TWARING 5/7/2007
32. Lots 1 & 2 shall not be permitted to access directly onto Durham Road. A note prohibiting
access from these two lots onto Durham Road shall be placed on the Plat.
33. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private street(s)will be jointly owned and maintained by the private property owners who abut
and take access from it(them).
34. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and
Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a
maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate
the private property owners within the subdivision to create a homeowner's association to
ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the
CC&R's to the Engineering Department(Kim McMillan)prior to approval of the final plat.
35. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and
incorporated a homeowner's association.
36. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22) as recorded in
Washington County survey records. These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements to grid
measurements and the angle from north to grid north. These coordinates can be established
by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods. -
37. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land
surveyor licensed to practice in Oregon,and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians,at(503) 639-4171,ext.2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth
by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of
Tigard.
D. The right-of-way dedication for Durham Road,providing 50 feet from centerline, shall
be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they
receive notice from the Engineering Department indicating that the City has reviewed
the final plat and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the
final plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the CURRENT
PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover
letter shall clearly identify where in the submittal the required information is found:
38. Prior to issuance of building permits,the visual clearance areas for driveways intersecting the
proposed private shall be shown on the site plan.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 6 OF 37
PLANNING COMMISSION BEARING 5/7/2007
39. Prior to issuance of building permits, the applicant shall demonstrate that all impervious
surfaces on lots created by this subdivision shall not exceed 80% coverage.
40 Prior to issuance of building permits, the applicant or developer shall demonstrate with
elevation drawings and construction documents that the proposed dwellings will not exceed
the height allowed in the base zone unless otherwise allowed by the Planning Commission.
41.
42. Prior to the issuance of building permits, the applicant shall submit a revised street tree plan
specifying street trees that are included on the City of Tigard Street Tree List.•43. __- _-_: _ ___ _: -_:.::.. _ . .. •_ •
44. Prior to issuance of building permits, the developer shall sign a copy of the City's sign
compliance agreement.
45. Prior to issuance of building permits, the Project Arborist shall submit a final certification
indicating the elements of the Tree Protection Plan were followed and that all remaining
trees on the site are healthy, stable and viable in their modified growing environment.
46. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating
the location of the trees that were preserved on the adjacent lots, location of tree protection
fencing, and a signature of approval from the project arborist regarding the placement and
construction techniques to be employed in building the houses. All proposed protection
fencing shall be installed and inspected prior to commencing construction, and shall remain
in place through the duration of home building. After approval from the Planning Staff, the
tree protection measures may be removed.
The applicant shall prepare a cover letter and submit it, along with any supporting
documents and/or plans that address the following requirements to the ENGINEERING
DEPARTMENT,ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall
clearly identify where in the submittal the requited information is found:
47. Prior to issuance of building permits,the applicant shall provide the Engineering Department
with a"photomylar"copy of the recorded final plat.
48. Prior to isuance of building permits, the applicant shall provide the City with as-built drawings
of the public improvements as follows: 1) 3 mil mylar,2) a diskette of the as-builts in "DWG"
format, if available; otherwise "DXF"will be acceptable, and 3) the as-built drawings shall be
tied to the City's GPS network. The applicant's engineer shall provide the City with an
electronic file with points for each structure (manholes, catch basins, water valves, hydrants
and other water system features) in the development, and their respective X and Y State
Plane Coordinates,referenced to NAD 83 (91).
49. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
50. Prior to a final building inspection,the applicant shall demonstrate that they have entered into a
3-year maintenance agreement with Stormwater Management, or another company that
demonstrates they can meet the maintenance requirements of the manufacturer, for the
proposed onsite storm water treatment facility.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 7 OF 37
PLANNING COMMISSION HEARING 5/7/2007
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN
EXCLUSIVE LIST:
18.430.080 Improvement Agreement:
Before City approval is certified on the final plat,and before approved construction plans are issued by
the City,the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within the period
specified, the City may complete the work and recover the full cost and expenses from the
subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business
in the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filing and 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.
18.430.070 Final Plat Application Submission Requirements:
Three 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.
STREET CENTERLINE MONUMENTATION SHALL.BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
FERN HOLLOW SUBDIVISION STAFF REPORT(SUB2006-00011) PAGE 8 OF 37
PLANNING COMMISSION HEARING 5/7/2007