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SUB1997-00001 SUB97 - 00001 HAWK MEADOWS SUBDIVISION i Afiji. 411 CITY OF TIGARD Commuraty(Development ShapingA Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUEZ 97-0001 Case Name(s): HAWK MEADOWS SUBDIVISION Name of Owner: Lynn and Sharon Hatch Name of Applicant: Riverwood Development L.L.C. Address of Applicant: 4035 Douglas Way City: Lake Oswego State: Oregon Zip: 97035 Address of Property: 14135 SW 114th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S110AB, Tax Lots 03700, 03800. 03900 and 04300. Request:—> A request to subdivide four (4) parcels of 2.52 acres into 11 lots ranging in size from 7,560 • to 13,704 square feet. Zone: R-4.5; Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Action: —> ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9> THE DECISION SHALL BE FINAL ON MONDAY MAY 19,1997 UNLESS AN APPEAL IS FILED. • 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 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MAY 19,1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. SU 91-001 UWI YEAIIWS SIIIINISIIN NITICE IF HUt 11111 IT Ti!HAMS IFRCEI {CINE1 SNEET) BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON In the matter of an application by Riverwood Development, ) FINAL ORDER LLC for a preliminary plan to divide 2.52 acres into 11 lots ) '4" for single family dwellings at 14135 SW 114th Avenue ) SUB 97-0001 in the R-4.5 zone of the City of Tigard, Oregon ) (Hawk Meadows) I. SUMMARY A. This final order concerns an application to divide 2.52 acres into 118 lots. The site is west of and adjoins SW 114th Avenue about 110 feet south of SW Gaarde Street. All proposed lots do or can comply with dimensional requirements of the R-4.5 zone. An existing house will be retained on one lot. Ten lots will be used for new single family detached dwellings. B. The applicant will dedicate right of way for and make a 3/4-width improvement to 114th Avenue from Sable Lane to the south edge of the site (plus a taper), a 3/4-width improve- ment to SW Sable Lane from SW 114th Avenue to the west edge of the site, and a private drive (SW Jaki Lane) that terminates in a modified hammerhead turn-around on the site. All proposed lots will have frontage on a proposed public or private street on the site. The applicant will collect runoff and discharge it to a storm sewer off-site. The applicant will extend public sanitary sewer and water service to each lot. C. At the public hearing in this matter,city staff recommended subject to conditions. The applicant generally accepted the staff recommendations with two minor and two major exceptions. Three members of the public testified orally against requiring a pedestrian pathway from the end of Jaki Lane across proposed lot 8 to a pathway in the Evergreen Springs subdivision (SUB96-0009) to the west. The hearings officer held open the record one week to allow a final argument by the applicant. The principal issues in this case are whether the applicant should be required to dedicate and improve a pedestrian/bikeway outside a street rights of way on the site to mitigate for an oversized block circumference, and whether the private road should be moved to protect an existing significant tree. D. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision substantially as proposed,subject to the conditions recommended by city staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein(the hearings officer)held a duly noticed public hearing on April 14, 1997 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Mark Roberts summarized the proposal and existing conditions on and around the site. He observed that a 56-inch caliper tree is situated near the turn- around, and recommended the hearings officer allow the applicant to relocate the private road a little south to avoid and protect the tree or to show the tree should be removed, because it is damaged or diseased. He recommended the hearings officer authorize reducing the size of adjoining lots to as little as 6000 square feet to save the tree, based on authority for lot size averaging in the tree preservation regulations. He noted that condition of approval 27 requires a pedestrian/bikeway across a portion of the site,completing a connection to 116th Terrace that would be required under a similar condition recommended for SUB96-0009 (Evergreen Springs). He corrected condition of approval 5.E. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 1 2. Eileen Obermiller testified on behalf of Consulting Engineering Services (CES) and the applicant. She accepted the conditions of approval recommended by city staff generally,with the following specific exceptions: a. She requested that condition of approval 4 be modified or administered to allow the applicant to use a reverse curve to match the centerline segments of SW Sable Lane on this site and the Evergreen Springs subdivision site rather than requiring all of the lots in Hawk Meadow to shift. b. She introduced a letter from Rita Mroczek who determined the site does not contain a wetland or waterbody. Therefore she requested that condition of approval 24 be deleted. c. She raised concerns about condition of approval 26, which requires relocating the Jaki Lane turn-around to save the large tree there or show it is damaged or diseased. She speculated that the tree may have to be removed, because there is no way to place the turn-around outside of the crown of the tree without reducing the size of resulting lots too much. She requested that the condition of approval allow that. d. She objected to condition of approval 27, which requires the pathway in the private drive and across lot 8 to connect to the pathway from Evergreen Springs, due to concerns about visibility and user safety. 3. Several witnesses testified against condition of approval 27,arguing the pathway would be unsafe, including Carl Jensen of CES, Alan Deharpport,Becky Anderson, Linda Quandt and Mr. Lynn Hatch (one of the owners of the site). B. The applicant did not submit a final written argument before the record closed on April 21, 1997. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report as modified by Mr. Roberts' testimony at the hearing in this matter. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. As in the companion case decided this day(SUB 96-0009 (Evergreen Springs)), a significant disputed issue in this case is whether to extend a pedestrian/bikeway from SW 114th over Jaki Lane and across lot 8 to the pathway segment recommended in the Staff Report for the Evergreen Springs subdivision. The hearings officer's analysis is similar in both cases. 1. The block length of Sable Lane will be more than 600 feet, because it will not intersect another through street between SW 117th and SW 114th Avenues. Therefore CDC 18.164.040(B)(2) requires a pedestrian/bikeway. 2. But existing development can preclude extension of a pedestrian pathway. For that reason, staff did not recommend requiring a pathway to extend north or south of the site. Staff did not apply that principle to the site and land to the west, although they did not discuss the issue much in the Staff Report or at the hearing. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 2 3. The hearings officer finds development is proposed (Evergreen Springs and Hawks Meadow) and development exists (e.g., the houses on proposed lot 7 and TL 100) that preclude a functional, safe and convenient pedestrian/bikeway between public streets in Evergreen Springs and Hawk Meadows. The proposed and existing houses in the alignment between SW Chestnut Lane and SW Jaki Lane (in Hawk Meadows) make the proposed path circuitous, reducing its convenience and any savings in travel distance. Existing and proposed development also make the pathway difficult to accommodate while protecting the privacy and security of adjoining properties, particularly substandard-sized TL 1(X). The lack of visibility of much of the pathway route raises reasonable fears about the safety of people on the pathway. Based on the foregoing concerns and limitations of the pathway recommended in this case, and given the absence of city standards for pathways, the hearings officer finds that the potential adverse impact of the pathway outweighs its potential benefits, and concludes the pathway should not be required. The hearings officer expressly rejects the portion of the Staff Report that recommends such a pathway. Condition of approval 27 should be deleted accordingly. C. The other major issue in this case is whether the applicant should be required to redesign the private street turn-around to preserve the substantial tree that abuts the location the applicant proposed for the turn-around. See condition of approval 26 and the Staff Report at pp. 14-15. The relevant law is CDC 18.150. 1. CDC 18.150.030 provides that tree removal permits "shall be required only for the removal of any tree which is located on or in a sensitive land area..." The tree in this case is not on or in a sensitive land area as defined by the CDC. Therefore a tree removal permit is not required for the tree in question.' 2. CDC 18.150.025(A) requires an applicant for a subdivision to prepare and submit to the city a tree plan for the planting, removal and protection of trees on a site. This section concludes with the statement that "[p]rotection [of trees] is preferred over removal where possible." 3. Although CDC 18.150.045 provides incentives for tree preservation, it does not require an applicant to avail himself or herself of those incentives. • 4. The hearings officer finds the CDC is ambiguous about the extent to which an applicant for a subdivision is required to preserve trees where a tree removal permit is not required. The hearings officer concludes that the last sentence in CDC 18.150.025(A) constitutes an applicable standard for the impact of the subdivision on trees. If preservation of the tree is possible, it should be preserved to comply with CDC 18.150.025(A). 5. The hearings officer finds that there is not sufficient evidence in the record to determine whether the design of Jaki Lane and abutting lot can be modified to preserve the tree. Although there are constraints that may make preservation of the tree impossible or impracticable, the hearings officer cannot find that those constraints do so in fact in this case. It appears to the hearings officer that shortening Jaki Lane may be enough to preserve the tree, if the size of lots 5 and 6 can be adjusted accordingly. In any event further analysis is warranted to comply with CDC 18.150.025(A). 1 CDC 18.150.030(B) also provides that a tree removal permit shall not be required for removal of a tree that obstructs visual clearance (CDC 18.102), is hazardous(CDC 18.150.020(A)(3)).or is a nuisance affecting public safety(CDC 7.40). There is not sufficient evidence in the record to determine whether the tree would "fall" under any of the listed exceptions. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 3 6. The hearings officer finds the applicant should be required to make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the tree in question, taking advantage of those incentives available through CDC 18.150.045. If preservation of the tree is practicable, i.e., possible considering practical limits on function and design, the . tree should be preserved. If it is not practicable, the tree should be removed. 7. If the applicant demonstrates that the tree will be a hazard or nuisance as defined by the CDC,e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance, then the applicant should not be required to undertake the analysis described above. D. The applicant argued that condition of approval 24 should be deleted, because new evidence shows the site does not contain a wetland or waterbody. The hearings officer agrees. E. The applicant requested that condition of approval 4 be modified to allow the applicant to use a reverse curve to align the centerline of Sable Lane at the west edge of Hawk Meadows with the centerline of that street at the east edge of Evergreen Springs. 1. The hearings officer finds such an amendment is unnecessary. Condition of approval 4 requires the applicant to "coordinate with the developer of Evergreen Springs subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site..." Those are the operable words of the condition. 2. Although the condition goes on to describe what it appears the applicant must do to achieve such coordination, that description is what would be called "dicta" in a legal context. It is relevant to the issue, but not determinative. Nothing in condition of approval 4 precludes the applicant from using a reverse curve to achieve centerline coordination. The hearings officer encourages the city engineer to consider any design for the street that achieves centerline coordination in a manner consistent with city standards or variations thereto permitted by and approved consistent with the CDC. IV. CONCLUSION The hearings officer concludes that the application complies with the relevant standards and criteria of the Tigard Community Development Code (CDC) or with standards and criteria • for permitted adjustments and modifications to the CDC(e.g.,regarding creation of pathways as mitigation for oversized block length) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore the application should be approved subject to such conditions. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 97-0001 (Hawk Meadows)subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 5.E is hereby amended to read as follows: E. five (5)-foot concrete sidewalk on the west side; B. Condition of approval 24 is hereby deleted. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 4 C. Condition of approval 26 is hereby amended to read as follows: 26. The applicant shall make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the 56-inch caliper tree near the proposed turn-around for that • street, taking advantage of those incentives available through CDC 18.150.045. If the planning director finds that preservation of the tree is practicable, i.e., possible considering practical limits on function and design, the tree shall be preserved. If the planning director finds that preservation is not practicable, the tree may be removed. Provided, if the planning director finds the applicant has introduced new evidence that the tree will be a hazard or nuisance as defined by the CDC, e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance for any practicable street and lot design, then the applicant is not required to make a diligent good faith effort to preserve the tree. D.Condition of approval 27 is hereby deleted. A this 6th day of May, 1997 /� z Z(14k71-70 Lang E. tein, ?pg. City of 'lard 'ngs Officer - Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 5 Agenda Item: 2.2 Hearing Date: April 14. 1997 7:00 PM STAFF REPORT TO THE � HEARING'S OFFICER a,><.i,L'4-C CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON eaounuwify LPwwwl ASAP. ..A&for Contrmantiti SECTION I: APPLICATION SUMMARY CASES: FILE NAME: HAWK MEADOWS SUBDIVISION Subdivision SUB 97-0001 PROPOSAL: The applicant has requested subdivision approval to divide four (4) parcels totaling 2.52 acres into eleven (11) lots ranging in size from 7,560 to 13,704 square feet. APPLICANT: Riverwood Development L.L.C. OWNER: Mr. and Mrs. Lynn Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; (R-4.5). LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 03700, 03800, 03900 and 04300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 1 • CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT. 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. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 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. Prior to approval of the construction drawings, the applicant shall coordinate with the developer of the Evergreen Springs Subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site. It appears that the centerline of the roadway on the Evergreen Subdivision site will need to be shifted ten (10) feet to the south so that the centerline is offset ten (10) feet from the north boundary of this site (Hawk Meadows Subdivision). 5. The applicant shall construct a 3/4-street improvement along the frontage of SW 114th Avenue. The street, when fully improved, will have a pavement width of 32 feet. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet, plus an additional eight (8) feet of pavement on the west side of centerline to ensure safe, two-way traffic will be accommodated; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 2 • C. curb; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. five (5)-foot concrete sidewalk on the east side; F. street striping, if necessary G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); I. street signs; J. driveway aprons; and K. adjustments in vertical and/or horizontal alignment to construct SW 114th Avenue safely, as approved by the Engineering Department. 6. The applicant shall construct a 3/4-width improvement of the new street to be called SW Sable Lane. The street, when fully improved, will have a pavement width of 28 feet. The improvements to be built as a part of this project shall include: A. City standard pavement section from curb to centerline equal to 14 feet, plus an additional ten (10) feet of pavement on the north side of centerline to ensure safe, two-way traffic will be accommodated; B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. five (5)-foot concrete sidewalk on the south side; E. street striping, if necessary; F. streetlights; G. underground utilities; H. street signs; and I. driveway aprons. 7. 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 subdivision, with the exception of SW Sable Lane, which will not be constructed to full width. Improvements shall be designed and constructed to local street standards. 8. A profile of SW 114th Avenue shall be required, extending 300 feet south of the subject site and north to SW Gaarde Street, and shall show the existing grade and proposed future grade. 9. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street (SW Jaki Lane) will be jointly owned and maintained by the private property owners who will be served by it. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 3 10. 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. 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. The applicant shall submit a copy of the CC&R's to the Engineering Department prior to approval of the final plat. 11. 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. Fire hydrant locations shall also be approved by the Water Department. 12. 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. 13. The applicant shall provide sanitary sewer service to the adjacent undeveloped properties. Unless the proposed sanitary sewer line in SW Sable Lane has already been extended as a part of development to the west, the applicant shall extend the sewer line to the western boundary of this site as a part of this development. 14. Prior to construction approval, the applicant shall obtain any necessary off-site public sanitary sewer easement from the parcel(s) to the north for extension of the existing public sanitary sewer line. The easement shall be reviewed and approved by the City prior to recording. 15. Prior to construction approval, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes ten (10) percent or less of the total tributary drainage volume, but in no event, less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25-year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on-site detention facility. 17. If the projected increase in surface water runoff that will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on-site detention facility. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 4 18. The applicant shall provide storm sewer service to adjacent unserved/undeveloped parcels. 19. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious • surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet (sf) of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: 1. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2. the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee under"1." above to be calculated. 20. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 21. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 22. 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. 23. The applicant shall either place the existing overhead utility lines along SW 114th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. 24. A wetlands determination, and if necessary, delineation shall be provided for the property in order to address Unified Sewerage Agency (USA) concerns over the perennial stream through the site. This study shall be prepared by a wetlands biologist. STAFF CONTACT: Mark Roberts, Planning Division. 25. The face of plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. STAFF CONTACT: Mark Roberts, Planning Division. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 5 26. It is recommended that the street length of SW Jaki Lane be shortened to preserve • the tree. Alternatively the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. STAFF CONTACT: Mark Roberts, Planning Division. 27. A pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. STAFF CONTACT: Mark Roberts, Planning Division. 28. The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 29. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division.c 30 An existing detached, single-family residence is located between the Lot Line of Lots / 8 and 9 on proposed private street SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed or relocated prior to recording the plat. The existing shed on Lot 1 and carport in the proposed SW Sable Lane right-of-way must also be removed or relocated. STAFF CONTACT: Mark Roberts, Planning Division. 40) The applicant shall record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Mark Roberts, Planning Division. rTh The applicant shall also construct the recommended tree protection measures for \.,_ trees that are to be preserved. The tree protection measures shall be completed per the recommendations of a Certified Arborist. Upon installation of the tree protection measures an arborist report on these measures shall be provided to the City. STAFF CONTACT: Mark Roberts, Planning Division. 33. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address the comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 6 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 34. The applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision/partition plat. 35. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially 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 (1) 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. 36. Utility plans shall be revised in accordance with the recommended changes detailed in "SECTION V: OTHER STAFF COMMENTS" of this staff report. STAFF CONTACT: Mike Miller, Water Department. IN 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: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 2. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. an irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDMSION PAGE 7 B. a surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or C. cash. • 2. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. 3. 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: 1. Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. 2. Upon final recording with the County, the applicant shall submit to the City one (1) mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentatiorl 1. 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. 2. The following centerline monuments shall be set: a. all centerline-centerline intersection points; b. all cul-de-sac center points; and c. curve points, beginning and ending points (PC's and PTs). 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Required 1. Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDNISION PAGE 8 2. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface- mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one (1) year following acceptance by the City. B. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. The cash or bond shall comply with the terms and conditions of the Community Development Code Section 18.160.180. 3. 18.164,150 Installation: Prerequisite/Permit Fee A. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 Engineers Certification Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements, or any portion thereof, for operation and maintenance. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 9 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The property is presently developed with two (2) detached, single-family residences, a shed and a carport. The majority of the property is presently vacant. Several trees are also scattered throughout the site. The City Council recommended annexation of all four (4) lots on September 24, 1996 through Zone Change Annexation (ZCA) 96-0001. The Boundary Commission approved the annexation of these properties on November 14, 1996 through Boundary Commission Action 3658. No other development applications have been filed for the property since that action. Vicinity Information: To the west the property is adjoined by a detached, single-family residence and areas presently utilized as a Christmas Tree Lot. This area is presently proposed for development under the pending Evergreen Springs Subdivision plat. To the south, the property abuts detached, single-family residences within the Coles Acres Subdivision. To the north, the property adjoins two (2) detached, single-family residences that have frontage on SW Gaarde Street. To the north of SW Gaarde Street is a cemetery. To the east, the property is adjacent to detached, single-family residences and a vacant lot within the Coles Acres Subdivision. Site Information and Proposal Description: The site slopes towards the north and east a total of 30 feet, over a distance of 445 feet. The property is presently developed with two (2) detached, single-family residences; a shed; and a carport structure. Several trees are also scattered throughout the site. The proposal is to subdivide four (4) adjoining properties, with a total of 2.52 acres, into eleven (11) lots to develop ten (10) new detached, single-family residences. A portion of a public street is to be developed is to serve Lots 1-4. This street is proposed to be named SW Sable Lane and would be an extension of the street to be developed by the adjoining Evergreen Springs Subdivision. A private street is proposed to be developed from SW 114th Avenue to serve Lots 5-11. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 10 supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right-of-way to the public and waive the impact study analysis by dedicating the right-of-way and completion of a waiver statement. An impact study waiver was provided. The applicant proposes to develop under existing required system development fees and construct a partial street improvement for proposed Local Street, SW Sable Lane, to serve a portion of the proposed subdivision. The applicant also proposes to construct a private street, SW Jaki Lane, to serve seven (7) of the lots. Any required street improvements to certain collector or higher volume streets a project has frontage or impacts and the Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $169.00 The total TIF for a detached, single-family dwelling is $1,690.00. Because the project has frontage or proposes to develop Local Streets, no TIF Credits are applicable in conjunction with the development of this project. The applicant intends to develop ten (10) new detached, single-family residences on the eleven (11) new lots and maintain the existing home on one (1) lot. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $16,900 ($1,690 x 10 dwelling units). Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $52,280 ($5,280 x 10 dwelling units). For this reason development of the the property under the required Conditions of Approval will have an unmitigated traffic impact of$35,380. For this reason, the cost of all required and potential future street improvements (as discussed within this staff report) are fess than the impact and, therefore, roughly proportional to the impact of the development. Use Classification: Section 18.42 sets forth use definitions for use classifications. The applicant is proposing to create building sites for detached single family residences. This use is classified in Section 18.42 as single-family, detached residential. Section 18.42 lists detached, single-family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop ten (10) new detached, single-family residences that are one of the permitted uses within the R-4.5 Zoning District. Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width requirement of 50 feet is required in the R-4.5 Zoning District Each of the eleven (11) proposed lots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each lot also exceeds the 50-foot average width requirement. Proposed Lot 3 has the narrowest width with an average of 70 feet. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 11 Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District Section 18.144 sets forth standards for the permitted size, height and setbacks for detached accessory structures. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Detached Accessory Structure (Side, Rear Setback) 5 Feet The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single-family residences, as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. An existing detached, single-family residence is located between the Lot Line of Lots 8 and 9, on proposed private street, SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed, or relocated, prior to recording the plat. The existing shed on Lot 1, and carport in the proposed SW Sable Lane right-of-way, must also be removed or relocated. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development A subdivision complies with the design standards where 80% or more of the newly created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on-site or off-site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot To comply with the Basic Standard, a minimum of nine (9) of the eleven (11) lots (or 80%), are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, all eleven (11) lots STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 12 comply with the Basic Standard because they provide a minimum north-south dimension of • 90 feet or more. Solar Balance Point: Section 18.88.050(B) requires that one and two family residences that are developed on lots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards will apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southern building elevation will have access to passive solar energy for heating and cooling purposes. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations concerning the allowed density for this site. The total gross site area is 2.52 acres or 109,771 square feet. The applicants plat and narrative contradict each other in that, the narrative states that the site is 2.52 acres, and the plat states 2.45 acres. Upon review of the assessors' map for the site, the 2.52 acre figure appears to be accurate. Assuming the site contains 2.52 acres, the following density calculations apply to this site: The applicant has proposed to use a mixture of public and private streets to serve the development. The actual square footage of these streets has been deducted from the gross site area. A total square footage of 9,540 square feet is deducted for areas dedicated to the public for right-of-way of SW Sable Lane. A total of 6,434 square feet has been deducted from the site for private street SW Jaki Lane. A total of 15,974 square feet has been deducted from the site for both streets. The minimum lot size of the zoning district (7,500 square feet) is also deducted for the one (1) existing home that is to remain. This leaves a net buildable area of 86,297 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eleven (11) dwelling units. The applicant has proposed to develop a total of ten (10) new dwelling units and maintain the one (1) existing dwelling. The eleven (11) total dwellings are allowed based on the density standards of this section. It should be noted that if a wetlands report finds that a stream corridor or other wetlands exists through the site a portion of the area that has been included as net density will be deleted as a sensitive land area and the subdivision will require substantial redesign and/or a new land use submittal will likely need to be made. If the site is determined to contain wetlands a substantial impact to allowable project density will likely may occur. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 13 The applicant must also comply with the standards set forth in Section 18.100.035 • that requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. 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 feet apart; The applicant submittal included a street tree planting plan. The proposed "Autumn Gold Maidenhair" trees are considered large trees based on their size at maturity. Based on the planting plan that was provided, the trees comply with the spacing standards. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: 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 temporary or permanent obstruction exceeding three feet in height The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check, setbacks of the structures will be reviewed. It is expected that future site improvements that are developed on the property can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development Section 18.108.070 (A) allows private streets to be developed to serve up to six dwelling units. As proposed. seven (7) lots would utilize SW Jaki Lane (a private street), for access. The face of the plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided an aerial photo that identifies all existing STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 14 trees greater than 12 inches in diameter in relationship to the proposed subdivision improvements. The site has 16 trees that are in excess of 12 inches in diameter. The proposed site plan identifies 12 of those trees that will be saved. Due to the limited areas available for development, it is recommended that the applicant be permitted to remove the 36-inch tree within the building pad of Lot 3. The 15-inch Fir tree in the northwest corner of the property would be located within the SW Sable Lane right-of-way and also should be removed. The applicant is also proposing to remove the 56-inch caliper Cedar tree near the front of the existing residence that is to be incorporated into Lot 7. It is recommended that the street length of SW Jaki Lane be shortened to preserve the tree. It is expected that shortening the street will reduce the lot size below the 7,500 minimum lot size of the R-4.5 Zoning District. However, Section 18.150.045.A.2 allows lot averaging in order to preserve trees, provided that the lot size is not reduced below 80% of the minimum lot size of the zoning district or 6,000 square feet. Alternatively, the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. Since the applicant is retaining more than 75 percent of the existing trees, Section 18.150.070.D does not require tree mitigation for the trees to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct the recommended tree protection measures for these trees. 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 criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Hawk Meadows plat name is not known to duplicate other plats, as required by Criterion 2. The proposal addresses Criterion 3 because street improvements for a new Local and a private street are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is not applicable. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 15 Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. The applicant has been required to complete street improvements such as curb, gutter, and sidewalk along the property frontage on SW 114th Avenue and within the development through the recommended Conditions of Approval in this staff report. Minimum Rights-of-Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right-of-way and street widths. The right-of-way width range provided for this purpose is 36 to 50 feet The street width range is 24 to 34 feet of width. Private street are required to provide a minimum of 25 feet of right-of-way width and a 20 foot paved section. The applicant has proposed to build a portion of SW Sable Lane as a Local Street with a 3/4 street section of 30 feet. A review of the expected number of average daily trips was provided with the Evergreen Springs Subdivision. Based on the 370 estimated trips, the street design (as proposed) is consistent with the Local Street classification. The applicant has proposed the use of a private street to serve the existing residence and six (6) of the new lots. This street, as proposed, has a total right-of-way of 26 feet with a paved section of 24 feet. The proposed private street section complies with the minimum width standards allowed for a private street. 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 states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street Street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. Because this site is a smaller infill property with no direct frontage on nearby Collector Street, SW Gaarde, the extension of a street in a northerly direction is not possible. The extension of a street across the site in an east-west direction has been proposed as SW Sable Lane. The extension of SW Sable Lane to SW 114th Avenue is expected through future development to the east (Evergreen Springs). The extension of a street to the south is precluded because of existing homes. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Provision of a street extension to the west to be developed as SW Sable Lane east has been provided. An STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 16 actual connection would be provided by the future developer of the Evergreen Springs other development application to the west. Curbs. Curb Cuts, Ramps. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed, and approved, by the Engineering Department for the applicant's frontage within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. 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. The proposed development of SW Sable Lane provides for a future extension of the street to `.W 114th Avenue through the proposed Hawk Meadows Subdivision that is also being heard at the same Planning Commission Public Hearing date of April 14, 1997. An extension of a second Public Street in the alignment of proposed private street, SW Chestnut Lane, appears unfeasible based on the development pattern to the east of the property. Three (3) existing homes are located within this area. Each of these homes are provided with access to SW 114th Avenue through a flag lot access configuration. 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 except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non-residential blocks in which internal public circulation provides equivalent access. This site is a portion of a residential block. Through this development, the applicant proposes to develop a Local Street, SW Sable Lane, parallel with SW Gaarde Street. This street would be extended by the proposed Evergreen Springs Subdivision. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 17 During the review of both the Evergreen Springs and Hawk Meadows Subdivisions, it did not appear possible to extend a second new street between SW 114th Avenue and SW 117th Avenue given the three (3) existing residences to the south of the Hawk Meadows Subdivision; and the two (2) existing residences both within, and encircled by, the Evergreen Springs Subdivision. For these reasons, it is not recommended that a second street connection be made between the Hawk Meadows and Evergreen Springs Subdivisions in the area proposed to be developed with private streets, SW Jaki Lane, and SW Chestnut Lane. Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Proposed street, SW Sable Lane, will provide for the future extension of a sidewalk and street to the east to SW 114th Avenue. Southwest Sable Lane can also be continued west through the extension of SW Sable Lane west to SW 117th Avenue. To the north, the Hawk Meadows Subdivision does not have direct frontage on SW Gaarde Street. A mid-block pedestrian connection has been proposed to SW Gaarde Street from SW Sable Lane as a part of the Evergreen Springs Subdivision. Because the private street in the Evergreen Springs Subdivision, SW Chestnut Lane, and SW Jaki Lane are not proposed to connect, it is recommended that a pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. Section 18.164.040(A) Block Design also provides that existing development constraints may be considered when designing a block. Because three (3) existing residences within the Coles Acres Subdivision exist to the south, it does not appear feasible to extend a pedestrian accessway to the south. Pedestrian sidewalk facilities will be provided along the SW 114th Avenue frontage of the project. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width. An exception to this rule is where the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The subdivision, as designed, complies with this standard. None of the eleven (11) proposed lots exceed the lot depth-to-width standard. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eleven (11) lots because they have frontage in excess of the 25-foot minimum requirement. Lot 8 has the least lot frontage with 26 feet on proposed private street, SW Jaki Lane. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development and along the SW 114th Avenue frontage, in compliance with this standard. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 18 Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line that runs parallel to SW Gaarde Street. This line has sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Extension of sewer is contingent upon factors discussed within the Engineering Department's review of this proposal. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Existing storm drainage facilities are in place to serve this site. The applicant proposes to direct storm water from this subdivision to a line that is to be extended that parallels SW Gaarde Street. This line would also be partially within the street extension of SW Sable Lane. The applicant will be required to demonstrate that down stream facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Sections' 18.164.030(E)(1)(al (Streets), 18.164.090 (Sanitary Sewer), 18.164,100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. Water Quality Treatment, Erosion Control and Water Service issues have also been reviewed below: STREETS: This site is adjacent to SW 114th Avenue which is classified as a local residential street. This site also lies just east of Tax Lots 200 and 300, which are the site of a proposed subdivision currently under review, to be called "Evergreen Springs Subdivision." The Evergreen Springs Subdivision project proposes a new east/west local street to be called SW Sable Lane, which will cross this site and link up to SW 114th Avenue. The applicant for the subject site has shown this new street on the proposed subdivision plan. Southwest 114th Avenue This street is currently a semi-paved roadway, but is not improved to city standards. The existing right-of-way (ROW) will meet the City's local street standard (50 feet). No additional ROW dedications are required. The paved width is approximately 17 feet wide. In order for the street to accommodate the additional traffic that will be generated by this development, the applicant should construct improvements adjacent to the site frontage. The applicant has shown on their plan that they intend to construct a 3/4-width improvement along the site frontage as a part of this project. This improvement will provide a total of 24 feet of pavement width when completed, which should safely accommodate two-way traffic, including parking adjacent to the new curb on the west side of the roadway. Any necessary pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be provided beyond the site frontage. Southwest Sable Lane As mentioned above, this will be a new local residential street. The applicant proposes that SW Sable Lane be built to a narrow street standard (28 feet of pavement overall). The Tigard Community Development Code Section-18.164.030(E), Figure 23, indicates STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 19 that a local street with under 500 average daily trips (ADT) could be reduced in width to 28 feet. The Institute of Transportation Engineers (ITE) estimates that each single-family lot will generate an average of ten (10) trips per day. Therefore, 50 lots could be served from a 28-foot-wide street. The Evergreen Springs project will contain a total of 18 lots that may use SW Sable Lane. The Hawk Meadows Subdivision project, however, will only have four (4) lots abutting this street. The remainder of the eleven (11) lots will be served by the proposed private street. There are also approximately ten (10) existing homes that abut a strip of land that will become SW 117th Avenue, which could feasibly utilize SW Sable Lane, once constructed. Therefore, it appears that a total of 32 lots would use SW Sable Lane. This number of lots falls well within the limits of the narrow street criteria. In reviewing both the Evergreen Springs and the Hawk Meadows Subdivision applications, it appears there is a discrepancy in the centerline alignment where the street crosses the joint property line between the two (2) projects. The Hawk Meadows application indicates that the centerline of the street will be offset ten (10) feet south of the north boundary of this site. However, the Evergreen Springs plan shows the centerline of the street aligning directly with the Hawk Meadows north property boundary. The consulting engineer for both projects is the same, so Staff believes this discrepancy can easily be resolved. The applicants for both projects will need to coordinate with regard to the alignment of the street prior to construction approval. Proposed Private Street The plan proposes that five (5) or six (6) of the southern lots within this project will be served from a private street to be called "SW Jaki Lane." The Tigard Community Development Code Section 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). The applicant could easily provide access to both lots 5 and 11 from SW 114th Avenue (since it is a local street) which would result in only five (5) lots being accessed from the private street. Section 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners' association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants, and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved by the City Engineering Department prior to approval of the final plat. WATER: This site lies within the Tigard Water Department's service area. There is an existing public water line in SW 114th Avenue. The applicant's plan indicates that a new eight (8)-inch water line will be extended with the SW Sable Lane improvements and will complete a looped connection with the water line in SW 114th Avenue. In addition, a new four (4)-inch water line will be extended into the private street to serve those lots. Final water plan design shall be reviewed, and approved, by both the Engineering and Water Departments. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 20 SANITARY SEWER: This site can be served from an existing eight (8)-inch public sanitary sewer line that lies just north of this site. The existing line presently terminates near the midpoint of the north property line of this site. The plan indicates the sewer line will be extended further west by "others." This note refers to the Evergreen Springs Subdivision project, which must extend the sewer line in order to serve that project. However, the note assumes the Evergreen Springs project will be approved and constructed before the Hawk Meadows project. Neither assumption can be verified at this point. City sewer extension regulations require each development to extend sanitary and storm sewer lines to the boundaries of the development so that service can be provided to adjacent undeveloped or unserved properties. If the Evergreen Springs project has not been constructed before the Hawk Meadows project is permitted, the developer of the Hawk Meadows project shall extend the sewer line to western boundary. In order to accomplish this, the applicant will need to obtain off-site sanitary sewer easements from two parcels directly north of the site (Tax Lots 4100 and 4200). These easements must be obtained and approved by the City prior to approval of the construction drawings. STORM DRAINAGE: This site contains an existing drainageway that is a continuation of the drainageway spoken to in the Evergreen Springs report. The existing flows collect in a ditch toward the northern end of the site. This ditch carries water eastward to SW 114th Avenue, where it is collected in a culvert, carried across the roadway and sent further east in a ditch system. The applicant will be required to provide a drainage basin study to determine what upstream properties can be served from the proposed public storm sewer system and how large the piped system should be in order to accommodate the upstream properties when fully developed. In addition, the City is concerned about the potential impact to the downstream storm system from the additional storm water that will be generated from development of this site. The applicant will need to provide a downstream analysis to determine if the downstream system will have enough capacity to accommodate the additional storm water from this site. If a capacity problem is encountered, the applicant will either need to upsize the downstream system, or provide on-site detention. The method of the downstream analysis must be in accordance with the Unified Sewerage Agency design and construction standards. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by RHO 91-75) which require the construction of on-site water quality facilities. However, the regulations also provide exceptions to the construction requirement in cases where topography of the site is difficult, size of the site is small or if there is a more appropriate regional facility nearby. In either of these three cases, the City may allow a fee in-lieu of constructing a facility to be paid. The applicant is requesting the fee in-lieu option based on the relatively small size of this site and development. The applicant states that they would lose approximately 10% of the developable area of the site, if a facility were required (loss of one lot). The City has, in similar circumstances, allowed the STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDNISION PAGE 21 payment of the fee in lieu, and concurs with the applicant that the requirement for a facility - on this site is impractical. Therefore, Staff recommends the applicant pay the fee in-lieu. This fee will need to be calculated and paid prior to approval of the final plat and is based on the area of new impervious surfaces (streets, sidewalk) and the number of new lots. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines on SW 114th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: It appears Lot 6 may have need of a storm easement through Lot 5 to the street due to the adverse grade for drainage. Other affected departments have reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: 1. The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectively, as measured from the same center point. Please note the proposed design of the turn around (UFC Sec. 902.2.2.3). 2. Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway, and in turnarounds as needed (UFC Sec. 902.2.4). Signs shall read "NO STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 22 PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810", and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters, and border on a white background (UFC Sec. 901.4.5.(I)(2) & (3)). • 3. The minimum available fire flow for single-family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1 (UFC Appendix III-A, Sec. 5). 4. Approved fire apparatus access roadways and fire fighting water supplies shall be installed, and operational, prior to any other construction on the site or subdivision (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: SANITARY SEWER: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up-hill adjacent properties or extend service as required by R&O 96-44. STORM SEWER: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. SENSITIVE AREA: A "Sensitive Area" may exist. Developer must preserve a 25-foot corridor as described in R&O 96-44, separating the sensitive area from the impact of development. NOTE: THE APPLICANT INDICATES THAT NO WETLANDS, PONDS, OR STREAMS EXIST ON THIS PROPERTY. UPON FURTHER DISCUSSION WITH USA, A CONDITION OF APPROVAL IS RECOMMENDED TO ADDRESS THE CONCERN THAT A STREAM CORRIDOR WETLAND MAY EXIST DUE TO A PERENNIAL STREAM DESIGNATION ON A USA MAP. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 23 Other affected agencies have reviewed this application and have offered no further comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE.OF THIS DECISION. 7/2■ April 2. 1997 PREPARED BY: Mark Roberts DATE Associate Planner, AICP -70/ April 2. 1997 APPROVED BY: Richard Bewersdorff DATE Planning Manager I:\CURPLN\SUB97-01.DOC STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 24 . , , ., 111.. . , L_ ......_ . Iv ' tea' f---_ e9'._._..1 II II ^' ' I ® I >� i I 0 �I I 1 Sti: ,� CO I = I I . 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BULL MOUNTA N RD .___I triy//! ._ 1!_l__i_: 1----; _ _J D''f4ELE19-' 1 t Ylelniry May �F SUB 97-0001 Hawk Meadows Subdivision CITY Of TIGARD Community Cle-t..eliipnient S/zapin43,I Better Community CITY OF TIGARD 'Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUB) 97-4001 Case Name(s): HAWK MEADOWS SUBDIVISION Name of Owner. Lynn and Sharon Hatch Name of Applicant: Riverwood Development Lam. Address of Applicant: 4035 Douglas Way City: Lake Oswego State: Oregon Zip: 97035 Address of Property: 14135 SW 114th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S110AB. Tax Lots 03700, 03800. 03900 and 04300. Request:—:- A request to subdivide four (4) parcels of 2.52 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. Zone: R-4.5; Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Action: —> ❑ Approval as requested L7 Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies The affected Citizen Involvemert Team Facilitator © The applicant and owner(s) Rnal Decision: 3 THE DECISION SHALL BE FINAL ON MONDAY MAY 19,1997 UNLESS AN APPEAL IS FILED. • ne 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 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of S-=00.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MAY 19.1997. @uestiens: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. 114011 IARI=LIM illitiSSi$1 IInCI If Mil 1111 Il Tit ITAVICS IFiiCO OMB WET) BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by Riverwood Development, ) FINAL ORDER LLC for a preliminary plan to divide 2.52 acres into 11 lots ) for single family dwellings at 14135 SW 114th Avenue ) SUB 97-0001 in the R-4.5 zone of the City of Tigard, Oregon ) (Hawk Meadows) I. ,SUMMARY A. This final order concerns an application to divide 2.52 acres into 118 lots. The site is west of and adjoins SW 114th Avenue about 110 feet south of SW Gaarde Street. All proposed lots do or can comply with dimensional requirements of the R-4.5 zone. An existing house will be retained on one lot. Ten lots will be used for new single family detached dwellings. B. The applicant will dedicate right of way for and make a 3/4-width improvement to 114th Avenue from Sable Lane to the south edge of the site (plus a taper), a 3/4-width improve- ment to SW Sable Lane from SW 114th Avenue to the west edge of the site,and a private drive (SW Jaki Lane) that terminates in a modified hammerhead turn-around on the site. All proposed lots will have frontage on a proposed public or private street on the site. The applicant will collect runoff and discharge it to a storm sewer off-site. The applicant will extend public sanitary sewer and water service to each lot. C. At the public hearing in this matter,city staff recommended subject to conditions. The applicant generally accepted the staff recommendations with two minor and two major exceptions. Three members of the public testified orally against requiring a pedestrian pathway from the end of Jaki Lane across proposed lot 8 to a pathway in the Evergreen Springs subdivision (SUB96-0009) to the west. The hearings officer held open the record one week to allow a final argument by the applicant. The principal issues in this case are whether the applicant should be required to dedicate and improve a pedestrian/bikeway outside a street rights of way on the site to mitigate for an oversized block circumference, and whether the private road should be moved to protect an existing significant tree. D. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision substantially as proposed,subject to the conditions recommended by city staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer)held a duly noticed public hearing on April 14, 1997 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Mark Roberts summarized the proposal and existing conditions on and around the site. He observed that a 56-inch caliper tree is situated near the turn- around, and recommended the hearings officer allow the applicant to relocate the private road a little south to avoid and protect the tree or to show the tree should be removed, because it is damaged or diseased. He recommended the hearings officer authorize reducing the size of adjoining lots to as little as 6000 square feet to save the tree,based on authority for lot size averaging in the tree preservation regulations. He noted that condition of approval 27 requires a pedestrian/bikeway across a portion of the site,completing a connection to 116th Terrace that would be required under a similar condition recommended for SUB96-0009 (Evergreen Springs). He corrected condition of approval 5.E. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 1 2. Eileen Obermiller testified on behalf of Consulting Engineering Services (CES) and the applicant. She accepted the conditions of approval recommended by city staff generally, with the following specific exceptions: a. She requested that condition of approval 4 be modified or administered to allow the applicant to use a reverse curve to match the centerline segments of SW Sable Lane on this site and the Evergreen Springs subdivision site rather than requiring all of the lots in Hawk Meadow to shift. b. She introduced a letter from Rita Mroczek who determined the site does not contain a wetland or waterbody. Therefore she requested that condition of approval 24 be deleted. c. She raised concerns about condition of approval 26, which requires relocating the Jaki Lane turn-around to save the large tree there or show it is damaged or diseased. She speculated that the tree may have to be removed, because there is no way to place the turn-around outside of the crown of the tree without reducing the size of resulting lots too much. She requested that the condition of approval allow that. d. She objected to condition of approval 27, which requires the pathway in the private drive and across lot 8 to connect to the pathway from Evergreen Springs, due to concerns about visibility and user safety. 3. Several witnesses testified against condition of approval 27, arguing the pathway would be unsafe, including Carl Jensen of CES, Alan Deharpport, Becky Anderson, Linda Quandt and Mr. Lynn Hatch (one of the owners of the site). B. The applicant did not submit a final written argument before the record closed on April 21, 1997. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report as modified by Mr. Roberts' testimony at the hearing in this matter. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. As in the companion case decided this day (SUB 96-0009 (Evergreen Springs)), a significant disputed issue in this case is whether to extend a pedestrian/bikeway from SW 114th over Jaki Lane and across lot 8 to the pathway segment recommended in the Staff Report for the Evergreen Springs subdivision. The hearings officer's analysis is similar in both cases. 1.The block length of Sable Lane will be more than 600 feet, because it will not intersect another through street between SW 117th and SW 114th Avenues. Therefore CDC 18.164.040(B)(2) requires a pedestrian/bikeway. 2. But existing development can preclude extension of a pedestrian pathway. For that reason, staff did not recommend requiring a pathway to extend north or south of the site. Staff did not apply that principle to the site and land to the west, although they did not discuss the issue much in the Staff Report or at the hearing. Hearings Officer ricer Final Order SUB 97-0001 (Hawk Meadows) Page 2 3. The hearings officer finds development is proposed (Evergreen Springs and Hawks Meadow) and development exists (e.g., the houses on proposed lot 7 and TL 100) that preclude a functional, safe and convenient pedestrian/bikeway between public streets in Evergreen Springs and Hawk Meadows. The proposed and existing houses in the alignment between SW Chestnut Lane-and SW Jaki Lane(in Hawk Meadows) make the proposed path circuitous, reducing its convenience and any savings in travel distance. Existing and proposed development also make the pathway difficult to accommodate while protecting the privacy and security of adjoining properties,particularly substandard-sized TL 100. The lack of visibility of much of the pathway route raises reasonable fears about the safety of people on the pathway. Based on the foregoing concerns and limitations of the pathway recommended in this case, and given the absence of city standards for pathways, the hearings officer finds that the potential adverse impact of the pathway outweighs its potential benefits, and concludes the pathway should not be required. The hearings officer expressly rejects the portion of the Staff Report that recommends such a pathway. Condition of approval 27 should be deleted accordingly. C. The other major issue in this case is whether the applicant should be required to redesign the private street turn-around to preserve the substantial tree that abuts the location the applicant proposed for the turn-around. See condition of approval 26 and the Staff Report at pp. 14-15. The relevant law is CDC 18.150. 1. CDC 18.150.030 provides that tree removal permits "shall be required only for the removal of any tree which is located on or in a sensitive land area..." The tree in this case is not on or in a sensitive land area as defined by the CDC. Therefore a tree removal permit is not required for the tree in question.' 2. CDC 18.150.025(A)requires an applicant for a subdivision to prepare and submit to the city a tree plan for the planting,removal and protection of trees on a site. This section concludes with the statement that"[p]rotection [of trees] is preferred over removal where possible." 3. Although CDC 18.150.045 provides incentives for tree preservation,it does not require an applicant to avail himself or herself of those incentives. • 4. The hearings officer finds the CDC is ambiguous about the extent to which an applicant for a subdivision is required to preserve trees where a tree removal permit is not required. The hearings officer concludes that the last sentence in CDC 18.150.025(A) constitutes an applicable standard for the impact of the subdivision on trees. If preservation of the tree is possible, it should be preserved to comply with CDC 18.150.025(A). 5. The hearings officer finds that there is not sufficient evidence in the record to determine whether the design of Jaki Lane and abutting lot can be modified to preserve the tree. Although there are constraints that may make preservation of the tree impossible or impracticable, the hearings officer cannot find that those constraints do so in fact in this case. It appears to the hearings officer that shortening Jaki Lane may be enough to preserve the tree, if the size of lots 5 and 6 can be adjusted accordingly. In any event further analysis is warranted to comply with CDC 18.150.025(A). 1 CDC 18.150.030(B)also provides that a tree removal permit shall not be required for removal of a tree that obstructs visual clearance(CDC 18.102),is hazardous(CDC 18.150.020(A)(3)),or is a nuisance affecting public safety(CDC 7.40). There is not sufficient evidence in the record to determine whether the tree would"fall" under any of the listed exceptions. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 3 6. The hearings officer finds the applicant should be required to make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the tree in question, • taking advantage of those incentives available through CDC 18.150.045. If preservation of the tree is practicable, i.e., possible considering practical limits on function and design, the tree should be preserved. If it is not practicable, the tree should be removed. 7. If the applicant demonstrates that the tree will be a hazard or nuisance as defined by the CDC,e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance, then the applicant should not be required to undertake the analysis described above. D. The applicant argued that condition of approval 24 should be deleted, because new evidence shows the site does not contain a wetland or waterbody. The hearings officer agrees. E. The applicant requested that condition of approval 4 be modified to allow the applicant to use a reverse curve to align the centerline of Sable Lane at the west edge of Hawk Meadows with the centerline of that street at the east edge of Evergreen Springs. 1. The hearings officer finds such an amendment is unnecessary. Condition of approval 4 requires the applicant to "coordinate with the developer of Evergreen Springs subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site..." Those are the operable words of the condition. 2. Although the condition goes on to describe what it appears the applicant must do to achieve such coordination, that description is what would be called "dicta" in a legal context. It is relevant to the issue, but not determinative. Nothing in condition of approval 4 precludes the applicant from using a reverse curve to achieve centerline coordination. The hearings officer encourages the city engineer to consider any design for the street that achieves centerline coordination in a manner consistent with city standards or variations thereto permitted by and approved consistent with the CDC. IV. CONCLUSION The hearings officer concludes that the application complies with the relevant standards and criteria of the Tigard Community Development Code (CDC) or with standards and criteria for permitted adjustments and modifications to the CDC (e.g.,regarding creation of pathways as mitigation for oversized block length) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore the application should be approved subject to such conditions. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 97-0001 (Hawk Meadows) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 5.E is hereby amended to read as follows: E. five (5)-foot concrete sidewalk on the west side; B. Condition of approval 24 is hereby deleted. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 4 C. Condition of approval 26 is hereby amended to read as follows: • 26. The applicant shall make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the 56-inch caliper tree near the proposed turn-around for that street, taking advantage of those incentives available through CDC 18.150.045. If the planning director finds that preservation of the tree is practicable, i.e., possible considering practical limits on function and design, the tree shall be preserved. If the planning director finds that preservation is not practicable, the tree may be removed. Provided, if the planning director finds the applicant has introduced new evidence that the tree will be a hazard or nuisance as defined by the CDC, e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance for any practicable street and lot design, then the applicant is not required to make a diligent good faith effort to preserve the tree. D. Condition of approval 27 is hereby deleted. A /' this 6th dam ay, 1997 14 TOP 17 Larry E• tein, :I City of 'lard t 'ngs Officer Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 5 Agenda Item: 2.2 Hearing Date: April 14. 1997 7:00 PM STAFF REPORT TO THE A, HEARING'S OFFICER CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON ZWIdIp '^` S ping &'/V H.,Con.M«nily SECTION I: APPLICATION SUMMARY CASES: FILE NAME: HAWK MEADOWS SUBDIVISION Subdivision SUB 97-0001 PROPOSAL: The applicant has requested subdivision approval to divide four (4) parcels totaling 2.52 acres into eleven (11) lots ranging in size from 7,560 to 13,704 square feet. APPLICANT: Riverwood Development L.L.C. OWNER: Mr. and Mrs. Lynn Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; (R-4.5). LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 03700, 03800, 03900 and 04300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT SUB 97-0001 - HAW.<MEADOWS SUBDIVISION PAGE 1 CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT. 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. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 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. Prior to approval of the construction drawings, the applicant shall coordinate with the developer of the Evergreen Springs Subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site. It appears that the centerline of the roadway on the Evergreen Subdivision site will need to be shifted ten (10) feet to the south so that the centerline is offset ten (10) feet from the north boundary of this site (Hawk Meadows Subdivision). 5. The applicant shall construct a 3/4-street improvement along the frontage of SW 114th Avenue. The street, when fully improved, will have a pavement width of 32 feet. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet, plus an additional eight (8) feet of pavement on the west side of centerline to ensure safe, two-way traffic will be accommodated; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 2 C. curb; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. five (5)-foot concrete sidewalk on the east side; F. street striping, if necessary G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); I. street signs; J. driveway aprons; and K. adjustments in vertical and/or horizontal alignment to construct SW 114th Avenue safely, as approved by the Engineering Department. 6. The applicant shall construct a 3/4-width improvement of the new street to be called SW Sable Lane. The street, when fully improved, will have a pavement width of 28 feet. The improvements to be built as a part of this project shall include: A. City standard pavement section from curb to centerline equal to 14 feet, plus an additional ten (10) feet of pavement on the north side of centerline to ensure safe, two-way traffic will be accommodated; B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. five (5)-foot concrete sidewalk on the south side; E. street striping, if necessary; F. streetlights; G. underground utilities; H. street signs; and I. driveway aprons. 7. 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 subdivision, with the exception of SW Sable Lane, which will not be constructed to full width. Improvements shall be designed and constructed to local street standards. 8. A profile of SW 114th Avenue shall be required, extending 300 feet south of the subject site and north to SW Gaarde Street, and shall show the existing grade and proposed future grade. 9. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street (SW Jaki Lane) will be jointly owned and maintained by the private property owners who will be served by it. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 3 10. 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. 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. The applicant shall submit a copy of the CC&R's to the Engineering Department prior to approval of the final plat. 11. 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. Fire hydrant locations shall also be approved by the Water Department. 12. 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. 13. The applicant shall provide sanitary sewer service to the adjacent undeveloped properties. Unless the proposed sanitary sewer line in SW Sable Lane has already been extended as a part of development to the west, the applicant shall extend the sewer line to the western boundary of this site as a part of this development. 14. Prior to construction approval, the applicant shall obtain any necessary off-site public sanitary sewer easement from the parcel(s) to the north for extension of the existing public sanitary sewer line. The easement shall be reviewed and approved by the City prior to recording. 15. Prior to construction approval, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes ten (10) percent or less of the total tributary drainage volume, but in no event, less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25-year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on-site detention facility. 17. If the projected increase in surface water runoff that will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on-site detention facility. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 4 18. The applicant shall provide storm sewer service to adjacent unserved/undeveloped parcels. 19. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet (sf) of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: 1. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2. the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee under"1." above to be calculated. 20. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 21. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 22. 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. 23. The applicant shall either place the existing overhead utility lines along SW 114th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. 24. A wetlands determination, and if necessary, delineation shall be provided for the property in order to address Unified Sewerage Agency (USA) concerns over the perennial stream through the site. This study shall be prepared by a wetlands biologist. STAFF CONTACT: Mark Roberts, Planning Division. 25. The face of plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. STAFF CONTACT: Mark Roberts, Planning Division. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 5 26. It is recommended that the street length of SW Jaki Lane be shortened to preserve the tree. Alternatively the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. STAFF CONTACT: Mark Roberts, Planning Division. 27. A pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. STAFF CONTACT: Mark Roberts, Planning Division. 28. The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 29. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 30. An existing detached, single-family residence is located between the Lot Line of Lots 8 and 9 on proposed private street SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed or relocated prior to recording the plat. The existing shed on Lot 1 and carport in the proposed SW Sable Lane right-of-way must also be removed or relocated. STAFF CONTACT: Mark Roberts, Planning Division. 31. The applicant shall record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Mark Roberts, Planning Division. 32. The applicant shall also construct the recommended tree protection measures for trees that are to be preserved. The tree protection measures shall be completed per the recommendations of a Certified Arborist. Upon installation of the tree protection measures an arborist report on these measures shall be provided to the City. STAFF CONTACT: Mark Roberts, Planning Division. 33. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address the comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 6 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 34. The applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision/partition plat. 35. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially 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 (1) 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. 36. Utility plans shall be revised in accordance with the recommended changes detailed in "SECTION V: OTHER STAFF COMMENTS" of this staff report. STAFF CONTACT: Mike Miller, Water Department. IN 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: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 2. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. an irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; STAFF REPORT SUB 97-GGO1 - HAWK MEADOWS SUBDIVISION PAGE 7 B. a surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or C. cash. 2. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. 3. 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: 1. Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. 2. Upon final recording with the County, the applicant shall submit to the City one (1) mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentation 1. 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. 2. The following centerline monuments shall be set: a. all centerline-centerline intersection points; b. all cul-de-sac center points; and c. curve points, beginning and ending points (PC's and PTs). 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Required 1. Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 8 2. The tops of all monument boxes shall be set to finished pavement grade. • 18.164 Street& Utility Improvement Standards: 1. 18.164.120 Utilities A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface- mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one (1) year following acceptance by the City. B. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. The cash or bond shall comply with the terms and conditions of the Community Development Code Section 18.160.180. 3. 18,164.150 Installation: Prerequisite/Permit Fee A. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 4. 18.164,180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18,164.200 Engineer's Certification Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements, or any portion thereof, for operation and maintenance. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 9 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The property is presently developed with two (2) detached, single-family residences, a shed and a carport. The majority of the property is presently vacant. Several trees are also scattered throughout the site. The City Council recommended annexation of all four (4) lots on September 24, 1996 through Zone Change Annexation (ZCA) 96-0001. The Boundary Commission approved the annexation of these properties on November 14, 1996 through Boundary Commission Action 3658. No other development applications have been filed for the property since that action. Vicinity Information: To the west the property is adjoined by a detached, single-family residence and areas presently utilized as a Christmas Tree Lot. This area is presently proposed for development under the pending Evergreen Springs Subdivision plat. To the south, the property abuts detached, single-family residences within the Coles Acres Subdivision. To the north, the property adjoins two (2) detached, single-family residences that have frontage on SW Gaarde Street. To the north of SW Gaarde Street is a cemetery. To the east, the property is adjacent to detached, single-family residences and a vacant lot within the Coles Acres Subdivision. Site Information and Proposal Description: The site slopes towards the north and east a total of 30 feet, over a distance of 445 feet. The property is presently developed with two (2) detached, single-family residences; a shed; and a carport structure. Several trees are also scattered throughout the site. The proposal is to subdivide four (4) adjoining properties, with a total of 2.52 acres, into eleven (11) lots to develop ten (10) new detached, single-family residences. A portion of a public street is to be developed is to serve Lots 1-4. This street is proposed to be named SW Sable Lane and would be an extension of the street to be developed by the adjoining Evergreen Springs Subdivision. A private street is proposed to be developed from SW 114th Avenue to serve Lots 5-11. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 10 supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right-of-way to the public • and waive the impact study analysis by dedicating the right-of-way and completion of a waiver statement. An impact study waiver was provided. The applicant proposes to develop under existing required system development fees and construct a partial street improvement for proposed Local Street, SW Sable Lane, to serve a portion of the proposed subdivision. The applicant also proposes to construct a private street, SW Jaki Lane, to serve seven (7) of the lots. Any required street improvements to certain collector or higher volume streets a project has frontage or impacts and the Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $169.00 The total TIF for a detached, single-family dwelling is $1,690.00. Because the project has frontage or proposes to develop Local Streets, no TIF Credits are applicable in conjunction with the development of this project. The applicant intends to develop ten (10) new detached, single-family residences on the eleven (11) new lots and maintain the existing home on one (1) lot. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $16,900 ($1,690 x 10 dwelling units). Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $52,280 ($5,280 x 10 dwelling units). For this reason development of the the property under the required Conditions of Approval will have an unmitigated traffic impact of $35,380. For this reason, the cost of all required and potential future street improvements (as discussed within this staff report) are less than the impact and, therefore, roughly proportional to the impact of the development. Use Classification: Section 18.42 sets forth use definitions for use classifications. The applicant is proposing to create building sites for detached single family residences. This use is classified in Section 18.42 as single-family, detached residential. Section 18.42 lists detached, single-family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop ten (10) new detached, single-family residences that are one of the permitted uses within the R-4.5 Zoning District. Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet An average lot width requirement of 50 feet is required in the R-4.5 Zoning District Each of the eleven (11) proposed lots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each lot also exceeds the 50-foot average width requirement. Proposed Lot 3 has the narrowest width with an average of 70 feet. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUE:MSION PAGE 11 Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District. Section 18.144 sets forth standards for the permitted size, height and setbacks for detached accessory structures. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Detached Accessory Structure (Side, Rear Setback) 5 Feet The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single-family residences, as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. An existing detached, single-family residence is located between the Lot Line of Lots 8 and 9, on proposed private street, SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed, or relocated, prior to recording the plat. The existing shed on Lot 1, and carport in the proposed SW Sable Lane right-of-way, must also be removed or relocated. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development A subdivision complies with the design standards where 80% or more of the newly created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on-site or off-site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot. To comply with the Basic Standard, a minimum of nine (9) of the eleven (11) lots (or 80%), are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, all eleven (11) lots STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 12 comply with the Basic Standard because they provide a minimum north-south dimension of 90 feet or more. Solar Balance Point: Section 18.88.050(B) requires that one and two family residences that are developed on lots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards will apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southern building elevation will have access to passive solar energy for heating and cooling purposes. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations concerning the allowed density for this site. The total gross site area is 2.52 acres or 109,771 square feet. The applicants plat and narrative contradict each other in that, the narrative states that the site is 2.52 acres, and the plat states 2.45 acres. Upon review of the assessors' map for the site, the 2.52 acre figure appears to be accurate. Assuming the site contains 2.52 acres, the following density calculations apply to this site: The applicant has proposed to use a mixture of public and private streets to serve the development. The actual square footage of these streets has been deducted from the gross site area. A total square footage of 9,540 square feet is deducted for areas dedicated to the public for right-of-way of SW Sable Lane. A total of 6,434 square feet has been deducted from the site for private street SW Jaki Lane. A total of 15,974 square feet has been deducted from the site for both streets. The minimum lot size of the zoning district (7,500 square feet) is also deducted for the one (1) existing home that is to remain. This leaves a net buildable area of 86,297 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eleven (11) dwelling units. The applicant has proposed to develop a total of ten (10) new dwelling units and maintain the one (1) existing dwelling. The eleven (11) total dwellings are allowed based on the density standards of this section. It should be noted that if a wetlands report finds that a stream corridor or other wetlands exists through the site a portion of the area that has been included as net density will be deleted as a sensitive land area and the subdivision will require substantial redesign and/or a new land use submittal will likely need to be made. If the site is determined to contain wetlands a substantial impact to allowable project density will likely may occur. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 13 The applicant must also comply with the standards set forth in Section 18.100.035 that requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. 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 feet apart; The applicant submittal included a street tree planting plan. The proposed "Autumn Gold Maidenhair" trees are considered large trees based on their size at maturity. Based on the planting plan that was provided, the trees comply with the spacing standards. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: 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 temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check, setbacks of the structures will be reviewed. It is expected that future site improvements that are developed on the property can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development. Section 18.108.070 (A) allows private streets to be developed to serve up to six dwelling units. As proposed, seven (7) lots would utilize SW Jaki Lane (a private street), for access. The face of the plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided an aerial photo that identifies all existing STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 14 trees greater than 12 inches in diameter in relationship to the proposed subdivision improvements. The site has 16 trees that are in excess of 12 inches in diameter. The proposed site plan identifies 12 of those trees that will be saved. Due to the limited areas available for development, it is recommended that the applicant be permitted to remove the 36-inch tree within the building pad of Lot 3. The 15-inch Fir tree in the northwest corner of the property would be located within the SW Sable Lane right-of-way and also should be removed. The applicant is also proposing to remove the 56-inch caliper Cedar tree near the front of the existing residence that is to be incorporated into Lot 7. It is recommended that the street length of SW Jaki Lane be shortened to preserve the tree. It is expected that shortening the street will reduce the lot size below the 7,500 minimum lot size of the R-4.5 Zoning District. However, Section 18.150.045.A.2 allows lot averaging in order to preserve trees, provided that the lot size is not reduced below 80% of the minimum lot size of the zoning district or 6,000 square feet. Alternatively, the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. Since the applicant is retaining more than 75 percent of the existing trees, Section 18.150.070.D does not require tree mitigation for the trees to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct the recommended tree protection measures for these trees. 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 criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Hawk Meadows plat name is not known to duplicate other plats, as required by Criterion 2. The proposal addresses Criterion 3 because street improvements for a new Local and a private street are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is not applicable. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 15 Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street The applicant has been required to complete street improvements such as curb, gutter, and sidewalk along the property frontage on SW 114th Avenue and within the development through the recommended Conditions of Approval in this staff report. Minimum Rights-of-Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right-of-way and street widths. The right-of-way width range provided for this purpose is 36 to 50 feet The street width range is 24 to 34 feet of width. Private street are required to provide a minimum of 25 feet of right-of-way width and a 20 foot paved section. The applicant has proposed to build a portion of SW Sable Lane as a Local Street with a 3/4 street section of 30 feet. A review of the expected number of average daily trips was provided with the Evergreen Springs Subdivision. Based on the 370 estimated trips, the street design (as proposed) is consistent with the Local Street classification. The applicant has proposed the use of a private street to serve the existing residence and six (6) of the new lots. This street, as proposed, has a total right-of-way of 26 feet with a paved section of 24 feet. The proposed private street section complies with the minimum width standards allowed for a private street. 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 states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street Street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. Because this site is a smaller infill property with no direct frontage on nearby Collector Street, SW Gaarde, the extension of a street in a northerly direction is not possible. The extension of a street across the site in an east-west direction has been proposed as SW Sable Lane. The extension of SW Sable Lane to SW 114th Avenue is expected through future development to the east (Evergreen Springs). The extension of a street to the south is precluded because of existing homes. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Provision of a street extension to the west to be developed as SW Sable Lane east has been provided. An STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 16 actual connection would be provided by the future developer of the Evergreen Springs other development application to the west. Curbs. Curb Cuts, Ramps, and Driveway Approaches: Section 18.164.O3O(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed, and approved, by the Engineering Department for the applicant's frontage within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. Block Design: Section 18.164.O4O(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. The proposed development of SW Sable Lane provides for a future extension of the street to SW 114th Avenue through the proposed Hawk Meadows Subdivision that is also being heard at the same Planning Commission Public Hearing date of April 14, 1997. An extension of a second Public Street in the alignment of proposed private street, SW Chestnut Lane, appears unfeasible based on the development pattern to the east of the property. Three (3) existing homes are located within this area. Each of these homes are provided with access to SW 114th Avenue through a flag lot access configuration. Block Sizes: Section 18.164.O4O(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non-residential blocks in which internal public circulation provides equivalent access. This site is a portion of a residential block. Through this development, the applicant proposes to develop a Local Street, SW Sable Lane, parallel with SW Gaarde Street. This street would be extended by the proposed Evergreen Springs Subdivision. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 17 During the review of both the Evergreen Springs and Hawk Meadows Subdivisions, it did not appear possible to extend a second new street between SW 114th Avenue and SW 117th Avenue given the three (3) existing residences to the south of the Hawk Meadows Subdivision; and the two (2) existing residences both within, and encircled by, the Evergreen Springs Subdivision. For these reasons, it is not recommended that a second street connection be made between the Hawk Meadows and Evergreen Springs Subdivisions in the area proposed to be developed with private streets, SW Jaki Lane, and SW Chestnut Lane. Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Proposed street, SW Sable Lane, will provide for the future extension of a sidewalk and street to the east to SW 114th Avenue. Southwest Sable Lane can also be continued west through the extension of SW Sable Lane west to SW 117th Avenue. To the north, the Hawk Meadows Subdivision does not have direct frontage on SW Gaarde Street. A mid-block pedestrian connection has been proposed to SW Gaarde Street from SW Sable Lane as a part of the Evergreen Springs Subdivision. Because the private street in the Evergreen Springs Subdivision, SW Chestnut Lane, and SW Jaki Lane are not proposed to connect, it is recommended that a pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. Section 18.164.040(A) Block Design also provides that existing development constraints may be considered when designing a block. Because three (3) existing residences within the Coles Acres Subdivision exist to the south, it does not appear feasible to extend a pedestrian accessway to the south. Pedestrian sidewalk facilities will be provided along the SW 114th Avenue frontage of the project. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width. An exception to this rule is where the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The subdivision, as designed, complies with this standard. None of the eleven (11) proposed lots exceed the lot depth-to-width standard. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eleven (11) lots because they have frontage in excess of the 25-foot minimum requirement. Lot 8 has the least lot frontage with 26 feet on proposed private street, SW Jaki Lane. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development and along the SW 114th Avenue frontage, in compliance with this standard. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDMSION PAGE 18 Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line that runs parallel to SW Gaarde Street. This line has sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Extension of sewer is contingent upon factors discussed within the Engineering Department's review of this proposal. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Existing storm drainage facilities are in place to serve this site. The applicant proposes to direct storm water from this subdivision to a line tha+ is to be extended that parallels SW Gaarde Street. This line would also be partially within t e street extension of SW Sable Lane. The applicant will be required to demonstrate that down stream facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Sections' 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. Water Quality Treatment, Erosion Control and Water Service issues have also been reviewed below: STREETS: This site is adjacent to SW 114th Avenue which is classified as a local residential street. This site also lies just east of Tax Lots 200 and 300, which are the site of a proposed subdivision currently under review, to be called "Evergreen Springs Subdivision." The Evergreen Springs Subdivision project proposes a new east/west local street to be called SW Sable Lane, which will cross this site and link up to SW 114th Avenue. The applicant for the subject site has shown this new street on the proposed subdivision plan. Southwest 114th Avenue This street is currently a semi-paved roadway, but is not improved to city standards. The existing right-of-way (ROW) will meet the City's local street standard (50 feet). No additional ROW dedications are required. The paved width is approximately 17 feet wide. In order for the street to accommodate the additional traffic that will be generated by this development, the applicant should construct improvements adjacent to the site frontage. The applicant has shown on their plan that they intend to construct a 3/4-width improvement along the site frontage as a part of this project. This improvement will provide a total of 24 feet of pavement width when completed, which should safely accommodate two-way traffic, including parking adjacent to the new curb on the west side of the roadway. Any necessary pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be provided beyond the site frontage. Southwest Sable Lane As mentioned above, this will be a new local residential street. The applicant proposes that SW Sable Lane be built to a narrow street standard (28 feet of pavement overall). The Tigard Community Development Code Section 18.164.030(E), Figure 23, indicates STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 19 that a local street with under 500 average daily trips (ADT) could be reduced in width to 28 • feet. The Institute of Transportation Engineers (ITE) estimates that each single-family lot will generate an average of ten (10) trips per day. Therefore, 50 lots could be served from a 28-foot-wide street. The Evergreen Springs project will contain a total of 18 lots that may use SW Sable Lane. The Hawk Meadows Subdivision project, however, will only have four (4) lots abutting this street. The remainder of the eleven (11) lots will be served by the proposed private street. There are also approximately ten (10) existing homes that abut a strip of land that will become SW 117th Avenue, which could feasibly utilize SW Sable Lane, once constructed. Therefore, it appears that a total of 32 lots would use SW Sable Lane. This number of lots falls well within the limits of the narrow street criteria. In reviewing both the Evergreen Springs and the Hawk Meadows Subdivision applications, it appears there is a discrepancy in the centerline alignment where the street crosses the joint property line between the two (2) projects. The Hawk Meadows application indicates that the centerline of the street will be offset ten (10) feet south of the north boundary of this site. However, the Evergreen Springs plan shows the centerline of the street aligning directly with the Hawk Meadows north property boundary. The consulting engineer for both projects is the same, so Staff believes this discrepancy can easily be resolved. The applicants for both projects will need to coordinate with regard to the alignment of the street prior to construction approval. Proposed Private Street The plan proposes that five (5) or six (6) of the southern lots within this project will be served from a private street to be called "SW Jaki Lane." The Tigard Community Development Code Section 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). The applicant could easily provide access to both lots 5 and 11 from SW 114th Avenue (since it is a local street) which would result in only five (5) lots being accessed from the private street. Section 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners' association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants, and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved by the City Engineering Department prior to approval of the final plat. WATER: This site lies within the Tigard Water Department's service area. There is an existing public water line in SW 114th Avenue. The applicant's plan indicates that a new eight (8)-inch water line will be extended with the SW Sable Lane improvements and will complete a looped connection with the water line in SW 114th Avenue. In addition, a new four (4)-inch water line will be extended into the private street to serve those lots. Final water plan design shall be reviewed, and approved, by both the Engineering and Water Departments. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 20 SANITARY SEWER: This site can be served from an existing eight (8)-inch public sanitary sewer line that lies • just north of this site. The existing line presently terminates near the midpoint of the north property line of this site. The plan indicates the sewer line will be extended further west by "others." This note refers to the Evergreen Springs Subdivision project, which must extend the sewer line in order to serve that project. However, the note assumes the Evergreen Springs project will be approved and constructed before the Hawk Meadows project. Neither assumption can be verified at this point. City sewer extension regulations require each development to extend sanitary and storm sewer lines to the boundaries of the development so that service can be provided to adjacent undeveloped or unserved properties. If the Evergreen Springs project has not been constructed before the Hawk Meadows project is permitted, the developer of the Hawk Meadows project shall extend the sewer line to western boundary. In order to accomplish this, the applicant will need to obtain off-site sanitary sewer easements from two parcels directly north of the site (Tax Lots 4100 and 4200). These easements must be obtained and approved by the City prior to approval of the construction drawings. STORM DRAINAGE: This site contains an existing drainageway that is a continuation of the drainageway spoken to in the Evergreen Springs report. The existing flows collect in a ditch toward the northern end of the site. This ditch carries water eastward to SW 114th Avenue, where it is collected in a culvert, carried across the roadway and sent further east in a ditch system. The applicant will be required to provide a drainage basin study to determine what upstream properties can be served from the proposed public storm sewer system and how large the piped system should be in order to accommodate the upstream properties when fully developed. In addition, the City is concerned about the potential impact to the downstream storm system from the additional storm water that will be generated from development of this site. The applicant will need to provide a downstream analysis to determine if the downstream system will have enough capacity to accommodate the additional storm water from this site. If a capacity problem is encountered, the applicant will either need to upsize the downstream system, or provide on-site detention. The method of the downstream analysis must be in accordance with the Unified Sewerage Agency design and construction standards. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, the regulations also provide exceptions to the construction requirement in cases where topography of the site is difficult, size of the site is small or if there is a more appropriate regional facility nearby. In either of these three cases, the City may allow a fee in-lieu of constructing a facility to be paid. The applicant is requesting the fee in-lieu option based on the relatively small size of this site and development. The applicant states that they would lose approximately 10% of the developable area of the site, if a facility were required (loss of one lot). The City has, in similar circumstances, allowed the STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 21 payment of the fee in lieu, and concurs with the applicant that the requirement for a facility on this site is impractical. Therefore, Staff recommends the applicant pay the fee in-lieu. This fee will need to be calculated and paid prior to approval of the final plat and is based on the area of new impervious surfaces (streets, sidewalk) and the number of new lots. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines on SW 114th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: It appears Lot 6 may have need of a storm easement through Lot 5 to the street due to the adverse grade for drainage. Other affected departments have reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: 1. The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectively, as measured from the same center point. Please note the proposed design of the turn around (UFC Sec. 902.2.2.3). 2. Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway, and in turnarounds as needed (UFC Sec. 902.2.4). Signs shall read "NO STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 22 PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810", and shall be installed • with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters, and border on a white • background (UFC Sec. 901.4.5.(1)(2) & (3)). 3. The minimum available fire flow for single-family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1 (UFC Appendix III-A, Sec. 5). 4. Approved fire apparatus access roadways and fire fighting water supplies shall be installed, and operational, prior to any other construction on the site or subdivision (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: SANITARY SEWER: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up-hill adjacent properties or extend service as required by R&O 96-44. STORM SEWER: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. SENSITIVE AREA: A "Sensitive Area" may exist. Developer must preserve a 25-foot corridor as described in R&O 96-44, separating the sensitive area from the impact of development. NOTE: THE APPLICANT INDICATES THAT NO WETLANDS, PONDS, OR STREAMS EXIST ON THIS PROPERTY. UPON FURTHER DISCUSSION WITH USA, A CONDITION OF APPROVAL IS RECOMMENDED TO ADDRESS THE CONCERN THAT A STREAM CORRIDOR WETLAND MAY EXIST DUE TO A PERENNIAL STREAM DESIGNATION ON A USA MAP. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 23 Other affected agencies have reviewed this application and have offered no further comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. 7/4-4 /a2eL April 2. 1997 PREPARED BY: Mark Roberts DATE Associate Planner, AICP / 7-CSL-')CL' J April 2. 1997 APPROVED BY: Richard Bewersdorffj' DATE Planning Manager // I:\CURPLN\SUB97-01.DOC STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 24 • LW■••■■••■/ . �_........._...... --1271•- - ...... -1 11 5' ____.89/__.1 rn ...0 ,., ,) I r- 3 I I IS1 l' O 98' 1-I 12+_.. 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CO 1111 a li I I i ' . . • :, .8 4 ' , , - • t :AZ: %` --d ! .Emo? p-11 1 ig*i ___>___I kiallk‘l\ it _ - 4 1p I I Cc cl ri----, 7411111iii■ 'ccl 1 i r :"C3 : liFfirr 1 1 I ! ! i i i ) ! A iii o i i "re EN , ___E N —, BULL MOUNTW RD _______4-- 1 Q U .c24 j I \ r /rLIIEM I � Vicinity Map N SUB 97-0001 _..._.._ W S E 1 Hawk Meadows Subdivision MEMORANDUM CITY OF TIGARD, OREGON TO: Hearings Officer FROM: Brian Rager, Development Review Engineer DATE: April 14, 1997 SUBJECT: SUB 96-0009, Evergreen Springs Subdivision Revision to Public Facilities Comments and Conditions of Approval J3ACKGROUND The Engineering Department provided comments to the Planning Department with regard to public facilities related to this project. One issue overlooked by Staff is with respect to the private driveway serving the existing house on Tax Lot 300 (included as part of this subdivision application). Because access onto a major collector roadway is to be limited and/or prohibited, it is necessary for Staff to address this issue. In addition, a second issue was discovered today with regard to the existing roadway/right-of-way centerline for SW Gaarde Street. There is a 10-foot offset to the south for a distance of approximately 182 feet along the frontage of this site. This 10-foot offset will impact how the applicant dedicates new right-of-way as a part of this project. FINDINGS Access to Tax Lot 300 TMC 18.164.030(P) states that where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include, potentially, a parallel access street along the arterial or major.collector. The existing house on Tax Lot 300 currently has a driveway onto SW Gaarde Street. SW Sable Street can provide residential access for all of the proposed new lots, including the lot contained within Tax Lot 300. Staff is concerned about the continued use of the existing driveway onto Gaarde Street, especially in light of future improvement to the roadway, which will bring the curb and sidewalk very close to the existing house. Vehicles parked in the private driveway will be forced to back out into traffic, which would not be safe on a major collector street. In addition, the private driveway would be located only 20 feet from the new intersection at SW 117th Avenue. TMC 15.04.080(c) states that PAGE 1 Post-it®Fax Note 7671 Date 5///,_.1 I#of pages,IA A To ;1Qvie. 0 iaP✓N+<(ter— From I V l 4ue �rz L.to✓5 Co./Dept.��� Co. ( • , On c a�j Phone# Phone# 6' i Fax# 7-3.4. et� Fax# f L no portion of any driveway approach shall be located closer than thirty feet to an intersecting street right-of-way line. The existing driveway would be too close to the 117th Avenue intersection._ which would create additional vehicle conflicts. The City's policy with regard to access onto a major collector street requires that access be taken from an adjacent local residential street, when possible. Based upon the traffic safety concerns raised above, along with the restrictions listed in the TMC, Staff recommends the applicant be required to close off the existing driveway to SW Gaarde Street and create a new driveway for the lot on either SW 117th Avenue or SW Sable Street. since they are local residential streets. SW Gaarde Street Centerline Staff discovered, from further review of the County Tax Assessor's maps in this area. that there is a 10-foot jog in the road centerline adjacent to this site. The tax maps show a 10-foot jog in the right- of-way to the south; this jog is also shown on the applicant's plan. The tax maps alone, however, do not provide information as to why the jog is there, nor does it show the true roadway centerline. The City's Surveyor determined,through research into County survey information, that the original roadway centerline was created with a 10-foot jog to the south for a short, 182-foot section of street. SW Gaarde Street, also known as County Road No. 411, was originally surveyed in 1904 (see Attachment 1). The survey indicates the 10-foot jog adjacent to this site and the cemetery on the north side of the road. It appears that the 10-foot jog was provided in order to accommodate existing grave sites within the cemetery, which dates back to the 1800's. The applicant likely did not survey the property and road centerline as a part of this application, as is generally the case for land use applications, and that is why the application plan does not reflect the actual centerline. Staff was not made aware of this situation until today. Based on this new information, it becomes critical to review the right-of-way needs for Gaarde Street adjacent to this site. Since additional right-of-way can not be obtained from the north side of the roadway adjacent to the cemetery, any necessary right-of-way must come from the south side. Staff has determined that the future roadway design for Gaarde Street could be designed within a narrow right-of-way for the short distance within the jog area. The existing condition of approval requires the applicant to dedicate additional right-of-way to give 37 feet from centerline. Staff proposes that the applicant dedicate this right-of-way and take into account the jog in the centerline. This will result in a different dedication, in appearance,than what is shown on the applicant's plan. Condition #4 of the subdivision approval should also be modified to explain that the applicant must account for the 10-foot jog in the centerline. The impact of this jog will create some challenges for the applicant. For instance, the additional right-of-way will impact the lot sizes for Lots 1, 2 and the lot within Tax Lot 300 and reduce them to below the 7.500 sf minimum. In addition, the existing house on the lot within Tax Lot 300 will be impacted. A portion of the house may need to be removed to accommodate the right-of-way. Since the applicant is required to close off the driveway onto Gaarde Street for this house, they will likely have to construct some modifications to the house if a garage is desired to face SW 117th Avenue or SW Sable Street. It appears that the applicant could shift the proposed centerline of SW Sable Street slightly to the south which would decrease the size of Lots 6, 7 and 18, but likely not below the minimum. The shift south would likely help the lots fronting Gaarde Street to stay above the minimum lot size. PAGE 2 RECOMMENDATION Based on the additional findings above. Staff recommends the approval for SUB 96-0009 be amended to include these findings and the following condition of approval addition and modification(new language is shown in bold italics): • Insert a new Condition#44 to the list of conditions to be satisfied"prior to approval of the final plat": "The applicant shall close off the existing driveway for the house located on the new lot contained within Tax Lot 300 (WCTM 2S1 10BA). A new access shall be provided to this lot either from SW 117th Avenue or from SW Sable Lane" Note: Adding this condition will necessitate renumbering the remaining conditions in the approval. • Modify Condition#4 as follows: "Additional right-of-way shall be dedicated to the Public along the frontage of SW Gaarde Street to increase the right-of-way to 37 feet from the centerline. This dedication shall be made on the final plat. Note: the applicant shall account for the 10 foot offset in the actual roadway/right-of-way centerline adjacent to this site." \brianr\comments\sub9609abdr PAGE 3 WUNTY ROAD NO. 411 SURVEY(n.0 REPORT IN THE COUNTY COURT OF THE STATE OF OREGON, FOR THE COUNTY OF WASHINGTON. IN THE MATTER OF THE PETITION OF JACOB STROM AND 26 OTHERS FOR A COUNTY ROAD 40 FEET WIDE IN ROAD DISTRICT NO. 9 WASHINGTON COUNTY OREGON MADE UNDER THE DIRECTION OF JAMES MCGOWAN AND R. S. ROBINSON, VIEWERS APPOINTED BY THE COURT. JACOB STROM AND HENRY HUSTAGE WERE THE CHAIMEN WHO WERE ALL DULY SWORN. BEGIN APRIL 20TH 1904 AT THE 1/4 SEC. CORNER BETWEEN SEC. 3 AND 10 T.2.S. , R. 1.W. , WILL. MER. , A LARGE STONE IN THE CENTER OF COUNTY ROAD NO. 358, AND RUN THENCE BY NEEDLE (VAR. NOT NOTED) S 89° 50'W 3.56 CH. (234.96 FT.) FOLLOWING LINE BETWEEN SECTIONS 3 AND 10. ANGLE NO. 1 SOUTB 0.15 CH. (9.90 FT.) ANGLE NO. 2 S 89 50'W 2.77 0-I. (182.82 FT. ) ANGLE NO. 3 NORTH .15 CH. (9.90 FT.) ANGLE NO. 4 ON SECTION LINE S 89° 50'W 20.47 CH. (1351.02 FT.) ANGLE NO. 5 S.E. CORNER OF AGNES VORGTS LAND. N 00° 30'E 10.31 CH. (680.46 FT. ) ANGLE NO. 6 A STONE N 28° 38'E 20.35 CH. (1343.10 FT.) ANGLE NO. 7 N 00° 15'E 12.15 CH. (801.90 FT.) SET A GAS PIPE 1 1/2" x 40" FOR TERMINUS OF COUNTY ROAD NO. 411 AT THE N.W. CORNER OF J. H. CRAWFORDS 10 ACRE TRACT, A POINT IN THE CENTER OF COUNTY ROAD NO. 358. STATE OF OREGON ) SS COUNTY OF WASHINGTON) I CERTIFY THAT THE FOREGOING ARE THE TRUE FIELD NOTES OF COUNTY ROAD NO. 411 AS SURVEYED BY ME ON THE 20TH DAY OF APRIL 1904. WITNESS MY HAND THIS 27TH DAY OF APRIL 1904. A. A. MORRILL COUNTY SURVEYOR FILED MAY 2, 1904 GEO. A. MORGAN CLERK ---- ArrAcqms-J-r I — Sug °ICp-oc) C�vts,, , 1•t 111,, \..\ _ _ ,... . . • . .N Nc2'‘• 1 sd --- -- - % 6.H.ralk WPM 0 S sigi /O.ACre w k _ • c . G PLAT or ' . N'� COUN Ty.ROAD 7'v N°.'y//.seaee ia,eHS 7,',vri, • . - • . •. .4A411 _ . ho �� U O7~ e�• •/t CAT t.VOiGT'oo'''! • r . rr` Si . I. te5 fres( ec • [o.v7 db. 4, v Sec.? I see la r J$' ♦• �7 a. • wa s. r4s. I R / we' icj• COUNTY ROAD NO. 411 VIEWERS REPORT IN THE COUNTY COURT OF THE STATE OF OREGON FOR THE COUNTY OF WASHINGTON. IN THE MATTER OF THE PETITION OF JACOB STROM AND OTHERS FOR A COUNTY ROAD. STATE OF OREGON ) SS COUNTY OF WASHINGTON) TO THE HONORABLE COUNTY COURT OF THE STATE OF OREGON, FOR THE COUNTY OF WASHINGTON. THE UNDERSIGNED WHO WERE DULY APPOINTED AT THE APRIL TERM, IN THE YEAR OF 1904 OF THE ABOVE ENTITLED COURT AS VIEWERS OF THE ROAD PRAYED FOR IN THE ABOVE NAMED PETITION OF JACOB STROM AND OTHERS HEREBY REPORT. THAT WE MET AT TIGARDVIJJF. ON THE 20TH DAY OF APRIL 1904. THAT BEING THE TIME AND PLACE PRESCRIBED FOR SUCH MEETING BY THE COURT, AND AFTER TAKING AN OATH FAITHFULLY AND IMPARTIALLY TO DISCHARGE THE DUTIES OF OUR APPOINTMENT WHICH OATH IS HEREWITH FILED. WE TOOK TO OUR ASSISTANCE JACOB STROM AND HENRY HUSLAGE AS CHAINBEARERS AND PROCEEDED TO VIEW, SURVEY AND LAY-OUT SAID ROAD AS PRAYED FOR IN SAID PETITION, AS NEAR AS IN OUR OPINION. A GOOD ROAD CAN BE MADE AT A REASONABLE EXPENSE, TAKING INTO CONSIDERATION THE ABILITY, CONVENIENCE AND INCONVENIENCE AND EXPENSE WHICH WILL RESULT TO INDIVIDUALS AS WELL AS TO THE PUBLIC IF SUCH ROAD SHALL BE ESTABLISHED AND OPENED. WE ALSO CAUSED A. A. MORRILL, THE SURVEYOR, APPOINTED FOR THAT PURPOSE, TO SURVEY THE PROPOSED UNDER OUR DIRECTION AND CAUSED THE PROPOSED ROAD TO BE CONSPICUOUSLY MARKED THROUGHOUT, AND THE CORNERS AND DISTANCES THEREON NOTED ALL IN THE MANNER REQUIRED BY LAW. REFERENCE FOR PARTICULARS OF SAID SURVEY IS HEREBY MADE THE PLAT AND SURVEY OF SAID PROPOSED ROAD, MADE BY A. A. MORRILL AND HEREWITH FILED. WE ARE OF THE OPINION THAT SAID PROPOSED ROAD SHOULD BE ESTABLISHED IN SAID PLAT AND SURVEY FOR THE FOLLOWING REASONS. TO-WIT. THAT THE PROPOSED ROAD IS ON FAIRLY GOOD GROUND FOR A ENTIRE DISTANCE, AND WILL BE A DIRECT OUTLET FOR SEVERAL SETTLERS WHO HAVE NO ROAD AT PRESENT AND THAT THERE IS NO ONE ENTITLED TO DAMAGE IF THE PROPOSED ROAD BE ESTABLISHED AND OPENED. AND WE FURTHER REPORT THAT WE WERE NECESSARILY EMPLOYED A DAY EACH AND OUR ASSISTANTS WERE EMPLOYED ONE DAY EACH. JAMES MCGOWAN ) VIEWERS R. S. ROBINSON) DATED APRIL 20th 1904 FILED MAY 2 1904 GEO. A. MORGAN CLERK March 13, 1997 CITY OF TIGARD Linda Quandt 14165 SW 115th Avenue OREGON Tigard, OR 97224 Re: Evergreen Springs (SUB 96-0009) and Hawk Meadows (SUB 97-0001) Subdivisions Dear Ms. Quandt: This letter is in response to your letter dated February 28, concerning the Evergreen Springs and Hawk Meadows Subdivisions. Upon receipt of your letter I referred many of your questions that concerned utilities and the existing access easement to Mr. Brian Rager the City's Development Review Engineer. If he has not already responded, he will be preparing a response separately to those issues. In your letter you requested a copy of the arborist report for the site in order to review the possible preservation of the Oak tree near your property (see enclosure). The arborist and consulting engineer do not recommend preservation of the tree due to necessary grading and disruption of existing drainage patterns in the area. The City has looked into requiring the drainage easement to be relocated and to continue to direct some of the existing storm drainage flows through this area in order to preserve the tree. Unfortunately, due to the topography of the site, the utility easement must be located where it has been proposed. Also, ongoing maintenance and enforcement issues with keeping a new drainage ditch maintained and undisturbed lead us to concur with the arborist and consulting engineers' recommendations. For these reasons, it does not appear possible to preserve the tree and develop required public utilities to serve the development. Please feel free to contact me concerning this information at (503) 639-4171. Sincerely, 1?7)1/1.kw,4 t°Ty-e) Mark Roberts Associate Planner, AICP is curpin/mark_r/evertree.doc c: Eileen Obermiller 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Gaarde Road Tree Inventory and Arborist Report prepared by: ET Environmental Consulting 141 N. State St. Lake Oswego, OR 97034 Wednesday, 29 January, 1997 MAR-12-199? 12:09 (scS P.02 Gaarde Road Arborist Report General Site Description as it affects Trees The site is an existing conifer nursery with two single family residences on it., neither of which will be disturbed. The land slopes significantly in a `V-shape' from north to south with the lowest point somewhere near mid-property. Rather extensive grading will be required to create buildable lots. The only trees of significance are landscape specimens occuring near the single family residences. Nine of these have diameters greater than 12 inches and so will be inventoried here. All trees in the nursery itself are much younger, most less than 8 feet in height on average, and are being grown for landscape use. There is no native vegetation remaining anywhere on site; no wood lots and no understory. The site is surrounded by single family homes of mixed ages except on the north where it is bounded by Gaarde Road. The existing large trees are for the most part very well formed, healthy, maturing specimens and would add value to any lot they can be retained for. Only one has my removal recommendation for any reason other than construction-related. The over-mature, 46" cherry has begun to decline due to size and age. Two of the other trees are actually quite notable due to their size and species, the largest walnut and the American chestnut. Both are introduced species for this area, however, and in both cases a record size for the tree is over twice its current girth. Only the chestnut can be saved. Plant Types on Site The following tree types occur on site: Pseudotsuga menziesii, Douglas fir(one) - (may be mislabeled on some early plans);Picea pungens, Colorado Spruce (one); Prunus sp., Flowering Cherry(two);Juglans nigra, Black Walnut (two); Abies concolor, White fir(two); and Castanea dentata, American Chestnut (one). Specific Recommendations for Trees The site requires extensive grading in order to create `buildable' Sax lots. As a result only the chestnut and the 46" cherry can be preserved. I am recommending the cherry be taken out so it does not become a hazard to properties constructed later. It is overly mature and beginning to decline. It will be a hazard as soon as a building has been constructed close enough to be a target. The American chestnut is growing on the top of a driveway embankment which causes it to be perched nearly four feet above the driveway grade on that one side. The driveway itself will be preserved in some form as a right-of-way, but as of this writing final elevations in its area are unknown_ Care must be taken to preserve the chestnut's roots while grading and constructing in its area_ If in fact more than 3" of cut or fill will take place anywhere inside the predetermined construction protection zone of the chestnut(which would normally extend to the drip line on all sides), the following precautions should be observed: 1) The arborist should be called. 2) The affected area beneath the canopy of the tree should be estimated as a percentage of the total area beneath the canopy. 3) If the affected area will exceed 40% of the total, consideration should be given to removing the tree. 4) If 25 to 40% will be affected, an engineered fill should be used which will satisfy the needs of construction and allow full aeration and water penetration to the existing tree roots. Such a fill should encompass a system of interconnected, perforated pipe and stand pipes whose purpose would be drainage and aeration for the existing root system. A design for the particular requirements of the site can be prepared if required. 5) If less than 25% of the tree's root system will be disturbed, no exceptional action is required (beyond what the arborist would consider prudent based on time of year and actual site conditions extant). The walnuts will both see grade changes in their area by as much as eight feet. The larger northern one is located over the path of an eight foot wide utility trench as well. I am advising that each be removed as opposed to trying to preserve them by building tree pits or rock walls as the case would require. Water movement patterns are going to be drastically changed throughout the subdivision and these large, established trees will not be able to adjust to them. It is unlikely that a large enough percentage of their root systems can be left undisturbed in any case. The remaining five trees are all located within the right-of-way of future roads, driveways or house footprints and therefore cannot be saved. Each location will see extensive grading changes as well. Mitigation recommendations The applicant will be removing seven (7) out of nine (9) trees 12" dbh or larger solely for construction purposes. That is 79% of the total and requires mitigation per Tigard Municipal Code Section 18.150.025.B and Section 18.150.070.D. Since less than 25% of existing trees of this size are being saved, mitigation per this code requires `no net loss of trees'. The number of replacement trees is calculated by dividing the total caliper inches of trees to be removed (197") by the replacement caliper size. If 2" trees are used this would result in: 197"/ 2" = 99, 2" caliper trees. The applicant would be required to plant 99, 2" dbh Douglas fir (for example) on site or elsewhere during or after construction. Planting is best done in the late fall so trees have the wet winter months to help establish their root systems. Supplemental water should be provided on a weekly basis during the first ensuing dry season either by water truck or a simple drip irrigation sprinkler line fed from a hose bibb. Tree Protection Plan: These procedures would apply to the American chestnut: 1. Before any construction activity takes place at the site, all construction personnel should study these tree preservation rules and sign off on them. 2 Barrier Fencing: 2. Under direction of the arborist, barrier fencing should be placed around each tree to be protected before construction activity begins at the site. Fencing should extend to the edge of expected construction in every direction around the tree or to the tree's dripline, whichever is furthest from the trunk and be firmly anchored in place. 3. No activities of any kind should be allowed within established tree fences. A"keep out" sign should mark the area inside each fenced tree. 4. The arborist should be called whenever a fence position must be altered. The construction superintendent should question any fence movement in the first place. Material Storage: 5. Storage of materials of any kind beneath trees or within established tree protection zones should be strictly prohibited. Every process of this sort contributes to compaction and eventual decline of the tree. Mulch: 6. All bare ground within the fencing should be mulched to a 6" depth with coarse wood chips. The chips should not be spread closer than one foot away from the trunk, in order to prevent rodent damage to the tree's bark. Mulch helps to hold moisture and prevent soil compaction. Wood chips from the tree removal process are ideal. 7. During sunny weather where temperatures are above 60 degrees no tree should be left without mulch covering its root system. Whether or not weeds and brush have been Dubbed away mulch is vital to prevent deadly moisture stress in such weather. S. Mulched trees should be watered a minimum of weekly during warm summer months when average daily temperatures are above 60 degrees. Pruning: 9. All pruning should be done under the direct supervision of the arborist. 10. Roots larger than 2-1/2" diameter should be cut only under the direction of the arborist. Under no circumstances should such roots be buried without inspection by the arborist 11. If construction traffic will pass beneath any of the protected trees, their lowest limbs should be pruned, where necessary, under the direction of the arborist. By doing so early in the project the risk of inadvertently ripping off a limb later is much reduced. 12. All trenching in the vicinity of protected trees must be done under the direct supervision of the arborist. In particular, trenching inside the drip line of a tree should be done only in the presence of the arborist. General Recommendations for Construction Site Procedures with regard to Trees 1. Tree Protection Zones should remain off limits to construction equipment, personnel and materials. Observe the"Keep Out" signs. 3 Z. Preplan how construction site spaces will be used: (The following specifications should be placed in the engineering drawings): a. Position on-site office trailers to locations away from trees. b. Always limit material storage to non-tree areas. c. Provide specific parking spaces for construction vehicles including subcontractors and laborers away from tree protection areas. d. Keep toilet, lunch and break sites away from tree protection areas. e. Provide for a cement washout pit away from tree protection areas. 3. Where trucks and construction equipment must pass close to trees designate a specific corridor they can use and limit them to it to prevent unwanted site compaction. 4. Designate a turnaround point for trucks away from trees. 5. Assign utility trenches to nontree areas. a) Where they must pass through trees specify they should be made serpentine to give trees as wide a berth as possible (never less than 10 feet). b) Where they cannot avoid roots any other way specify that utilities should tunnel beneath tree roots. The majority of root systems will be located in the top 30" of soil or less making this option entirely feasible. Conclusion The recommendations given in this report are not a guarantee that any particular tree will survive or remain healthy during or after the construction process. Unfortunately, no way exists to accurately predict the future success or failure of specific trees. Removal recommendations were based on appearance, site considerations and accepted guidelines. No instruments were used to help gauge a tree's health. Trees to be saved in some cases meet only the minimal requirements for such consideration and must still endure the rigors of site construction and their habitat's extreme alteration. 4 RECEIVED PLANNING 14165 SW 115th Avenue APR 21 1997 Tigard, Oregon 97224 CITY OFTIGARD April 21, 1997 Mr. Larry Epstein, Hearings Officer do City of Tigard Planning Director 13125 SW Hall Blvd. Tigard, Oregon 97223 REF: Evergreen Springs Subdivision, SUB 96-0009 Hawk Meadows Subdivision, SUB 97-0001 Dear Mr. Epstein: I am writing to protest the proposed pedestrian pathway adjoining the Evergreen Springs Subdivision and the Hawk Meadows Subdivision. The proposed pathway would interfere with the recorded twenty foot wide easement which extends from S.W. Gaarde Street to my home (Tax Lot 100). The pathway is not allowed pursuant to this easement and would detract from the value and security of my home. I do not believe the city has the authority to force the developers of Evergreen Springs Subdivision or the developers of Hawk Meadows Subdivision to construct a public right of way on this easement. In addition to encroaching on my property, I believe this pathway would not be a safe place for children in daylight hours or night, and it certainly would create a safety hazard for surrounding residents at night. Law enforcement officers would not be able to adequately patrol the pathway except by bicycle or footpatrol. The pedestrian pathway does not make sense from the standpoint that it would seem to overlap my easement the entire distance from Sable Lane southward and I don't believe the city has the authority to impose this requirement. Sincerely, Linda Quandt iR-1 e-1997 15: 11 S ,`c(d �wi/Yl�a uw55-, , RECEIVED PLANNING Wednesday, 16 April, 1997 APR 1 gi1997 Consulting Engineering Services CITY OFTIGARD 1 5256 NW Greenbriar Pkwy Beaverton, OR 97006 Attn: Eileen Subject The Hatch residence sequoia Observations: At your request; I looked at the Giant Sequoia at the Hatch residence. In general I believe the tree to be in good health, however, it was"topped", by accident according to the owner, approximately 15 years ago and is still misshapen. There is no other evidence of damage or disease. A driveway passes beneath it on its west side but it has adapted to the disruption that causes with no apparent ill effect. There is one Iong term concern in this case, however, that directly affects the decision to retain or remove the tree. That is the degree of grading to be done in its vicinity. The sequoia lies near the bottom of a significant northeasterly slope. Soil in its vicinity(especially in • areas away from traffic)is saturated, even puddled on top in spots. Judging from its extremely rapid growth since being topped, the tree must be feeding on seasonal springs fed by runoff from the slope to the west. These will be radically altered by grading and the long term health of the tree will be impacted adversely. A younger tree might adapt to such a change, but this one is over a hundred years old. There simply are no guarantees. Recommendations: My recommendation for this tree, considering the above, is to remove it. Trying to save it is too risky considering the tradeoffs that must be made just to make the attempt. Remove this one and plant another in just the right spot to enhance the new subdivision. Please call me with any questions or concerns. Jeff Wiegel, Arborist ET Environmental Consulting (503) 636-2929 RITA MROCZEK, PWS 3980 SW 170Th AVE. ALOHA, OR 97007 (503) 642-3739 Fax 642-4158 April 11, 1997 Tony Weller Consulting Engineering Services, Inc. ;'R _, 15256 NW Greenbrier Pkwy. Beaverton, OR 97006 Dear Mr. Weller: At your request, I examined the property on SW Gaarde west of SW 114th in Tigard which is proposed for a development known as Hawk Meadow (Tax Lots 3700, 3800, 3900 and 4300). A small ditch crosses the site from west to east carrying drainage from under SW 115th Ave. A small portion of the rear yard of the existing house onsite (shown on development plans as Lot 7) was very wet and had an odor characteristic of anaerobic conditions that may be due to septic seepage. The watershed above the drainage is only 48 acres in size. United Sewerage Agency's manual - chapter 3.11: 1a.2 - states that 'sensitive areas are limited to rivers, streams and creeks carrying flows from 100 acres or more.' This "water body" does not meet the definition of a sensitive area because its watershed is less than 100 acres. No other 'wet' areas exist onsite other than Lot 7's rear yard. If you have any questions, please let me know. Sincerely, /77 Rita Mroczek, PWS CITY OF TIGARD HEARING'S OFFICER APRIL 14, 1997 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 -M419 anyone wishing to speak on an agenda itetrl' should sign..on the appropriate sign-in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639-4171 , Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 4/14/97 PUBLIC HEARING h:\patty\masters\agendho.mst CITY OF TIGARD C ITY OF TIGARD Community(Development Shaping Better Community HEARINGS OFFICER APRIL 14,1997-7:00 P.M. AGENDA CALL TO ORDER 2. PUBLIC HEARING 2.1 EVERGREEN SPRINGS SUBDIVISION Subdivision (SUB) 96-0009 LOCATION: 14235 SW 115th Avenue; WCTM 2S1 10BA, Tax Lots 00200 and 00300. The applicant has requested subdivision approval to divide two (2) parcels totaling 5.24 acres; into eighteen (18) lots ranging in size from 7,598 to 16,363 square feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. 2.2 HAWK MEADOWS SUBDIVISION Subdivision (SUB) 97-0001 LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 03700, 03800, 03900 and 04300. The applicant has requested subdivision approval to divide four (4) parcels totaling 2.52 acres into eleven (11) lots ranging in size from 7,560 to 13,704 square feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; (R-4.5). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. 3. OTHER BUSINESS 4. ADJOURNMENT -;CARD HEARING'S OFFICER PAGE 2 OF 2 :/14/97 PUBLIC HEARING h:lpatty\masters\agendho.mst .414 CITY OF TIGARD Commurnty Dtvefopment Shaping Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 14. 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: SUBDIVISION (SUB) 97-0001 FILE TITLE: HAWK MEADOWS SUBDIVISION APPLICANT: Riverwood Development L.L.C. OWNER: Lynn and Sharon Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 REQUEST ➢ A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. ZONE: R-4.5; Residential, 4.5 units per acre. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CI-11° COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAUREOUEST FOR COMMENTS IF A PERSON SUBMITS EVIDENCE SUPPORT TO THE APPLICATION At 1 ER MARCH 24, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. I i I Y�NII� r UH I � 1 ! I I I � .� ' it I H'1 i wfti i 1)/. L1114 (7-7 ^ 4' - SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: April 4, 1997 TO: Mark Roberts, Planning Division FROM: Brian Rager, Development Review Engineer RE: SUB 97-0001, Hawk Meadow Subdivision Description: This approval is for the division of four parcels into 11 lots. The site is located at 14135 SW 114th Avenue (WCTM 2S1 10AB, Tax Lots 3700, 3800, 3900 and 4300) Findings: 1 . Streets: This site lies adjacent to SW 114th Avenue, which is classified as a local residential street. This site also lies just east of Tax Lots 200 and 300, which is the site of a proposed subdivision, currently under review, to be called "Evergreen Springs". The Evergreen project proposes a new east/west local street to be called SW Sable Lane, which will cross this site and link up to SW 114th Avenue. The applicant for the subject site has shown this new street on the proposed subdivision plan. SW 114th Avenue This street is currently a semi-paved roadway, but is not improved to City standards. The existing right-of-way (ROW) will meet the City's local street standard (50 feet). No additional ROW dedications are required. The paved width is approximately 17 feet wide. In order for the street to accommodate the additional traffic that will be generated by this development, the applicant should construct improvements adjacent to the site frontage. The applicant has shown on their plan that they intend to construct a 3/4-width improvement along the site frontage as a part of this project. This improvement will provide a total of 24 feet of pavement width when completed, which should safely accommodate two-way traffic plus parking adjacent to the new curb on the west side of the roadway. Any necessary pavement tapers needed to tie the new improvement back ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 1 into the existing edge of pavement shall be provided beyond the site frontage. SW Sable Lane As was mentioned above, this will be a new local residential street. The applicant proposes that SW Sable Lane be built to a narrow street standard (28-feet of pavement overall). TDC 18.164.030(E), Figure 23, indicates that a local street with under 500 average daily trips (ADT) could be reduced in width to 28 feet. The Institute of Transportation Engineers (ITE) estimates that each single-family lot will generate an average of 10 trips per day. Therefore, 50 lots could be served from a 28-foot wide street. The Evergreen Springs project will contain a total of 18 lots that may use Sable Lane. The Hawk Meadow project, however, will only have 4 lots abutting this street. The remainder of the 11 lots will be served by the proposed private street. There are also approximately 10 existing homes that abut a strip of land that will become SW 117th Avenue that could feasibly utilize Sable Lane, once constructed. Therefore, it appears that a total of 32 lots would use Sable Lane. This number of lots falls well within the limits of the narrow street criteria. In reviewing both the Evergreen Springs and the Hawk Meadow applications, it appears there is a discrepancy in the centerline alignment where the street crosses the joint property line between the two projects. The Hawk Meadow application indicates that the centerline of the street will be offset 10 feet south of the north boundary of this site. However, the Evergreen Springs plan shows the centerline of the street aligning directly with the Hawk Meadow north property boundary. The consulting engineer for both projects is the same, so Staff believes this discrepancy can easily be resolved. The applicants for both projects will need to coordinate with regard to the alignment of the street prior to construction approval. Proposed Private Street The plan proposes that 5 or 6 of the southern lots within this project be served from a private street to be called "SW Jaki Lane". TMC 18.164.030(S) limits the number of lots to be served from a private street to a total of 6. The applicant could easily provide access to both lots 5 and 11 from SW 114th Avenue, since it is a local street; this would result in only 5 lots being accessed from the private street. 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 2 Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. 2. Water: This site lies within the Tigard Water Department's service area. There is an existing public water line in SW 114th Avenue. The applicant's plan indicates that a new 8-inch water line will be extended with the Sable Lane improvements and will complete a looped connection with the water line in 114th Avenue. In addition, a new 4-inch water line will be extended into the private street to serve those lots. Final water plan design shall be reviewed and approved by the Engineering and Water Departments. 3. Sanitary Sewer: This site can be served from an existing 8-inch public sanitary sewer line that lies just north of this site. The existing line presently terminates near the midpoint of the north property line of this site. The plan indicates the sewer line will be extended further west by "others". This note refers to the Evergreen Springs project, which must extend the sewer line in order to serve that project. However, the note assumes the Evergreen project will be approved and constructed before the Hawk Meadow project; neither assumption can be verified at this point. City sewer extension regulations require each development to extend sanitary and storm sewer lines to the boundaries of the development so that service can be provided to adjacent undeveloped or unserved properties. If the Evergreen Springs project has not been constructed before the Hawk Meadow project is permitted, the developer of the Hawk Meadow project shall extend the sewer line to western boundary. In order to accomplish this, the applicant will need to obtain off-site sanitary sewer easements from two parcels directly north of the site (Tax Lots 4100 and 4200). These easements must be obtained and approved by the City prior to approval of the construction drawings. 4. Storm Drainage: This site contains an existing drainageway which is a continuation of the drainageway spoken to in the Evergreen Springs report. The existing flows collect in a ditch toward the northern end of the site. This ditch carries water eastward to SW 114th Avenue, where it is collected in a culvert, carried across the roadway and sent further east in a ditch system. The applicant will be required to provide a drainage basin study to determine what upstream properties can be served from the proposed ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 3 public storm sewer system and how large the piped system should be in order to accommodate the upstream properties when fully developed. In addition, the City is concerned about the potential impact to the downstream storm system from the additional storm water that will be generated from development of this site. The applicant will need to provide a downstream analysis to determine if the downstream system will have enough capacity to accommodate the additional storm water from this site. If a capacity problem is encountered, the applicant will either need to upsize the downstream system, or provide on-site detention. The method of the downstream analysis must be in accordance with the Unified Sewerage Agency design and construction standards. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, the regulations also provide exceptions to the construction requirement in cases where topography of the site is difficult, size of the site is small or if there is a more appropriate regional facility nearby. In either of these three cases, the City may allow a fee in-lieu of constructing a facility to be paid. The applicant is requesting the fee in-lieu option based on the relatively small size of this site and development. The applicant states that they would lose approximately 10% of the developable area of the site, if a facility were required (loss of one lot). The City has, in similar circumstances, allowed the payment of the fee in lieu, and concurs with the applicant that the requirement for a facility on this site is impractical. Therefore, Staff recommends the applicant pay the fee in-lieu. This fee will need to be calculated and paid prior to approval of the final plat and is based on the area of new impervious surfaces (streets, sidewalk) and the number of new lots. 6. Grading and Erosion Control: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91- 47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 4 7. Existing Overhead Utility Lines: There are existing overhead utility lines on SW 114th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1 . Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 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. ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 5 4. Prior to approval of the construction drawings, the applicant shall coordinate with the developer of the Evergreen Springs subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site. It appears that the centerline of the roadway on the Evergreen site will need to be shifted 10 feet to the south so that the centerline is offset 10 feet from the north boundary of this site (Hawk Meadow). 5. The applicant shall construct a 3/4-street improvement along the frontage of SW 114th Avenue. The street, when fully improved, will have a pavement width of 32 feet. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 16 feet, plus an additional 8 feet of pavement on the west side of centerline to ensure safe, two-way traffic will be accommodated, b. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage c. curb d. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff e. 5 foot concrete sidewalk on the east side f. street striping, if necessary g. streetlights as determined by the City Engineer h. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities) street signs j. driveway aprons k. adjustments in vertical and/or horizontal alignment to construct SW 114th Avenue in a safe manner, as approved by the Engineering Department. 6. The applicant shall construct a 3/4-width improvement of the new street to be called SW Sable Lane. The street, when fully improved, will have a pavement width of 28 feet. The improvements to be built as a part of this project shall include: a. City standard pavement section from curb to centerline equal to 14 feet, plus an additional 10 feet of pavement on the north side of centerline to ensure safe, two-way traffic will be accommodated, b. curb c. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff d. 5 foot concrete sidewalk on the south side e. street striping, if necessary f. streetlights g. underground utilities h. street signs ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 6 driveway aprons 7. 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 subdivision, with the exception of SW Sable Lane, which will not be constructed to full width. Improvements shall be designed and constructed to local street standards. 8. A profile of SW 114th Avenue shall be required, extending 300 feet south of the subject site and north to SW Gaarde Street, which shall show the existing grade and proposed future grade. 9. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street (SW Jaki Lane) will be jointly owned and maintained by the private property owners who will be served by it. 10. 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. 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. The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 11. 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. Fire hydrant locations shall be approved by the Water Department. 12. 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. 13. The applicant shall provide sanitary sewer service to the adjacent undeveloped properties. Unless the proposed sanitary sewer line in SW Sable Lane has already been extended as a part of development to the west, the applicant shall extend the sewer line to the western boundary of this site as a part of this development. ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 7 14. Prior to construction approval, the applicant shall obtain any necessary off- site public sanitary sewer easement from the parcel(s) to the north for extension of the existing public sanitary sewer line. The easement shall be reviewed and approved by the City prior to recording. 15. Prior to construction approval, the applicant's design engineer shall submit documentation, for review by the City (Brian Rager), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25-year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on-site detention facility. 17. If the projected increase in surface water runoff which will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on-site detention facility. 18. The applicant shall provide storm sewer service to adjacent unserved/undeveloped parcels. 19. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 sf of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat, 2) the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department (Brian Rager) with surface area calculations for the streets and sidewalk in order for the fee under "1)" above to be calculated. 20. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 8 21. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 22. 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. 23. The applicant shall either place the existing overhead utility lines along SW 114th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 24. The applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision/partition plat. 25. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially 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. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 9 18.160.170 Improvement Agreement: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 2. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; B. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or C. Cash. 2. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. 3. 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: 1. Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. 2. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 10 18.162.080 Final Plat Application Submission Requirements: 1 . Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentation 1. 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. 2. The following centerline monuments shall be set: a. All centerline-centerline intersection points. b. All cul-de-sac center points. c. Curve points, beginning and ending points (PC's and PT's). 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Required 1. Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. 2. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 11 service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. 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. B. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite/Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 Engineer's Certification Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. APPROVED: .2f,."1)7Z Greg Berry, Acting City Engineer is\eng\brianr\sub97-01.bdr ENGINEERING COMMENTS SUB 97-0001 Hawk Meadow PAGE 12 Pl.IN 1/4 PC n ‘`t.•< TUALATIN VALLEY FIRE & RESCUE r `> FIRE PREVENTION 4755 S.W.Griffith Drive . P.O.Box 4755 . Beaverton,OR 97076 . (503)526-2469 . FAX 526-2538 u RF&RESGJ February 26, 1997 RECEIVED PLANNING MAR 10 1997 Mark Roberts City of Tigard Planning Division cnyoFTIGARD 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Hawk Meadows 14135 S.W. 114`h Avenue SUB 97-0001 File Number: 1371-97 Dear Mark: This is a Fire and Life Safety Plan Review and is based on the 1991 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. Plans for the above noted project are not approved. Please address the following items and resubmit plans to this office for review and approval. The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectfully, as measured from the same center point. (UFC 902.2.2.3) Note turnarounds. Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles and maintain the minimum 20 foot wide unobstructed driving surface, "No parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING- FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5(1)(2)&(3)) "Working"Smoke Detectors Save Lives Mark Roberts February 26, 1997 Page 2 The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. (UFC Appendix III-A, Sec. 5) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) If I can be of any further assistance to you, please feel free to contact me at 526-2469 referring to the above noted file number. Sincerely, j2,44 Gene Birchi 1, DFM Plans Examiner GB:kw cc: Riverwood Development 4035 Douglas Way Lake Oswego, OR 97035 c�4 • w, UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM RECEIVED PLANNING MAR 1 0 1997 DATE: March 4, 1997 CITYOFTIGGRO TO: Mark Roberts, City of Tigard FROM: Julia Huffman, USA SUBJECT: Hawk Meadows Subdivision, SUB 97-0001 SANITARY SEWER Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewerage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up-hill adjacent properties, or extend service as required by R&O 96-44. STORM SEWER Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties,or extend storm service as required by R&O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If • downstream storm conveyance does not have the capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. SENSITIVE AREA A "Sensitive Area" may exist. Developer must preserve a 25-foot corridor as described in R&O 96- 44 separating the sensitive area from the impact of development. 155 North First Avenue, Suite 270, MS 10 Phone:503/648-8621 Hillsboro,Oregon 97124 FAX:503/640-3525 • 444' REQUEST FOR COMMENTS CITY `OF TI TIGARD Community Development Shaping Better Community DATE: February 25,1991 TO: Lee Walker,USA/SWM Program FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts 1x3111 Phone:[5031639-4171 Fax:[5031684-7291 RE: SUBDIVISION(SUB)91-0001 HAWK MEADOWS SUBDIVISION A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on thig application, WE NEED YOUR COMMENTS BACK BY: Friday - March 7, 1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • H � J- �j.. (7* c9 6)9ya �, • b• (Please provide tfie following information)Name of Persontsl Commenting:` l Phone Number(s): - a c- SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS 40, REQUEST FOR COMMENTS CITY OF TIGARD Community DeveCopment ShapingA Better Community DATE: February 25,199/ RECEIVED PLANNING TO: David Scott,Building Official MAR 1 0 1997 FROM: City of Tigard Planning Division CITIS ACT: Mark Roberts(x31/1 Phone:15031639-4171 Fax:[50316847297 RE: SUBDIVISION(SUBI 91-0001 HAWK MEADOWS SUBDIVISION A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - March 7, 1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date. please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. 7� Written comments provided below: �0 WHO, Nt\i tk)\ Ck 40'611 ' + 4 ' Ui11/ mil" ItO S Ilia I ► o e1. . 1(.1.` 'k , , 4i tt ide the folCawing information)Name of Persontsl Commenting: i 1 \1 ' ' ' I Phone Number(sl: SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS RECEIVED PLANNING • REQUEST FOR R CITY FEB 2 8 1997 Q O CO MMENTS CITY OF TIGARD Community Development CITY OF TIGARD Shaping Better Community DATE: February 25,199/ TO: Brian Moore,PGE FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts[x3171 Phone:(5031 639-4171 Fax:(5031 684-7297 RE: SUBDIVISION[SUB)91-0001 HAWK MEADOWS SUBDIVISION A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,7041 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - March 7, 1997. You may use the space provides below or attach a separate letter to return your comments. If y o u are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: fr We have reviewed the proposal and have no objections to it. Please contact _ of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the folThwing information)Name of Persons)Commenting: Phone Number[sl: 5 _test I SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS V REQUEST FOR COMMENTS *"1010e p.TIC3.. ARD • RECEIVED PLANNICo CITY OF munity Deveropment S flaying ABetterCommunity FEB 2 6 1997 DATE: February 25,1991 CITY OF TIGAAD TO: John Roy,Property Manager FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts(x3111 Phone:15031639-4171 Fax:[5031 684-1291 RE: SUBDIVISION(SUM 97-0001 HAWK MEADOWS SUBDIVISION A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation wile be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Friday - March 7, 1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223.P r THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ((lease provide the folTowing information)Name of Personfsl Commenting: Phone Numbertsl: SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS `� RFCFIVED PLANNING P`' - 1N v '�J n �`�< T UALATIN VALLEY FIRE & RESCUE z ti 1997 FIRE PREVENTION CITY OF TIGARD 4755 S.W.Griffith Drive . P.O. Box 4755 . Beavcnon,OR 97076 . (503)526-2469 . F /R��R SGJ� ( ) FAX 526-2538 To: hi, ! ,- 07,177"---.- G--Th Date: 2-7/-14_,c,S O WC 0 CC p MC Li BV WTI O TU 0 DU O SH 0 WI O KC Jurisdiction File Number: Project Name: 1 t4-41 K ti4 r9-ig z 15 Project Address: 14(3s' ad ) I t-I- 04 TVF&R File Number: - (Whenever referring to this project please include the TVF&R File Number) Project approved — Project not approved- Please address items checked below and re-submit plans for review and approval to the: O TVF&R Fire Marshal's Office 0 Planning Department having jurisdiction for routing to the TVF&R Fire Marshal's Office Project conditionally approved subject to correction of items checked below. This is a Fire and Life Safety Plan Review and is based on the 1994 Editions of the Uniform Fire Code(UFC)and those sections of the Uniform Building Code(UBC)and Uniform Mechanical Code(UMC)specifically referencing the fire department,and other local ordinances, regulations and guidelines. 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet.(UFC Sec.902.2.1) 2)FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION; When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec.902.2.1 Exception 1) 3)ADDITIONAL ACCESS ROADS. Where there are 20 or more dwellings, an approved second fire apparatus access roadway must be provided to a city/county roadway or access easement. (UFC Sec.902.2.2) 4)FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not !.....:,s than 20 feet(15 feet for not more than two dwelling units),and an unobstructed vertical clearance of r.:t less tin ,3 feet 6 inches.(UFC Sec. 902.2.2.1) rl. 5) SURFACE AND LOAD CAPACITIES; Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load(gross vehicle weight). (UFC Sec. 902.2.2.2) Please provide documentation from a registered engineer that the design will be capable of supporting such loading. Please provide documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code. • 6) TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectfully, as measured from the same center point.(UFC Sec.902.2.2.3) Na-- 1 Jr 7•.' Avt—v-,-, � 7) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) 8) BRIDGES: Bridges shall be designed, inspected and final construction approved by a registered engineer. The bridge shall be designed in accordance with the American Association of Highway and Transportation Officials "Standard Specifications for Highway Bridges. " The bridge shall be designed for a live load sufficient to carry 50,000 pounds. (UFC Sec. 902.2.2.5) 9) NO PARKING SIGNS: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway an:`' in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 48.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec.901.4.5.(I)(2)&(3)) "Working"Smoke Detectors Save Lives Pane 1 oft TVF&R File Number 10) GRADE; Fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 feet. (UFC Sec.902.2.2.6). Intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. 11)PAINTED CURBS; Fire apparatus access roadway curbs shall be painted yellow and marked"NO PARKING FIRE LANE"at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high.(UFC Sec.901.4.5.2) 12)COMMERCIAL BUILDINGS- MINIMUM NUMBER OF FIRE HYDRANTS; The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (I) fire hydrant for the first 2,000 gallons per minute(GPM) required fire flow and one (l) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec.903.4.2.1) 13) COMMERCIAL BUILDINGS - FIRE HYDRANTS; No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an approved fire appatatus access roadway. (UFC Sec.903.4.2.1) 14) SINGLE FAMILY DWELLINGS - FIRE HYDRANTS; Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief.(UFC Sec.903.4.2.2) 15) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway.(UFC Sec.903.4.2.4) 16) FIRE HYDRANT / FIRE DEPARTMENT CONNECTION; A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be as approved by the Chief.(1996 Oregon Structural Specialty Code, Sec.904.1.1) 17)FIRE DEPARTMENT CONNECTIONS ON BUILDINGS; Fire department connections shall not be located on the building that is being protected. (UFC Sec.903.4.2.5) 18) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall not exceed 3,000 gallons per minute(GPM)or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec.903.3) 19)SINGLE FAMILY DWELLINGS-REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s)are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1.(UFC Appendix III-A,Sec. 5) 20)RURAL BUILDINGS - REQUIRED FIRE FLOW; Required fire flow for rural buildings shall be calculated in accordance with National Fire Protection Association Standard 1231. Please contact the Fire Marshal's office for special help and other ( requirements that will apply.(UFC Sec. 903.3) 21) ACCESS AND FIREFIGHTING WATER SUPPLY DURING CONSTRUCTION; Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 22) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an application and instructions regarding installation and placement. 23)REQUIRED INSPECTIONS: Please contact the Fire Marshal's office at the appropriate times for inspection of the following: 24) 25) __Cq -(7 Jog ri3 KL_ 1- D ___ac,".) EK AI 11) t7— Plan Reviewer Signature Title cc: iq P A C 1 4 A/7— ���—►�� L- ,� c Page 2 of 2 At, REQUEST FOR COMMENTS CITY OF TI TIGARD Community(Development Shaping Better Community DATE: February 25,1997 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts 1x3171 Phone:15031639-4171 Fax:15031684-7297 RE: SUBDIVISION[SUB)91-0001 HAWN MEADOWS SUBDIVISION A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation wilt be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on thig application, WE NEED YOUR COMMENTS BACK BY: Friday - March 7, 1997. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • 44 ►' (Please provide the following information)Name of Person[sl Commenting: I Phone Number(s): I SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS REQUEST FOR COMMENTS t NOTIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS CIT Area: (CI IEI (SI(WI CITIZEN INVOLVEMENT TEAMS LI Place for review in Library CIT Book(*) FILE NAME: I-IA �-7- 000 I -BILE NOISJ 14„ r,k ), 0"Lty >uU/4,, 4, CITY OFFICES • ADVANCED PLANNING/Nadine Smith,PlannngSupervSo,LCOMMUNITY DVLPMNT.DEPT./D pmnr Svcs Technictens _POLICE DEPT./crme Prevention Officer BUILDING DIV./David Scott,Building Official k ENGINEERING DEPT./Brian Rager,Dvipmnt Revaw Engineer _WATER DEPT./Michael Miller,operator,Manager CITY ADMINISTRATION/Cathy Wheatley,Gay Recorder _k-OPERATIONS DEPT./John Roy,PopenyManager _OTHER SPECIAL DISTRICTS ., 1/ TUALATIN VALLEY FIRE&RESCUE TUALATIN VALLEY WATER DISTRICT VIFIED SEWERAGE AGENCY Fire Marshall Administrative Office Lee Walker,SWM Program Washington County Fire District PO Box 745 155 N. First Street (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON _CITY OF TUALATIN _OR. DEPT.OF FISH&WILDLIFE _OR. DIV.OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street, NE Beaverton,OR 97076 PO Box 369 PO Box 59 Salem.OR 97310-1337 Tualatin,OR 97062 Portland,OR 97207 _Larry Conrad,Senior Planner _OR.PUB.UTILITIES COMM. Mike Matteucci,Neighbmd.coon METRO _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street,NE 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 _CITY OF DURHAM Portland,OR 97232-2736 Portland,OR 97232 City Manager US ARMY CORPS.OF ENG. PO Box 23483 _Mary Weber,Growth Management coordinator _OR. DEPT.OF LAND CONSERV.&DVLP. 333 SW First Avenue Durham,OR 97281-3483 _Mel Huie,Greenspeces Coordinator(CPA'sRGAs) 1175 Court Street,NE PO Box 2946 Salem,OR 97310-0590 Portland,OR 97208-2946 _CITY OF KING CITY _METRO AREA BOUNDARY COMMISSION City Manager 800 NE Oregon Street _OREGON DEPT.OF TRANS.(ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building#16,Suite 540 Aeronautics Division Dept.of Land Use&Trans. King City,OR 97224 Portland,OR 97232-2109 Attn: Tom Highland,Planning 155 N. First Avenue 3040 25th Street,SE Suite 350,MS 13 _CITY OF LAKE OSWEGO _OR. DEPT.OF ENERGY Salem,OR 97310 Hillsboro,OR 97124 Planning Director Bonneville Power Administration PO Box 369 PO Box 3621 _ODOT,REGION 1 _Brent Curtis(CPA's) Lake Oswego,OR 97034 Routing TTRC-Attn: Renae Ferrera Sonya Kazen,Ddpmt Rey Coord _Scott King(CPA's) Portland,OR 97208-3621 123 NW Flanders _Mike Borreson(Engineer) CITY OF PORTLAND Portland,OR 97209-4037 Jim Tice(IGA's) David Knowles,PIanning Bureau De _OREGON,DEPT.OF ENVIRON.QUALITY 1.-"Tom Harry(currentei Apps) Portland Building 106,Rm. 1002 811 SW Sixth Avenue _ODOT,REGION 1 -DISTRICT 2A _Phil Healy(current PI.Apps) 1120 SW Fifth Avenue Portland,OR 97204 Jane Estes.Perms specialist Portland,OR 97204 PO Box 25412 Portland,OR 97298-0412 UTILITY PROVIDERS AND SPECIAL AGENCIES _BURLINGTON NORTHERN R/R _METRO AREA COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO. - TRI-MET TRANSIT DVLPMT. Administrative Office Jason Hewitt Clifford C.Cabe,Construction Engineer Kim Knox,Project Planner 1313 W. 11th Street Twin Oaks Technology Center 5424 SE McLoughlin Boulevard 710 NE Holladay Street Vancouver,WA 98660-3000 1815 NW 169th Place,S-6020 Portland,OR 97232 Portland,OR 97232 Beaverton,OR 97006-4886 COLUMBIA CABLE COMPANY _ICI CABLEVISION OF OREGON US WEST COMMUNICATIONS Craig Eyestone NW NATURAL GAS COMPANY Linda Peterson Pete Nelson 14200 SW Brigadoon Court Scott Palmer 3500 SW Bond Street 421 SW Oak Street Berton,OR 97005 220 SW Second Avenue Portland,OR 97201 Portland,OR 97204 Portland,OR 97209-3991 GENERAL TELEPHONE ,I// Paul Koft, Engineering _PORTLAND GENERAL ELECTRIC COMPANY MC: OR030546 Brian Moore Tigard,OR 97281-3416 14655 SW Old Scholls Ferry Road Beaverton,OR 97007 b\patty(masters\rfcnot ce mst 7-Feb-97 MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING TAlli■ I crnrof41'ARD Commumty,Dettlupment - Shaping •&tier Community STATE OT OltEGOY ) County of'Washington )ss. City of Tigard ) I, Patricia L Lansford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for The City of Tigard, Oregon. LT That I served NOTICE OF (AMENDED E) PUBLIC HEARING FOR: (sn1..rwa I w�ur) altar Ise Meg data] • {Lisa ausra rtitf ha Wow) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council • E That I served NOTICE OF (AMENDED ❑) DECISION FOR: f Mint SIN OmI...tll.) City of Tigard Planning Director U That I served NOTICE OF (AMENDED E) FINAL ORDER FOR: (Urcli MI Om 1 wlatr1 {cta isonertus la Isltm) ❑ City of Tigard Planning Director Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 7 That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES] of which is attached, marked Exhibit "A_", was mailed to ea`• amed person(s) at the address(s) shown on the attached list(s), malted wait'T, n the Qi� . of /4. 1991 , and deposited in the United States Mail on the i day of ,NON/k, , 199_, postage prepaid. ,Si. /1 TI( aced Notice � J Subscribed and sworn/affirmed before me on the L I day o -. .��� , 1917 . �� OFFICIAL SEAL J iQc p �� 1{/yam i ckib • �',� COMMISSION NO 048142 NOTARY PUBLIC OF OR MY COMMISSION EXPIRES SEPTEMBER 07,1999 -I My Commission Eft j,, q7,7 hi - ALE INFO_ ` Luz nal 5a6/7---e60i USE EXHIBIT A�,..�,�, CITY OF TIGARD Community(Development S haping f7 Better Community • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUB) 97-0401 Case Name(s): HAWK MEADOWS SUBDIVISION Name of Owner: Lynn and Sharon Hatch Name of Applicant: Riverwood Development L.L.C. Address of Applicant: 4035 Douglas Way City: Lake Oswego State: Oregon Zip: 97035 Address of Property: 14135 SW 114th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S110AB, Tax Lots 03700, 03800, 03900 and 04300. Request:-> A request to subdivide four (4) parcels of 2.52 acres into 11 lots ranging in size from 7,560 • to 13,704 square feet. Zone: R-4.5; Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Action: -> ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies E3 The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9> THE DECISION SHALL BE FINAL ON MONDAY MAY 19,1997 UNLESS AN APPEAL IS FILED. 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 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOB FILING OF AN APPEAL IS 3:30 P.M.ON MAY 19,1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639-4171. Sit 91-0III urn MUMS mom= MITRE IF nu*t IIIEI IY TIE RUMS ImCEI {MEI STEM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON In the matter of an application by Riverwood Development, ) FINAL ORDER LLC for a preliminary plan to divide 2.52 acres into 11 lots ) for single family dwellings at 14135 SW 114th Avenue ) SUB 97-0001 in the R-4.5 zone of the City of Tigard, Oregon ) (Hawk Meadows) I. SUMMARY A. This final order concerns an application to divide 2.52 acres into 118 lots. The site is west of and adjoins SW 114th Avenue about 110 feet south of SW Gaarde Street. All proposed lots do or can comply with dimensional requirements of the R-4.5 zone. An existing house will be retained on one lot. Ten lots will be used for new single family detached dwellings. B. The applicant will dedicate right of way for and make a 3/4-width improvement to 114th Avenue from Sable Lane to the south edge of the site (plus a taper), a 3/4-width improve- ment to SW Sable Lane from SW 114th Avenue to the west edge of the site, and a private drive (SW Jaki Lane) that terminates in a modified hammerhead turn-around on the site. All proposed lots will have frontage on a proposed public or private street on the site. The applicant will collect runoff and discharge it to a storm sewer off-site. The applicant will extend public sanitary sewer and water service to each lot. C. At the public hearing in this matter,city staff recommended subject to conditions. The applicant generally accepted the staff recommendations with two minor and two major exceptions. Three members of the public testified orally against requiring a pedestrian pathway from the end of Jaki Lane across proposed lot 8 to a pathway in the Evergreen Springs subdivision (SUB96-0009) to the west. The hearings officer held open the record one week to allow a final argument by the applicant. The principal issues in this case are whether the applicant should be required to dedicate and improve a pedestrian/bikeway outside a street rights of way on the site to mitigate for an oversized block circumference, and whether the private road should be moved to protect an existing significant tree. D. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision substantially as proposed, subject to the conditions recommended by city staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the hearings officer) held a duly noticed public hearing on April 14, 1997 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Mark Roberts summarized the proposal and existing conditions on and around the site. He observed that a 56-inch caliper tree is situated near the turn- around, and recommended the hearings officer allow the applicant to relocate the private road a little south to avoid and protect the tree or to show the tree should be removed, because it is damaged or diseased. He recommended the hearings officer authorize reducing the size of adjoining lots to as little as 6000 square feet to save the tree, based on authority for lot size averaging in the tree preservation regulations. He noted that condition of approval 27 requires a pedestrian/bikeway across a portion of the site, completing a connection to 116th Terrace that would be required under a similar condition recommended for SUB96-0009 (Evergreen Springs). He corrected condition of approval 5.E. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 1 2. Eileen Obermiller testified on behalf of Consulting Engineering Services (CES) and the applicant. She accepted the conditions of approval recommended by city staff • generally, with the following specific exceptions: a. She requested that condition of approval 4 be modified or administered to allow the applicant to use a reverse curve to match the centerline segments of SW Sable Lane on this site and the Evergreen Springs subdivision site rather than requiring all of the lots in Hawk Meadow to shift. b. She introduced a letter from Rita Mroczek who determined the site does not contain a wetland or waterbody. Therefore she requested that condition of approval 24 be deleted. c. She raised concerns about condition of approval 26, which requires relocating the Jaki Lane turn-around to save the large tree there or show it is damaged or diseased. She speculated that the tree may have to be removed, because there is no way to place the turn-around outside of the crown of the tree without reducing the size of resulting lots too much. She requested that the condition of approval allow that. d. She objected to condition of approval 27, which requires the pathway in the private drive and across lot 8 to connect to the pathway from Evergreen Springs, due to concerns about visibility and user safety. 3. Several witnesses testified against condition of approval 27, arguing the pathway would be unsafe, including Carl Jensen of CES, Alan Deharpport, Becky Anderson, Linda Quandt and Mr. Lynn Hatch (one of the owners of the site). B. The applicant did not submit a final written argument before the record closed on April 21, 1997. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report as modified by Mr. Roberts' testimony at the hearing in this matter. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. B. As in the companion case decided this day (SUB 96-0009 (Evergreen Springs)), a significant disputed issue in this case is whether to extend a pedestrian/bikeway from SW 114th over Jaki Lane and across lot 8 to the pathway segment recommended in the Staff Report for the Evergreen Springs subdivision. The hearings officer's analysis is similar in both cases. 1. The block length of Sable Lane will be more than 600 feet, because it will not intersect another through street between SW 117th and SW 114th Avenues. Therefore CDC 18.164.040(B)(2) requires a pedestrian/bikeway. 2. But existing development can preclude extension of a pedestrian pathway. For that reason, staff did not recommend requiring a pathway to extend north or south of the site. Staff did not apply that principle to the site and land to the west, although they did not discuss the issue much in the Staff Report or at the hearing. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 2 3. The hearings officer finds development is proposed (Evergreen Springs and Hawks Meadow) and development exists (e.g., the houses on proposed lot 7 and TL 100) that preclude a functional, safe and convenient pedestrian/bikeway between public streets in Evergreen Springs and Hawk Meadows. The proposed and existing houses in the alignment between SW Chestnut Lane and SW Jaki Lane (in Hawk Meadows) make the proposed path circuitous, reducing its convenience and any savings in travel distance. Existing and proposed development also make the pathway difficult to accommodate while protecting the privacy and security of adjoining properties, particularly substandard-sized TL 100. The lack of visibility of much of the pathway route raises reasonable fears about the safety of people on the pathway. Based on the foregoing concerns and limitations of the pathway recommended in this case, and given the absence of city standards for pathways, the hearings officer finds that the potential adverse impact of the pathway outweighs its potential benefits, and concludes the pathway should not be required. The hearings officer expressly rejects the portion of the Staff Report that recommends such a pathway. Condition of approval 27 should be deleted accordingly. C. The other major issue in this case is whether the applicant should be required to redesign the private street turn-around to preserve the substantial tree that abuts the location the applicant proposed for the turn-around. See condition of approval 26 and the Staff Report at pp. 14-15. The relevant law is CDC 18.150. 1. CDC 18.150.030 provides that tree removal permits "shall be required only for the removal of any tree which is located on or in a sensitive land area..." The tree in this case is not on or in a sensitive land area as defined by the CDC. Therefore a tree removal permit is not required for the tree in question.1 2. CDC 18.150.025(A) requires an applicant for a subdivision to prepare and submit to the city a tree plan for the planting, removal and protection of trees on a site. This section concludes with the statement that "[p]rotection [of trees] is preferred over removal where possible." 3. Although CDC 18.150.045 provides incentives for tree preservation, it does not require an applicant to avail himself or herself of those incentives. 4. The hearings officer finds the CDC is ambiguous about the extent to which an applicant for a subdivision is required to preserve trees where a tree removal permit is not required. The hearings officer concludes that the last sentence in CDC 18.150.025(A) constitutes an applicable standard for the impact of the subdivision on trees. If preservation of the tree is possible, it should be preserved to comply with CDC 18.150.025(A). 5. The hearings officer finds that there is not sufficient evidence in the record to determine whether the design of Jaki Lane and abutting lot can be modified to preserve the tree. Although there are constraints that may make preservation of the tree impossible or impracticable, the hearings officer cannot find that those constraints do so in fact in this case. It appears to the hearings officer that shortening Jaki Lane may be enough to preserve the tree, if the size of lots 5 and 6 can be adjusted accordingly. In any event further analysis is warranted to comply with CDC 18.150.025(A). 1 CDC 18.150.030(B)also provides that a tree removal permit shall not be required for removal of a tree that obstructs visual clearance(CDC 18.102).is hazardous(CDC 18.150.020(A)(3)),or is a nuisance affecting public safety(CDC 7.40). There is not sufficient evidence in the record to determine whether the tree would"fall" under any of the listed exceptions. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 3 6. The hearings officer finds the applicant should be required to make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the tree in question, taking advantage of those incentives available through CDC 18.150.045. If preservation of the tree is practicable, i.e., possible considering practical limits on function and design, the tree should be preserved. If it is not practicable, the tree should be removed. 7. If the applicant demonstrates that the tree will be a hazard or nuisance as defined by the CDC,e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance, then the applicant should not be required to undertake the analysis described above. D. The applicant argued that condition of approval 24 should be deleted,because new evidence shows the site does not contain a wetland or waterbody. The hearings officer agrees. E. The applicant requested that condition of approval 4 be modified to allow the applicant to use a reverse curve to align the centerline of Sable Lane at the west edge of Hawk Meadows with the centerline of that street at the east edge of Evergreen Springs. 1. The hearings officer finds such an amendment is unnecessary. Condition of approval 4 requires the applicant to "coordinate with the developer of Evergreen Springs subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site..." Those are the operable words of the condition. 2. Although the condition goes on to describe what it appears the applicant must do to achieve such coordination, that description is what would be called "dicta" in a legal context. It is relevant to the issue, but not determinative. Nothing in condition of approval 4 precludes the applicant from using a reverse curve to achieve centerline coordination. The hearings officer encourages the city engineer to consider any design for the street that achieves centerline coordination in a manner consistent with city standards or variations thereto permitted by and approved consistent with the CDC. IV. CONCLUSION The hearings officer concludes that the application complies with the relevant standards and criteria of the Tigard Community Development Code (CDC)or with standards and criteria for permitted adjustments and modifications to the CDC (e.g.,regarding creation of pathways as mitigation for oversized block length) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore the application should be approved subject to such conditions. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 97-0001 (Hawk Meadows)subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 5.E is hereby amended to read as follows: E. five (5)-foot concrete sidewalk on the west side; B. Condition of approval 24 is hereby deleted. Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 4 C. Condition of approval 26 is hereby amended to read as follows: 26. The applicant shall make a diligent good faith effort to redesign Jaki Lane and abutting lots to preserve the 56-inch caliper tree near the proposed turn-around for that street, taking advantage of those incentives available through CDC 18.150.045. If the planning director finds that preservation of the tree is practicable, i.e.,possible considering practical limits on function and design, the tree shall be preserved. If the planning director finds that preservation is not practicable, the tree may be removed. Provided, if the planning director finds the applicant has introduced new evidence that the tree will be a hazard or nuisance as defined by the CDC, e.g., if a qualified arborist finds the tree is damaged or diseased beyond remedy or if an engineer finds it would obstruct required sight distance for any practicable street and lot design, then the applicant is not required to make a diligent good faith effort to preserve the tree. D. Condition of approval 27 is hereby deleted. PA /� this 6th dam ay, 1997 Larry E• tein, City of •lard .ngs Officer Hearings Officer Final Order SUB 97-0001 (Hawk Meadows) Page 5 Agenda Item: 2.2 Hearing Date: April 14.1997 7:00 PM STAFF REPORT TO THE A,. HEARING'S OFFICER CITY Of TIGARD FOR THE CITY OF TIGARD, OREGON e"'"'"sl''�""n�P"'` S'�p. .AQr�,l.ar.wunii, SECTION I: APPLICATION SUMMARY CASES: FILE NAME: HAWK MEADOWS SUBDIVISION Subdivision SUB 97-0001 PROPOSAL: The applicant has requested subdivision approval to divide four (4) parcels totaling 2.52 acres into eleven (11) lots ranging in size from 7,560 to 13,704 square feet. APPLICANT: Riverwood Development L.L.C. OWNER: Mr. and Mrs. Lynn Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1-5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; (R-4.5). LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 03700, 03800, 03900 and 04300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 1 CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT. 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. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements.) Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 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. Prior to approval of the construction drawings, the applicant shall coordinate with the developer of the Evergreen Springs Subdivision with regard to the centerline alignment of SW Sable Lane at the western boundary of this site. It appears that the centerline of the roadway on the Evergreen Subdivision site will need to be shifted ten (10) feet to the south so that the centerline is offset ten (10) feet from the north boundary of this site (Hawk Meadows Subdivision). 5. The applicant shall construct a 3/4-street improvement along the frontage of SW 114th Avenue. The street, when fully improved, will have a pavement width of 32 feet. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 16 feet, plus an additional eight (8) feet of pavement on the west side of centerline to ensure safe, two-way traffic will be accommodated; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 2 C. curb; D. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; E. five (5)-foot concrete sidewalk on the east side; F. street striping, if necessary G. streetlights as determined by the City Engineer; H. underground utilities (NOTE: the applicant may be eligible to pay a fee in-lieu of undergrounding existing overhead utilities); I. street signs; J. driveway aprons; and K. adjustments in vertical and/or horizontal alignment to construct SW 114th Avenue safely, as approved by the Engineering Department. 6. The applicant shall construct a 3/4-width improvement of the new street to be called SW Sable Lane. The street, when fully improved, will have a pavement width of 28 feet. The improvements to be built as a part of this project shall include: A. City standard pavement section from curb to centerline equal to 14 feet, plus an additional ten (10) feet of pavement on the north side of centerline to ensure safe, two-way traffic will be accommodated; B. curb; C. storm drainage, including any off-site storm drainage necessary to convey subsurface runoff; D. five (5)-foot concrete sidewalk on the south side; E. street striping, if necessary; F. streetlights; G. underground utilities; H. street signs; and I. driveway aprons. 7. 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 subdivision, with the exception of SW Sable Lane, which will not be constructed to full width. Improvements shall be designed and constructed to local street standards. 8. A profile of SW 114th Avenue shall be required, extending 300 feet south of the subject site and north to SW Gaarde Street, and shall show the existing grade and proposed future grade. 9. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street (SW Jaki Lane) will be jointly owned and maintained by the private property owners who will be served by it. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 3 10. 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. 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. The applicant shall submit a copy of the CC&R's to the Engineering Department prior to approval of the final plat. 11. 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. Fire hydrant locations shall also be approved by the Water Department. 12. 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. 13. The applicant shall provide sanitary sewer service to the adjacent undeveloped properties. Unless the proposed sanitary sewer line in SW Sable Lane has already been extended as a part of development to the west, the applicant shall extend the sewer line to the western boundary of this site as a part of this development. 14. Prior to construction approval, the applicant shall obtain any necessary off-site public sanitary sewer easement from the parcel(s) to the north for extension of the existing public sanitary sewer line. The easement shall be reviewed and approved by the City prior to recording. 15. Prior to construction approval, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes ten (10) percent or less of the total tributary drainage volume, but in no event, less than 1/4 mile. 16. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25-year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on-site detention facility. 17. If the projected increase in surface water runoff that will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream stormwater system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on-site detention facility. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 4 18. The applicant shall provide storm sewer service to adjacent unserved/undeveloped parcels. 19. Prior to approval of the final plat, the applicant shall pay the fee in-lieu of constructing an on-site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet (sf) of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: 1. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and 2. the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for the fee under "1." above to be calculated. 20. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 21. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 22. 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. 23. The applicant shall either place the existing overhead utility lines along SW 114th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. 24. A wetlands determination, and if necessary, delineation shall be provided for the property in order to address Unified Sewerage Agency (USA) concerns over the perennial stream through the site. This study shall be prepared by a wetlands biologist. STAFF CONTACT: Mark Roberts, Planning Division. 25. The face of plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. STAFF CONTACT: Mark Roberts, Planning Division. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 5 26. It is recommended that the street length of SW Jaki Lane be shortened to preserve the tree. Alternatively the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. STAFF CONTACT: Mark Roberts, Planning Division. 27. A pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. STAFF CONTACT: Mark Roberts, Planning Division. 28. The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 29. A bond or other method of assurance shall be provided prior to approval of the subdivision plat in order to insure planting of the required street trees. Prior to release of the bond, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 30. An existing detached, single-family residence is located between the Lot Line of Lots 8 and 9 on proposed private street SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed or relocated prior to recording the plat. The existing shed on Lot 1 and carport in the proposed SW Sable Lane right-of-way must also be removed or relocated. STAFF CONTACT: Mark Roberts, Planning Division. 31. The applicant shall record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be determined to be a hazardous tree by a Certified Arboculturist. STAFF CONTACT: Mark Roberts, Planning Division. 32. The applicant shall also construct the recommended tree protection measures for trees that are to be preserved. The tree protection measures shall be completed per the recommendations of a Certified Arborist. Upon installation of the tree protection measures an arborist report on these measures shall be provided to the City. STAFF CONTACT: Mark Roberts, Planning Division. 33. The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval. The plan shall be revised to address the comments listed under SECTION VI: AGENCY COMMENTS within this staff report. CONTACT: Gene Birchill, Tualatin Valley Fire District. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 6 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 34. The applicant shall provide the Engineering Department with one (1) recorded mylar copy of the subdivision/partition plat. 35. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially 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 (1) 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. 36. Utility plans shall be revised in accordance with the recommended changes detailed in "SECTION V: OTHER STAFF COMMENTS" of this staff report. STAFF CONTACT: Mike Miller, Water Department. IN 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: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 2. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. an irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 7 B. a surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or C. cash. 2. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. 3. 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: 1. Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. 2. Upon final recording with the County, the applicant shall submit to the City one (1) mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentation 1. 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. 2. The following centerline monuments shall be set: a. all centerline-centerline intersection points; b. all cul-de-sac center points; and c. curve points, beginning and ending points (PC's and PT's). 3. All centerline monuments shall be set during the first lift of pavement. B. Monument Boxes Required 1. Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 8 2. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street& Utility Improvement Standards: 1. 18.164.120 Utilities A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface- mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one (1) year following acceptance by the City. B. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. C. The cash or bond shall comply with the terms and conditions of the Community Development Code Section 18.160.180. 3. 18.164.150 Installation: Prerequisite/Permit Fee A. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 4. 18.164,180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164,200 Engineer's Certification Required A. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements, or any portion thereof, for operation and maintenance. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 9 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION ITh BACKGROUND INFORMATION Site History: The property is presently developed with two (2) detached, single-family residences, a shed and a carport. The majority of the property is presently vacant. Several trees are also scattered throughout the site. The City Council recommended annexation of all four (4) lots on September 24, 1996 through Zone Change Annexation (ZCA) 96-0001. The Boundary Commission approved the annexation of these properties on November 14, 1996 through Boundary Commission Action 3658. No other development applications have been filed for the property since that action. Vicinity Information: To the west the property is adjoined by a detached, single-family residence and areas presently utilized as a Christmas Tree Lot. This area is presently proposed for development under the pending Evergreen Springs Subdivision plat. To the south, the property abuts detached, single-family residences within the Coles Acres Subdivision. To the north, the property adjoins two (2) detached, single-family residences that have frontage on SW Gaarde Street. To the north of SW Gaarde Street is a cemetery. To the east, the property is adjacent to detached, single-family residences and a vacant lot within the Coles Acres Subdivision. Site Information and Proposal Description: The site slopes towards the north and east a total of 30 feet, over a distance of 445 feet. The property is presently developed with two (2) detached, single-family residences; a shed; and a carport structure. Several trees are also scattered throughout the site. The proposal is to subdivide four (4) adjoining properties, with a total of 2.52 acres, into eleven (11) lots to develop ten (10) new detached, single-family residences. A portion of a public street is to be developed is to serve Lots 1-4. This street is proposed to be named SW Sable Lane and would be an extension of the street to be developed by the adjoining Evergreen Springs Subdivision. A private street is proposed to be developed from SW 114th Avenue to serve Lots 5-11. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right-of-way dedication, or provide evidence that STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 10 supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right-of-way to the public and waive the impact study analysis by dedicating the right-of-way and completion of a waiver statement. An impact study waiver was provided. The applicant proposes to develop under existing required system development fees and construct a partial street improvement for proposed Local Street, SW Sable Lane, to serve a portion of the proposed subdivision. The applicant also proposes to construct a private street, SW Jaki Lane, to serve seven (7) of the lots. Any required street improvements to certain collector or higher volume streets a project has frontage or impacts and the Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32% of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $169.00 The total TIF for a detached, single-family dwelling is $1,690.00. Because the project has frontage or proposes to develop Local Streets, no TIF Credits are applicable in conjunction with the development of this project. The applicant intends to develop ten (10) new detached, single-family residences on the eleven (11) new lots and maintain the existing home on one (1) lot. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $16,900 ($1,690 x 10 dwelling units). Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $52,280 ($5,280 x 10 dwelling units). For this reason development of the the property under the required Conditions of Approval will have an unmitigated traffic impact of$35,380. For this reason, the cost of all required and potential future street improvements (as discussed within this staff report) are less than the impact and, therefore, roughly proportional to the impact of the development. Use Classification: Section 18.42 sets forth use definitions for use classifications. The applicant is proposing to create building sites for detached single family residences. This use is classified in Section 18.42 as single-family, detached residential. Section 18.42 lists detached, single-family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop ten (10) new detached, single-family residences that are one of the permitted uses within the R-4.5 Zoning District. Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width requirement of 50 feet is required in the R-4.5 Zoning District. Each of the eleven (11) proposed lots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each lot also exceeds the 50-foot average width requirement. Proposed Lot 3 has the narrowest width with an average of 70 feet. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 11 • Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District Section 18.144 sets forth standards for the permitted size, height and setbacks for detached accessory structures. Single-family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 Feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Detached Accessory Structure (Side, Rear Setback) 5 Feet The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single-family residences, as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. An existing detached, single-family residence is located between the Lot Line of Lots 8 and 9, on proposed private street, SW Jaki Lane. Due to its location, the residence cannot comply with the front yard setback standards and must be removed, or relocated, prior to recording the plat. The existing shed on Lot 1, and carport in the proposed SW Sable Lane right-of-way, must also be removed or relocated. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development A subdivision complies with the design standards where 80% or more of the newly created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on-site or off-site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot To comply with the Basic Standard, a minimum of nine (9) of the eleven (11) lots (or 80%), are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, -all eleven (11) lots STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 12 comply with the Basic Standard because they provide a minimum north-south dimension of 90 feet or more. Solar Balance Point: Section 18.88.050(B) requires that one and two family residences that are developed on lots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards will apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southern building elevation will have access to passive solar energy for heating and cooling purposes. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations concerning the allowed density for this site. The total gross site area is 2.52 acres or 109,771 square feet. The applicants plat and narrative contradict each other in that, the narrative states that the site is 2.52 acres, and the plat states 2.45 acres. Upon review of the assessors' map for the site, the 2.52 acre figure appears to be accurate. Assuming the site contains 2.52 acres, the following density calculations apply to this site: The applicant has proposed to use a mixture of public and private streets to serve the development. The actual square footage of these streets has been deducted from the gross site area. A total square footage of 9,540 square feet is deducted for areas dedicated to the public for right-of-way of SW Sable Lane. A total of 6,434 square feet has been deducted from the site for private street SW Jaki Lane. A total of 15,974 square feet has been deducted from the site for both streets. The minimum lot size of the zoning district (7,500 square feet) is also deducted for the one (1) existing home that is to remain. This leaves a net buildable area of 86,297 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eleven (11) dwelling units. The applicant has proposed to develop a total of ten (10) new dwelling units and maintain the one (1) existing dwelling. The eleven (11) total dwellings are allowed based on the density standards of this section. It should be noted that if a wetlands report finds that a stream corridor or other wetlands exists through the site a portion of the area that has been included as net density will be deleted as a sensitive land area and the subdivision will require substantial redesign and/or a new land use submittal will likely need to be made. If the site is determined to contain wetlands a substantial impact to allowable project density will likely may occur. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 13 The applicant must also comply with the standards set forth in Section 18.100.035 that requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. 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 feet apart; The applicant submittal included a street tree planting plan. The proposed "Autumn Gold Maidenhair" trees are considered large trees based on their size at maturity. Based on the planting plan that was provided, the trees comply with the spacing standards. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: 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 temporary or permanent obstruction exceeding three feet in height The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Through the Building Permit Plan Check, setbacks of the structures will be reviewed. It is expected that future site improvements that are developed on the property can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development Section 18.108.070 (A) allows private streets to be developed to serve up to six dwelling units. As proposed, seven (7) lots would utilize SW Jaki Lane (a private street), for access. The face of the plat shall include an access restriction so that Lot 5 or Lot 11 will take direct access from Local Street, SW 114th Avenue, rather than SW Jaki Lane. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has provided an aerial- photo that identifies all existing STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 14 • trees greater than 12 inches in diameter in relationship to the proposed subdivision improvements. The site has 16 trees that are in excess of 12 inches in diameter. The proposed site plan identifies 12 of those trees that will be saved. Due to the limited areas available for development, it is recommended that the applicant be permitted to remove the 36-inch tree within the building pad of Lot 3. The 15-inch Fir tree in the northwest corner of the property would be located within the SW Sable Lane right-of-way and also should be removed. The applicant is also proposing to remove the 56-inch caliper Cedar tree near the front of the existing residence that is to be incorporated into Lot 7. It is recommended that the street length of SW Jaki Lane be shortened to preserve the tree. It is expected that shortening the street will reduce the lot size below the 7,500 minimum lot size of the R-4.5 Zoning District. However, Section 18.150.045.A.2 allows lot averaging in order to preserve trees, provided that the lot size is not reduced below 80% of the minimum lot size of the zoning district or 6,000 square feet. Alternatively, the applicant can provide an arborist report for the tree that describes why the existing health condition, or other factors, necessitate the removal of the tree. Since the applicant is retaining more than 75 percent of the existing trees, Section 18.150.070.D does not require tree mitigation for the trees to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct the recommended tree protection measures for these trees. 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 criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. Streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Hawk Meadows plat name is not known to duplicate other plats, as required by Criterion 2. The proposal addresses Criterion 3 because street improvements for a new Local and a private street are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is not applicable. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 15 Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. The applicant has been required to complete street improvements such as curb, gutter, and sidewalk along the property frontage on SW 114th Avenue and within the development through the recommended Conditions of Approval in this staff report. Minimum Rights-of-Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right-of-way and street widths. The right-of-way width range provided for this purpose is 36 to 50 feet. The street width range is 24 to 34 feet of width. Private street are required to provide a minimum of 25 feet of right-of-way width and a 20 foot paved section. The applicant has proposed to build a portion of SW Sable Lane as a Local Street with a 3/4 street section of 30 feet. A review of the expected number of average daily trips was provided with the Evergreen Springs Subdivision. Based on the 370 estimated trips, the street design (as proposed) is consistent with the Local Street classification. The applicant has proposed the use of a private street to serve the existing residence and six (6) of the new lots. This street, as proposed, has a total right-of-way of 26 feet with a paved section of 24 feet. The proposed private street section complies with the minimum width standards allowed for a private street. 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 states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. Street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. Because this site is a smaller infill property with no direct frontage on nearby Collector Street, SW Gaarde, the extension of a street in a northerly direction is not possible. The extension of a street across the site in an east-west direction has been proposed as SW Sable Lane. The extension of SW Sable Lane to SW 114th Avenue is expected through future development to the east (Evergreen Springs). The extension of a street to the south is precluded because of existing homes. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. Provision of a street extension to the west to be developed as SW Sable Lane east has been provided. An STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 16 A actual connection would be provided by the future developer of the Evergreen Springs other development application to the west. Curbs. Curb Cuts. Ramps. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed, and approved, by the Engineering Department for the applicant's frontage within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. 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. The proposed development of SW Sable Lane provides for a future extension of the street to SW 114th Avenue through the proposed Hawk Meadows Subdivision that is also being heard at the same Planning Commission Public Hearing date of April 14, 1997. An extension of a second Public Street in the alignment of proposed private street, SW Chestnut Lane, appears unfeasible based on the development pattern to the east of the property. Three (3) existing homes are located within this area. Each of these homes are provided with access to SW 114th Avenue through a flag lot access configuration. 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 except: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non-residential blocks in which internal public circulation provides equivalent access. This site is a portion of a residential block. Through this development, the applicant proposes to develop a Local Street, SW Sable Lane, parallel with SW Gaarde Street. This street would be extended by the proposed Evergreen Springs Subdivision. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 17 During the review of both the Evergreen Springs and Hawk Meadows Subdivisions, it did not appear possible to extend a second new street between SW 114th Avenue and SW 117th Avenue given the three (3) existing residences to the south of the Hawk Meadows Subdivision; and the two (2) existing residences both within, and encircled by, the Evergreen Springs Subdivision. For these reasons, it is not recommended that a second street connection be made between the Hawk Meadows and Evergreen Springs Subdivisions in the area proposed to be developed with private streets, SW Jaki Lane, and SW Chestnut Lane. Block Lengths: Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian and/or bikeways shall be provided through the block. Proposed street, SW Sable Lane, will provide for the future extension of a sidewalk and street to the east to SW 114th Avenue. Southwest Sable Lane can also be continued west through the extension of SW Sable Lane west to SW 117th Avenue. To the north, the Hawk Meadows Subdivision does not have direct frontage on SW Gaarde Street. A mid-block pedestrian connection has been proposed to SW Gaarde Street from SW Sable Lane as a part of the Evergreen Springs Subdivision. Because the private street in the Evergreen Springs Subdivision, SW Chestnut Lane, and SW Jaki Lane are not proposed to connect, it is recommended that a pedestrian pathway be provided on the final plat. A pedestrian pathway system shall be provided from the end of SW Jaki Lane, between Lots 7 and 8 to the west to an alignment to connect with the proposed utility and access easements "Tracts B and C" that have been set aside in the Evergreen Springs Subdivision. This will provide a complete pedestrian system thoughout both projects. This will necesitate constructing a paved pathway. This pathway shall at a minimum be designed to comply with City's Engineering Design Standards Manual. Section 18.164.040(A) Block Design also provides that existing development constraints may be considered when designing a block. Because three (3) existing residences within the Coles Acres Subdivision exist to the south, it does not appear feasible to extend a pedestrian accessway to the south. Pedestrian sidewalk facilities will be provided along the SW 114th Avenue frontage of the project. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width. An exception to this rule is where the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The subdivision, as designed, complies with this standard. None of the eleven (11) proposed lots exceed the lot depth-to-width standard. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for each of the eleven (11) lots because they have frontage in excess of the 25-foot minimum requirement. Lot 8 has the least lot frontage with 26 feet on proposed private street, SW Jaki Lane. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development and along the SW 114th Avenue frontage, in compliance with this standard. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 18 Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line that runs parallel to SW Gaarde Street. This line has sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Extension of sewer is contingent upon factors discussed within the Engineering Department's review of this proposal. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Existing storm drainage facilities are in place to serve this site. The applicant proposes to direct storm water from this subdivision to a line that is to be extended that parallels SW Gaarde Street. This line would also be partially within the street extension of SW Sable Lane. The applicant will be required to demonstrate that down stream facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Sections' 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. Water Quality Treatment, Erosion Control and Water Service issues have also been reviewed below: STREETS: This site is adjacent to SW 114th Avenue which is classified as a local residential street. This site also lies just east of Tax Lots 200 and 300, which are the site of a proposed subdivision currently under review, to be called "Evergreen Springs Subdivision." The Evergreen Springs Subdivision project proposes a new east/west local street to be called SW Sable Lane, which will cross this site and link up to SW 114th Avenue. The applicant for the subject site has shown this new street on the proposed subdivision plan. Southwest 114th Avenue This street is currently a semi-paved roadway, but is not improved to city standards. The existing right-of-way (ROW) will meet the City's local street standard (50 feet). No additional ROW dedications are required. The paved width is approximately 17 feet wide. In order for the street to accommodate the additional traffic that will be generated by this development, the applicant should construct improvements adjacent to the site frontage. The applicant has shown on their plan that they intend to construct a 3/4-width improvement along the site frontage as a part of this project. This improvement will provide a total of 24 feet of pavement width when completed, which should safely accommodate two-way traffic, including parking adjacent to the new curb on the west side of the roadway. Any necessary pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be provided beyond the site frontage. Southwest Sable Lane As mentioned above, this will be a new local residential street. The applicant proposes that SW Sable Lane be built to a narrow street standard (28 feet of pavement overall). The Tigard Community Development Code Section 18.164.030(E), Figure 23, indicates STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 19 that a local street with under 500 average daily trips (ADT) could be reduced in width to 28 feet. The Institute of Transportation Engineers (ITE) estimates that each single-family lot will generate an average of ten (10) trips per day. Therefore, 50 lots could be served from a 28-foot-wide street. The Evergreen Springs project will contain a total of 18 lots that may use SW Sable Lane. The Hawk Meadows Subdivision project, however, will only have four (4) lots abutting this street. The remainder of the eleven (11) lots will be served by the proposed private street. There are also approximately ten (10) existing homes that abut a strip of land that will become SW 117th Avenue, which could feasibly utilize SW Sable Lane, once constructed. Therefore, it appears that a total of 32 lots would use SW Sable Lane. This number of lots falls well within the limits of the narrow street criteria. In reviewing both the Evergreen Springs and the Hawk Meadows Subdivision applications, it appears there is a discrepancy in the centerline alignment where the street crosses the joint property line between the two (2) projects. The Hawk Meadows application indicates that the centerline of the street will be offset ten (10) feet south of the north boundary of this site. However, the Evergreen Springs plan shows the centerline of the street aligning directly with the Hawk Meadows north property boundary. The consulting engineer for both projects is the same, so Staff believes this discrepancy can easily be resolved. The applicants for both projects will need to coordinate with regard to the alignment of the street prior to construction approval. Proposed Private Street The plan proposes that five (5) or six (6) of the southern lots within this project will be served from a private street to be called "SW Jaki Lane." The Tigard Community Development Code Section 18.164.030(S) limits the number of lots to be served from a private street to a total of six (6). The applicant could easily provide access to both lots 5 and 11 from SW 114th Avenue (since it is a local street) which would result in only five (5) lots being accessed from the private street. Section 18.164.030(S) also indicates that the applicant shall ensure the continued maintenance of private streets by establishing a homeowners' association. It is recommended that the applicant place a statement on the face of the final plat indicating the private street will be owned and maintained by the properties that will be served by it. In addition, the applicant should record Conditions, Covenants, and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street. These CC&R's shall be reviewed and approved by the City Engineering Department prior to approval of the final plat. WATER: This site lies within the Tigard Water Department's service area. There is an existing public water line in SW 114th Avenue. The applicant's plan indicates that a new eight (8)-inch water line will be extended with the SW Sable Lane improvements and will complete a looped connection with the water line in SW 114th Avenue. In addition, a new four (4)-inch water line will be extended into the private street to serve those lots. Final water plan design shall be reviewed, and approved, by both the Engineering and Water Departments. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 20 SANITARY SEWER: This site can be served from an existing eight (8)-inch public sanitary sewer line that lies just north of this site. The existing line presently terminates near the midpoint of the north property line of this site. The plan indicates the sewer line will be extended further west by "others." This note refers to the Evergreen Springs Subdivision project, which must extend the sewer line in order to serve that project. However, the note assumes the Evergreen Springs project will be approved and constructed before the Hawk Meadows project. Neither assumption can be verified at this point. City sewer extension regulations require each development to extend sanitary and storm sewer lines to the boundaries of the development so that service can be provided to adjacent undeveloped or unserved properties. If the Evergreen Springs project has not been constructed before the Hawk Meadows project is permitted, the developer of the Hawk Meadows project shall extend the sewer line to western boundary. In order to accomplish this, the applicant will need to obtain off-site sanitary sewer easements from two parcels directly north of the site (Tax Lots 4100 and 4200). These easements must be obtained and approved by the City prior to approval of the construction drawings. STORM DRAINAGE: This site contains an existing drainageway that is a continuation of the drainageway spoken to in the Evergreen Springs report. The existing flows collect in a ditch toward the northern end of the site. This ditch carries water eastward to SW 114th Avenue, where it is collected in a culvert, carried across the roadway and sent further east in a ditch system. The applicant will be required to provide a drainage basin study to determine what upstream properties can be served from the proposed public storm sewer system and how large the piped system should be in order to accommodate the upstream properties when fully developed. In addition, the City is concerned about the potential impact to the downstream storm system from the additional storm water that will be generated from development of this site. The applicant will need to provide a downstream analysis to determine if the downstream system will have enough capacity to accommodate the additional storm water from this site. If a capacity problem is encountered, the applicant will either need to upsize the downstream system, or provide on-site detention. The method of the downstream analysis must be in accordance with the Unified Sewerage Agency design and construction standards. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R&O 91-75) which require the construction of on-site water quality facilities. However, the regulations also provide exceptions to the construction requirement in cases where topography of the site is difficult, size of the site is small or if there is a more appropriate regional facility nearby. In either of these three cases, the City may allow a fee in-lieu of constructing a facility to be paid. The applicant is requesting the fee in-lieu option based on the relatively small size of this site and development. The applicant states that they would lose approximately 10% of the developable area of the site, if a facility were required (loss of one lot). The City has, in-similar circumstances, allowed the STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 21 payment of the fee in lieu, and concurs with the applicant that the requirement for a facility on this site is impractical. Therefore, Staff recommends the applicant pay the fee in-lieu. This fee will need to be calculated and paid prior to approval of the final plat and is based on the area of new impervious surfaces (streets, sidewalk) and the number of new lots. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines on SW 114th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: It appears Lot 6 may have need of a storm easement through Lot 5 to the street due to the adverse grade for drainage. Other affected departments haN.9 reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS The Tualatin Valley Fire District reviewed this proposal and stated that the plan was not approved, and that plans shall be submitted to the Fire Marshall's Office for review and approval that address the following comments: 1. The inside turning radius and outside turning radius shall not be less than 25 feet and 45 feet respectively, as measured from the same center point. Please note the proposed design of the turn around (UFC Sec. 902.2.2.3). 2. Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway, and in turnarounds as needed (UFC Sec. 902.2.4). Signs shall read "NO STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 22 PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810", and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters, and border on a white background (UFC Sec. 901.4.5.(I)(2) & (3)). 3. The minimum available fire flow for single-family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1 (UFC Appendix III-A, Sec. 5). 4. Approved fire apparatus access roadways and fire fighting water supplies shall be installed, and operational, prior to any other construction on the site or subdivision (UFC Sec. 8704). The Unified Sewerage Agency (USA) reviewed this proposal and provided the following comments: SANITARY SEWER: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R&O 96-44 (Unified Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to up-hill adjacent properties or extend service as required by R&O 96-44. STORM SEWER: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up-hill adjacent properties, or extend storm service as required by R&O 96-44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have capacity to convey the volume during a 25-year, 24-hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. SENSITIVE AREA: A "Sensitive Area" may exist. Developer must preserve a 25-foot corridor as described in R&O 96-44, separating the sensitive area from the impact of development. NOTE: THE APPLICANT INDICATES THAT NO WETLANDS, PONDS, OR STREAMS EXIST ON THIS PROPERTY. UPON FURTHER DISCUSSION WITH USA, A CONDITION OF APPROVAL IS RECOMMENDED TO ADDRESS THE CONCERN THAT A STREAM CORRIDOR WETLAND MAY EXIST DUE TO A PERENNIAL STREAM DESIGNATION ON A USA MAP. STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 23 Other affected agencies have reviewed this application and have offered no further comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. 7/441 aCci, April 2, 1997 PREPARED BY: Mark Roberts DATE Associate Planner, AICP / -L� ' �'` AA/ April 2. 1997 APPROVED BY: Richard Bewersdorff ( DATE Planning Manager I:IC U R P L N\S U B97-01.DOC STAFF REPORT SUB 97-0001 - HAWK MEADOWS SUBDIVISION PAGE 24 I l,/ r ......................ro ...__...... .._..._..._..i 115' ---- 89' --. ..I II rn .0 n V I ' i ---- ..._.. .. _-i I Stilt co I ca' I I 98' I =124—; EXISTING ' .- I I 1 CO ___l __ ------.. _:......__..`..; F ` ` HOUSE • "- - � I _ ..sue _ t 1 LI c�i, to N Ql-1:__- of,. N chi tn ��. •D ' d¢. 52' i b ,-1 1g ( . Z __�D3'---,—1 Ir"_J I _...._ 1 ,1 1 y . . 4 331• I , . mla 1 lj 4 i F4 - -- ---�-- �'�T ▪ I �Jl L ------ _J • I I � I ' 1 � I I .4I _i I I v CO >I : • I I I I I'O I I I cn C -I� _ __. _. I 1 I l.._- . --_ al mc ni ra p � • - .d'+L. �t 70' z ••r.w:� ...aY is . . 2 •�1• -.-,1-1.-..LA 1••..19.7 .:.j.*•-� ,' 1 0 O o _ _ _ _ _ ( �`, N cn SW 114TH AVE v ' < o a 0 z CITY OF TIGARD PLANNING DEPT. .4, 7 / v 0 = � ��, xl ST AIL /li Il 4 11. i - . pa's i -vl • i i ' i � a ... �L I 4 llii - ill r - "� i` I ITN i ---> ten c . • ...... : 1 1 1\ '1*- ' t, I i 1 I c co -L I i [I EIT. ?4i11111 lw‘fili , , tatir4v4-1 I 1 m cm \ 1-1 AA a I WA I /1"P --1 BULL MCiala) _ i n„_______TH 1 1 tr P` U r7-rraci--- It:7 , . Vicinity Map SUB 97.0007 __ "', �F ` Hawk Meadows Subdivision EXHIBIT 13 LINDA QUANDT NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER 14465 SW 115TH AVENUE SUB 96-0009 TIGARD OR 97224 EVERGREEN SPRINGS SUBDIVISION h:\patty\dots\sub96-09.Ibs TONY WELLER CONSULTING ENGINEERING SERVICES 15256 NW GREENBRIER PARKWAY BEAVERTON OR 97006 BRAD FUDGE 14235 SW 115TH AVENUE TIGARD OR 97224 KITTY C. HUGGINS-FUDGE c/o BRAD FUDGE 14235 SW 115TH AVENUE TIGARD OR 97224 EILEEN OBERMILLER CONSULTING ENGINEERING SERVICES 15256 NW GREENBRIER PARKWAY BEAVERTON OR 97006 NICK STEARNS 4035 DOUGLAS WAY LAKE OSWEGO OR 97035 ELDON HODAPP 11460 SW GAARDE STREET TIGARD OR 97224 • AFFIDAVIT OF MAILING A. 411 CITY OF TIOARD Comm unity'Development Shaping_A Better Community STA'Irt, OE OREGON ) County of'Washington )ss. City of Tigard ) I, Patricia L Lansford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for The City of Tigard, Oregon. c That I served NOTICE OF (AMENDED u) PUBLIC HEARING FOR: ��. I (Man Ns Mom IwMc.r.) Ditwpu UcIndio eua (check eppnptlate bee below} E City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission C Tigard City Council ❑ That I served NOTICE OF (AMENDED ❑) DECISION FOR: (OW W Maw IM•eYN} City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: 03..e..w Ira 11 AMnY S} {check eppropttete box below} ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission O Tigard City Council ❑ That I served OTHER NOTICE OF FOR: 1 A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked Exhibit "A", w .s mailed to each a ed •-rson(s) at the address(s) shown on the attached list(s), marled Exhibit"B" .j the • • d-y of if- 1991, and deposited in the United States Mail on the , -- day of 1�, t : 199_, postage prepaid. .�� • Wired Notice — �� A NI . Subscribed and sworn/affirmed before me on the 61 day of ..-_.r. , 19a? • f•��,, OFFICIAL SEAL /ii ( u r=t.�� DIANE M JELDERKS J I - ®:' NOTARY PUBLIC-OREGON NOTARY PUBLIC OF OR I N // .;,,, COMMISSION NO 046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expi 2 . FILE INFO: t ' =musk 97--Ovi mu Man C;'T!(e.thCin&If 3- Ski ' Ai, 4p EXHIBIT A CITY OF TIGARD Community(Development Sfaping_4 Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, APRIL 14, 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD. OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: SUBDIVISION (SUB) 97-0001 FILE TITLE: HAWK MEADOWS SUBDIVISION APPLICANT: Riverwood Development L.L.C. OWNER: Lynn and Sharon Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 REQUEST Y A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. APPLICABLE REVIEW CRITERIA: Community Development Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. ZONE: R-4.5; Residential, 4.5 units per acre. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTA-ION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS IF A PERSON SUBMITS EVIDENCE I SUPPORT TO THE APPLICATION AF1ER MARCH 24, 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT TH'E HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25r) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ________-- d_____. --, ___Tii\\e_.\ NI I / •. 1 m---;13:7■//PC-7 ; ! , -\-.4"*.-1-- k,--. , ,' i.-- •i r Hi1 H ._. 1i i i1 III , . , iiii i 1 i ilaii I �4 Subject 11:t r 1 PecelS— u t�I I � - I• i 1 1 1 \ I 1-4 ` 744mmm.. .:. ...„ ,• FT I , yr ____,.... ...5.\>:(....„_Th, ______ ,' Ei. — cd/ ' .___ ;------- : ' ' / p4) SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAUREOUEST FOR COMMENTS 5Uf a -000 r Rawl( n/U-aof ow `)uJ ( py • a f 2 ) 251 10AB-03600 2S103CD-03300 " ANDERSON,TIM C/BECKIE L ARCHDIOCESE OF PORTLAND 14245 SW 114TH AVE ST ANTHONYS CEMETERY TIGARD,OR 97224 2838 E BURNSIDE PORTLAND,OR 97214 2S110AB-00900 2S110AB-01300 BANKSTON.PAUL D&CHARLENE BENAGNI,JOHN M/CARLA A 14255SW112THST 14175SW112THST TIGARD,OR 97223 TIGARD,OR 97223 2S110AB-01800 2S110AB-03100 BLANK,ARDITH M AND KEVIN R BURNETTE,DAVID G&THERESA AN 14260-62-64 SW 114TH AVE 14305 SW 114TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S110AB-03500 2S110AB-01400 CAYTON,CHRISTOPHER L& FINLEY,CARL L/MARGARET E TRS FRANCOISE M 11260 SW GAARDE 14255 SW 114TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S103DC-01300 2S110AB-04300 GOECKS,MICHAEL RAY HATCH,LYNN A&SHARON K 11492 SW VIEWMOUNT LN 14135 SW 114TH TIGARD,OR 97223 TIGARD,OR 97223 10AB-03900 23110AB-03800 HA ,LYNN A&SHARON K HATCH,LYNN A&SHARON K 14135 S 114TH 14135 SW 114TH TIGARD,OR 7223 TIGARD,OR 97223 2S110AB-03700 2S110BA-00200 HA CH,LYNN A&SHARON K HIGGINS-FUDGE,KITTY CARLENA& 1413 W 114TH FUDGE,BRADLEY PETER,TRUSTEES TIGARD, 97223 14235 SW 115TH TIGARD,OR 97224 25110AB-04100 2S110AB-01900 HODAPP,ELDON J JUDITH L LEFFLER,RICHARD D 11460 SW GAARDE ST 14292 SW 114TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S110AB-03300 2S110AB-03200 MACK,JOSEPH P AND MARTIN,VERNE ELLEN KAY D 14285 SW 114TH AVE 14265 SW 114TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S 110AB-04500 2S1 10A B-04200 MORAN,DAVID K OREGON,STATE OF DEPT OF VETS 11320 SW GAARDE ST Go SHUEY,NEIL F&DONNA M TIGARD,OR 97223 157 NE SHANNON HILLSBORO,OR 97124 5118 4 -6 I 1K f}Do os 5 az. C P&. o f ) 2S110AB-01100 2S110BA-00100 PERO,CHRISTINE ELISE QUANDT,LINDA J 54215 SW 112TH AVE 14165 SW 115TH TIGARD,OR 97224 TIGARD,OR 97223 25103 DC-01500 2S 103 D C-01600 SCHROEDER,DONALD A&MARGO A SCHROEDER,DONALD A&MARGO A 19475 SE DEBORA DR 19475 SE DEBORA DR BORING,OR 97QQ9 BORING,OR 97009 SS 103 DC-01400 2S11 0A B-04400 SCHROEDER,DONALD A&MARGO A SCOTT,SHANNON& 19475 BE DEBORA DR SMITH,KELLY A BORING,OR -97009 11370 SW GAARDE ST TIGARD,OR 97224 2S110BA-03400 2S110AB-01700 6T-tAD0W HILLS SMITH,LEONARD E AND MARTY OWNERS OF LOTS 14220 SW 114TH . 00000 TIGARD,OR 97223 2S110AB-04000 2S103DC-01700 SNOOK,RICK Q AND PAULA D SOBERG,RONALD D&MARY M 11430 SW GAARDE ST 11333 SW GAARDE ST TIGARD,OR 97224 TIGARD,OR 97223 2S110BA-03500 2S110AB-01000 STOHR,PENN R AND STRATEGIC INVESTMENT SYLVIA LYNN DEVELOPMENT CORPORATION 11575 SW CLOUD COURT 20861 SW 103RD TIGARD,OR 97223 TUALATIN.OR 97062 2S110AB-01200 2S103DC-01000 SULLIVAN,ROBERT W&HELEN M TIGARD ASSEMBLY OF GOD 9079 SW WAVERLY DR 11385 SW FAIRHAVEN ST TIGARD,OR 97224 TIGARD,OR 97223 2S110AB-01600 2S110BA-03300 WAGNER,MICHAEL A&DONNA M WALSH,ROBERT E AND 14070 SW 114TH AVE SHARLA J TIGARD,OR 97224 11545 SW CLOUD CT TIGARD,OR 97223 RIVERWOOD DEVELOPMENT L.L.C. 4035 DOUGLAS WAY LAKE OSWEGO OR 97035 RVIEWL 'i i VIEWMOUNT I I ' I . . ..J 1 1 000 ISU C 01 UNT LNYSt®8C n o a affil EO a)IW r4,11.---, ......,.... 1 1 ,..,, - . ,iwom,DE ST _,___ 0 __: P ST 'at - ' OM r al mime .s... � YE11aa•alA a u11 `_' � id Cio•li z u, nnaa eat.. p■ OM 4.V 1 a .� 1S110A8-08400 tsiwillill ■ • r zsiao ' O A i \\ U ,, __ 1 II I 1 1 __ ,r Vicin SUB97-0( 1 ty A , Notification APPLICANT MATERIALS t Zf21, oo SUBDIVISION APPLICATION: 4 T r. ''(,;.0 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297 ( r CITY OF TIGARD PRE-APP. HELD WITH: k/t 13.11' le GENERAL INFORMATION DATE OF PRE APP.: Cf Property Address/Location(s): H 3 `j G l 1 1 L{T} FOR STAFF USE ONLY Tax Map &Tax Lot#(s): 2 GJ l0 Ale, Case No.(s): Other Case No.(s): L-o-i- �J-1OO, 3800 3100 El X300 Receipt No.: 9-7 as cl97� Site Size: 2 . 2 aG—c s Application Acce ted 8y: Date: 5\---5--17 Property Owner/Deed Holder(s)*: L-YN►� `JI+ARG0 1f4TGN Address: lei 135 Su/ l l`�-•T-L-� 1,,QE Phone: City: Tt(a A 2D Zip: °r7 2 Z H Date Determined To Be Complete: Applicant*: g-■veriA)coct DGve.Lop vy, e n '70,7 l/` Address: D 2Comp Plan/Zone Designation: 35 `Dn�A GL.kS�/p ' Phone / p Lou, j-e t1 / le-LS City: 1---A•1---A•14-G- Zip: 9* 7 O 3— *When the owner and the applicant are different people, the applicant CIT Area: L U S must be the purchaser of record or a lessee in possession with written Recording Date and Number: authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. Rev.8/31r96 i.\curpin\masters\subapp.doc PROPOSAL SUMMARY The owners of record of the subject property request Subdivision approval to divide a: REQUIRED SUBMITTAL ELEMENTS parcel into L lots between V Application Elements Submitted: 7500 and I ��O square feet in size. p' Application Form 9- Owner's Signature/Written Authorization ((Title Transfer Instrument or Deed (provide any additional information here) a Site/Plot Plan (81/2-x 11-) (#of copies based on pre-app check list) [Applicant's Statement (#of copies based on pre-app check list) Filing Fee (Preliminary Plat)....$2,125.00 (+510 Per Lot) (Final Plat) $ 295.00 twlest 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: { To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as I described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that_may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this day of .6-g 24, y , 1 9 q 7 :A. • J1 Owner's Signature Owner's Signature Owner', -ignature Owner's Signature 2 AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN(7) CALENDAR DAYS OF THE SIGN POSTING.RETURN,THIS AFFIDAVIT TO: • - City of Tigard.. ti Planning Division •• 13125 SW Hall Boulevard",<...: • • Tigard,OR 97223 I, 4CA-1 ) DFil A44)Pc_A < , do affirm that I am (represent) the party initiating interest in a proposed v-I ✓i S i 6"- affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) I `i ( � 7�� I I'� h � _ �'ir�,�� , and did on the 0 day of )rr‘iN A(k._■'' 191-7 personally post notice indicating that the site may be proposed for a I o.r i/Il 4 vt'S;oA application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at (Lf-1 3 C Su) i(`{ Avg -6-42,4)( , p L `t7ZzCf (state location you posted notice on property) Signature (In the p sence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the -Day of , 19_4— • fah• OFFICIAL SEAL c-ia-kjcsd., MARY L.PORTLOCK NOTARYPUBLIC-OREGON / � .� COMMISSION NO.042335 NOTARY r :: 1C OF OREGON MY COMMISSION EXPIRES MAR.14,1999 My Corn on Expires: (Applicant, please complete information below for proper placement with proposed project) N A E OF PROJECT OR PROPOSED NAME: !TYPE OF PROPOSED DEVELOPMENT: Name of Applicant/Owner: I Address or General Location of Subject Property: LSubject Property Tax Map(s) and Lot#(s): j n:%logvitpaaytrrasterV ar!vosc.r.st r DEVELOPMENT APPLICATION HAWK MEADOW SUBDIVISION CITY OF TIGARD WASHINGTON COUNTY, OREGON APPLICANT: John M. Godsey Consulting Engineering Services 15256 NW Greenbrier Parkway Beaverton, Oregon 97006 690-6600 PROPERTY OWNERS: Riverwood Development, LLC Alan DeHarpport & Nick Stearns 4035 Douglas Way Lake Oswego, Oregon 97035 635-2660 REQUEST: A residential subdivision consisting of 11 lots in the R-4.5, Low Density Residential . PROPERTY DESCRIPTION: Tax Lot 3700, 3800, 3900, & 4300 Map 2S 1 10AB PROPERTY LOCATION: South of SW Gaarde Street and east of 114th Avenue. PROJECT SIZE: 2 . 52 acres LOCATION The project is located in the City of Tigard. It is situated south of the SW Gaarde right-of-way, between SW 117th. Ave. and SW 114th. Ave. The project is across from the St. Anthony Cemetery and is surrounded by single-family residential uses . STATEMENT OF INTENT The intent of this proposal is to obtain preliminary plat approval for an 11 lot, single family subdivision. The subject property is described as Tax Lots 3700, 3800, 3900 and 4300, Map 2S 1 10AB. The project area contains 2 . 52 acres . A Land Use Map is included in this application. The Land Use Map illustrates the proposed development, neighborhood access patterns and the site vehicular relationship to adjacent properties . Review of the map will show that the property is currently restricted from access on the south due to existing residential development. Connection will be made at the proposed through street, Sable Lane (proposed with Evergreen Springs Subdivision application) at the west property line and continue to 114th Avenue. Four units will access on SW Sable Lane. A second access will connect at 114th Avenue, run west and terminate in a turnaround. This private street will provide access to 6 units . Lot 5 will access on 14th Avenue. EXISTING CONDITIONS ON SITE The subject property is comprised of 4 lots creating a square parcel . Residential uses exist to the north, west and south. 114th Avenue fronts the east property line and continues north to Gaarde Street. The property is currently residential . One existing residence will remain while the other buildings will be removed. Several large trees on site and are shown on the Land Use Map (sheet 1 of 6) . Wetlands, streams, or ponds do not exist on site. Surface runoff from a spring that originates off site some 360 feet to the west enters the site behind the existing home, and exits to the north of the current driveway. The Evergreen Springs application proposes to intercept this water and convey it to a storm system in 114th Avenue before it reaches this site. City of Tigard, Preliminary Application Page 2 TOPOGRAPHY The project slopes from the southwest toward the northeast corner of the site. Overall slope averages 7%, with large areas of 6%, and small areas of 12% and 17%. SOILS Soils on site include Huberly silt loam comprising the largest portion, followed by McBee-Chehalis, then Woodburn silt loam. Runoff ranges from moderately well drained to slow to ponding. Erosion hazard is moderate to slight . PROPOSED DESIGN Eleven, 7500 square foot and larger lots are proposed. Lot 6 will contain the existing house, while the remaining 9 lots will provide new housing. We propose to access the project via SW 114th Avenue with a short private street approximately 200 feet in length with a turnaround. Six units will use the private street. The project will also connect the Sable Lane stub on the west property line (proposed in the Evergreen Springs subdivision ) with 114th Avenue to the east. Four units will utilize Sable Lane. Improvements will be made to 1/2 of 114th Avenue including 16 feet of pavement from centerline, plus the installation of curb and gutters, storm- sewers, underground placement of utility wires, and a 5 foot wide sidewalk. Three quarter (3/4) street improvements will be completed for Sable Lane which includes 14 feet of paving south from centerline, 10 feet of paving north of centerline. Installation of curb and gutters, storm sewers, underground placement of utility wires, and a 5 foot wide sidewalk will be provided on the south side. SOLAR ACCESS 80% of the lots are required to meet solar. 100% of the new proposed lots meet the solar access standards . DENSITY Net Residential Units allowed are calculated by dividing the net area of developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net developable area was calculated by the following: gross acreage minus land dedicated for public right-of-way, minimum sf of zone for existing house, and private streets = net developable area City of Tigard, Preliminary Application Page 3 gross acres (total acres in proposal) 109, 771 . 2 sf (2 . 52ac) minus all sensitive land areas Osf land dedicated for park purposes Osf 7500sf per existing house 7, 500sf Net developable area 102 , 271 .2sf (2 . 35ac) 102 , 271sf net developable area divided by 7, 500sf minimum number of sf required per dwelling unit = 13 . 6 Net Residential Units allowed + 1 Existing residential unit = 14 . 6 Net Residential Units Comprehensive Plan Designation for this area is Low Density Residential 1-5 units per acre. Proposed density for this project is 4 . 4 units per acre. FUTURE STREETS PLAN Land to the west is currently under preliminary application for subdivision. Sable Lane will be continued to 114th Avenue providing access to four lots of this subdivision. Land to the north is currently developed. The eastern boundary is adjacent to 114th Avenue. Properties on the east side of 114th Avenue will likely be provided access on 114th Avenue across from Sable Lane and across from the proposed private street. Land to the south is developed with access to provided 114th Avenue via flag lot configurations . The proposed arrangement provides safe and efficient use of the property. LANDSCAPING A landscaping plan is not being submitted at this time as specific home plans are not part of this application. STREET TREES A Street Tree Plan is submitted as part of this application (sheet 6 of 6) . Proposed Street trees meet requirements in Section 18 . 100 . 036 . VISUAL CLEARANCE AREAS Structures, plants or other obstructions are not proposed in the visual clearance areas. TREE REMOVAL Several trees exist on site and are shown on the Lands Use Plan. Trees located behind and to the south of the existing house will be retained and protected with fencing during construction. These trees consist of City of Tigard, Preliminary Application Page 4 13 deciduous and evergreen trees ranging from approximately 8 - 20" DBH. Three trees are under 12 " in diameter. Four trees will be removed for this development. The first is a 56" DBH cedar located south of the existing house. It unfortunately falls in the private road and cannot be saved. The second tree is located in the building pad of proposed lot #3 with a DBH of approximately 36" . It will be removed to provide a suitable building pad for a house. The third tree is a 15" fir located behind the existing shed in the northwest corner. It will be removed to develop Sable Lane. The fourth tree is located off site in the right-of-way, adjacent to lot 4 and will be removed to install street improvements on 114th Avenue. Of the 16 trees over 12 " caliper existing on site only three will be removed. Seventy-seven percent of the existing trees will be retained. According to the City of Tigard Code (section 18 . 150 . 025 d. ) "retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. " No tree mitigation is proposed. UTILITIES Sanitary sewer will service all proposed lots and the existing house. Sanitary sewer will connect to the proposed system of the Evergreen Springs Subdivision located in Sable Lane. Connection will be made to the existing 8" line on tax lot 400 . A second sanitary sewer connection will be made at 114th Avenue and continue along the private street to the point of connection in 114th Avenue. A connection will be made to the existing water line on 114th Avenue and will service lots 5 - 11. Water will be provided to lots 1 - 4 through a similar connection further north in the same line in 114th Avenue. Storm water will be collected at the intersection of SW Sable Lane and 114th Avenue where it will be piped to the proposed 12 " storm sewer line in Sable Lane (proposed by Evergreen Springs) , then conveyed to the existing storm water system. Storm water will also be collected at the base of the private street, a low spot on 114th Avenue and on the west side of 114th Avenue to collect storm water currently entering the site in a ditch. From these three collection points storm water will be conveyed to the existing storm water system. We are requesting a fee in lieu of providing water treatment facilities on-site due to the limited size of this proposal. The increase in peak flow from this development is calculated at . 7cfs. Drainage calculations are included in this submittal package. FEE IN LIEU OF ON-SITE WATER QUALITY FACILITIES The City of Tigard and USA require construction of on-site Water Quality Facilities unless one of several conditions exist. The condition appropriate for this project is : "the site is small compared to the development plan, and the loss of area for the on-site facility would preclude the effective development (Chapter 3 , d. c) ) . For this project of 2 . 53 acres, the loss of developable areas of the site that would be City of Tigard, Preliminary Application Page 5 required to provide water quality facility makes this project unfeasible. The loss of developable area is estimated to be about 10% of the buildable portions of the site. City of Tigard, Preliminary Application Page 6 AGREEMENT TO DEVELOPMENT IMPROVEMENTS AND CONDITIONS IN LIEU OF PROVIDING IMPACT STUDY WHEREAS, the undersigned L><A/a 54.4 14-4Ttff warrant(s) that (I/we/they) are owner(s) of real property in the City of Tigard, Washington County, Oregon as described: In EXHIBIT"A", attached hereto, and incorporated by reference herein. WHEREAS, the undersigned wishes to develop the above descnbed property for /24.54h,• P,,-v.-sm./AP/vision( without preparing an impact study to quantify the effect of the development on public facilities and services. The preapplication conference established that the developer will transfer an interest in real property. The undersigned wish to develop the above referenced property in accordance with the preapplication conference. NOW, THEREFORE, the undersigned agree(s) to the following: 1. That the value of the real property interests required to be transferred for the above referenced development are roughly proportional to the impacts of the proposed development upon public facilities and systems. As such, the undersigned hereby agrees to comply fully with real property requirements and public improvements and waives the right to pursue any legal challenge to those conditions. 2. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire any interest in the property in the future. 3. This covenant shall run with the land, shall be recorded in the Washington County deed records and shall be binding on the undersigned and all successors in interest of any property affected by this development. 4. Should any portion of this agreement be declared void by a court of law, the remaining portions of this agreement shall remain in full force and effect. Dated Ste`■D , 19 97 Dated 19 Signature wner(s) City of Ti d —746 STATE OF OREGON ss. COUNTY OF WASHINGTON Personally appeared before me on the f- PM day of re$Ru44r . 19,T. 1 y,s-..0-S,44a0 . it-tit-et who .cknowledged that the foregoing was his voluntary act and deed. -�^ OFFICIAL SEAL DAVID J. TANGVALD Notary •• )' for Orego 5/20NOTARY PUBLIC-OREGON My Commission Expires: rhbimpw • COMMISSION NO.032669 MY CO MISSION EXPIRES MAY 28,1998 I , •• �_ •• N_••�N , . 1 i Sii F�i ,� 1 I--- i :.. .,.•.k... -• .1Z) .,;..1,....._.,,,....,t•.,71_.::....-;. ,....,,_____. ,*:4 1 y I r ! 1 ( I i II ( i I 1 1 1 1 s 123 I 1 36" DECID . _ _____-1,-- EX DITCH + \ 2 _____ — _ [X FBI.� / • I__ , 10" FIR C I EX DRIVEWAY i �8 DECID f �, l - -11--- -- -12" FIR j �I W r i - -- . 12" FIR 7 i If 1 } i I l 14" AR I l I' 6 + 5 " FIR I (n '� i 7" Fl-. con• A l 4/2 J I ) » AR dec I I 1: \ 8 R " .;R 20" D cII/__ ----_ di... • ." 4� 1, I ��� 1 4" DECID 2" / ! f' 56" CEDAR SW JAKI LANE + ` .;�' 8 jI '-----.� PRIVATE STREET ; , il 41: i .,/ a I9 10 11 1 ) - �l`` i CITY OF TIGARD Community(Development Shaping Better Community PROPOSAL DESCRIPTION FILE NO: SUBDIVISION (SUB) 97-0001 FILE TITLE: HAWK MEADOWS SUBDIVISION APPLICANT: Riverwood Development L.L.C. OWNER: Lynn & Sharon Hatch 4035 Douglas Way 14135 SW 114th Avenue Lake Oswego, OR 97035 Tigard, OR 97224 (503) 709-2277 REQUEST: A request to subdivide four (4) parcels of 2.45 acres into 11 lots ranging in size from 7,560 to 13,704 square feet. LOCATION: 14135 SW 114th Avenue; WCTM 2S110AB, Tax Lots 3700, 3800, 3900 and 4300. ZONE: R-4.5. Residential, 4.5 units per acre. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. CIT: West CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION DATE COMMENTS DUE: Friday March 7,1997 PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 X HEARINGS OFFICER DATE OF HEARING:(Tentative) 4/14/97 TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: Mark Roberts (503) 639-4171 x317 SUB 97-0001 HAWK MEADOWS SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS L' .'I . February 28, 1996 CITY OF TIGARD OREGON Consulting Engineering Services Attention: Mrs. Ilene Obermiller 15256 NW Greenbrier Parkway Beaverton, OR 97006 Re: Hawk Meadows Subdivision/SUB 97-0001 Dear Ilene: This letter is in response to the Hawk Meadows Subdvision application. This application has been considered complete as of February 21, 1997. A Public Hearing is scheduled before the Hearings Officer for 7:00 PM on April 14, 1997. Please feel free to contact me concerning this information at (503) 639-4171. Sincerely, .7/44(4 pr?6,6&___ Mark Roberts Associate Planner, AICP is/cu rpin/mark_r/HawkMea.doc c: SUB 97-0001 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • 41001.0 !ix CITY OF TIGARD May 8, 1997 OREGON Consulting Engineering Services Attention: Mrs. Eilene Obermiller 15256 NW Greenbrier Parkway Beaverton, OR 97006 Re: Hawk Meadows Subdivision/SUB 97-0001 Dear Eilene: This letter is in response to the your question concerning the Final Order that was issued for this application. The arborist report was sent to the Hearing's Officer within the seven day period where the record was held open. The Hearing's Officer stated that if the applicant can demonstrate the need for removal of the 56-inch tree at the end of proposed private street SW Jaki Lane, that the applicant should be permitted to do so. The Planning Division finds that the arborist report addresses the range of likely project impacts to the existing 56-inch tree. Considering the arborist's conclusions, it does not appear possible to preserve the tree and develop the necessary subdivision improvements. Please feel free to contact me concerning this information at (503) 639-4171 . Sincerely, ‘19/Zeki/k Mark Roberts Associate Planner, AICP /curpin/mark_r/Hawk2 doc • c: SUB 97-0001 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CITY OF TIGARD 1]001 Post-it®Fax Note 7671 Date ,pages .- e el/W-4,M/ r I r Co./Dept. Co. ,// ,CEMENT REPORT TX *** :********************** Phone# ([/ `�c Phone# 31_ i 1/ 7/ A Fax# , (25 - Fax# TNECTION ID START TIME USAGE T. PAGES RESULT aoav4 LA ..... 05/07 16:36 00'56 2 OK *8506 TX G3 503 274 0123 SRI SHAPIRO 05/07 16:40 02'00 5 OK *8508 TX G3 6902595 05/07 16:45 03'44 6 OK *8520 TX G3 2473 CITY ATTORNEY 05/08 10:21 03' 14 7 OK *8526 TX G3 0 1 2 3 4 5 6 7 8 9 05/08 11:36 00'57 2 OK *8525 TX G3 503 598 1007 05/08 11:39 00'47 1 OK *8527 TX G3 5038270506 05/08 11:48 01'42 4 OK *8530 TX G3 503 6250629 05/08 12:37 05'50 9 OK *8533 TX G3 2424204 05/08 13:30 00'42 1 OK *8536 TX G3 503 236 2322 05/08 13:48 01'16 2 OK *8543 TX G3 503 236 2322 05/08 14:59 01'16 2 OK *8547 TX G3 2845506 05/08 15:30 07'15 10 OK *8549 TX G3 503 620 2086 NICOLI ENG. , Inc. 05/08 15:40 01'31 3 OK *8551 TX G3 05/08 15:46 01 ' 18 2 OK *8552 TX G3 5037213666 05/08 15:58 08'16 16 OK *8554 TX G3 2473 05/08 16:24 01'57 5 OK *8556 TX G3 2068544929 MCKINNEY 05/08 16:35 00'59 2 OK 8558 TX G3 6902595 05/08 16:44 00'46 1 OK ***************************************** *** ACTIVITY MANAGEMENT REPORT RX *** **************************************:*** ACTY# MODE CONNECTION TEL CONNECTION ID START TIME USAGE T. PAGES RESULT *8510 AUTO RX G3 5037318259 ODOT - REGION 1 05/07 17:25 03' 17 2 OK *8512 AUTO RX G3 05/08 07:34 03'58 7 OK *8515 AUTO RX G3 1 503 977 3334 05/08 09:41 02'30 5 OK *8516 AUTO RX G3 503 823 3588 MAYOR KATZ' OFC 05/08 09:44 02'01 3 OK *8517 AUTO RX G3 5032431934 DKS ASSOCIATES 05/08 09:47 04'06 6 OK *8518 AUTO RX G3 503 243 2944 05/08 09:57 01'48 3 OK *8519 AUTO RX G3 503 641 6613 ALLEN/FALK INC. 05/08 09:59 00'54 1 OK *8522 AUTO RX G3 05/08 11:17 01 '03 2 OK *8523 AUTO RX G3 6269138 05/08 11:30 01' 10 2 OK *8524 AUTO RX G3 2068544929 MCKINNEY 05/08 11:31 01 '02 2 OK *8529 AUTO RX G3 05/08 11:56 01 ' 11 1 OK *8531 AUTO RX G3 503 777 6793 05/08 12:44 00'53 1 OK *8532 AUTO RX G3 503 823 7110 05/08 12:48 00'53 2 OK *8535 AUTO RX G3 360 687 3983 05/08 13:37 00'42 1 OK *8538 AUTO RX G3 05/08 13:56 01 '22 1 OK *8539 AUTO RX G3 503 684 3611 05/08 14:01 01 '27 2 OK *8540 AUTO RX G3 503 236 2322 05/08 14:04 01 '42 4 NG 4 ttg201 *8541 AUTO RX G3 503 643 1905 KLEINFELDER INC 05/08 14:35 01 '24 2 OK *8542 AUTO RX G3 503 624 0641 05/08 14:47 00'46 1 OK *8544 AUTO RX G3 503 236 2322 05/08 15:06 00'56 2 OK *8545 AUTO RX G3 503 693 4412 05/08 15: 10 01 '30 3 OK 8559 AUTO RX G3 503 233 1281 05/08 16:53 01 ' 14 2 OK P�Pt1NV" � . ��`�A TUALATIN VALLEY FIRE & RESCUE � ,� X (1' FIRE PREVENTION ,„/ Li 6.. 4755 S.W.Griffith Drive . P.O.Box 4755 . Beaverton,OR 97076 . (503)526-2469 . FAX 526-2538 '4F4 RES- July 18, 1997 Consulting Engineering Services, Inc. 15256 N.W. Greenbrier Pkwy. Beaverton, Oregon 97006 Re: Hawk Meadows LM1-02)r 14135 S.W. 141st File Number; 1371-97 Gentlemen:: This is a Fire and Life Safety Plan Review and is based on the 1994 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. Plans for the above noted project are not approved. Please address the following items and resubmit plans to this office for review and approval. Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) Sable Lane. Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles and maintain the minimum 20 foot wide unobstructed driving surface, "No parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING-FIRE LANE -TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5(1)(2)&(3)) Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the "Working"Smoke Detectors Save Lives Consulting Engineering Services,Inc. July 18, 1997 Page 2 structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) Please move the fire hydrant on S.W. Jaki Lane to the east and position similarly to the hydrant on Sable Lane. Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway (UFC Sec. 903.4.2.4) Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) If you have questions or need additional information,please contact me at 526-2469 referring to the above noted file number. Sincerely, l Jerry L. Renfro,DFM Plans Examiner JLR:kw / cc: Mark Roberts ✓ City of Tigard Planning Dept. 13125 S.W. Hall Blvd. Tigard, OR 97223 MOW CONSULTING ENGINEERING SERVICES,INC. CD '1.IJRAM@KI07-uf,\, r� ,_ 15256 NW Greenbrier Parkway � � Beaverton,OR 97006 (503)690-6600 q$(— JOB°P ^ I 1 (�i RE: k--\CU3A 9Z2jtZe-,- I RECEIVED DEC 1 5 1997 WE ARE SENDING YOU Attached ❑ Under separate cover via C 0 ❑ Shop drawings ] Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 1`44IS Q( LY \ THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGN . _ If enclosures are not as noted,kindly notify us at once. FROM : DEHARPPORT-STEARNS .._ ..„ PHONE NO. : 503 697 1824 May. 18 1998 03:00PM P1 : •:• ''. ''''eliCpli•eiliVt:•'41• , • :'..1,•"Xii*-it.ii•", .• .• : ••,•:`'.' ; ,,I•,1-••••:.•":. •• . , - . .'• j, ••• ; -t :• ,-..-•-,s, ..i, . w 41 i:i•. : : ,•,.,r! :,....„..; - .• .. - - : •,;. f. . • , . - I i •At,%■++,...1.1:-,.......i.I0211111•MIIINIffeliegiliK1141 ,.Ltaittrazl,`_4.._ .....___ _:.:-.. .; . 0.1L•■4 ,4=‘:sol-•-....LLI.::.2..L..."..,=ftssmaftimuisp,f;kaii.;•" . ,. ...- ; . 1 - 1 : • - • , • , 1 CITY OF TIGARD - RLCLIPT 01. PAYM1....N1 kELLIP1 NU. .1.96 '. . ' , • . • Ct-IF1:1-• f)MI...1UNT ..: e c.",tl. ti.)VI • C REA)I.1 crikii : el. 00 . . V.i.. 1111.1 NAME : RIVERWOOD DEVELOPMENT LLC CASII $)P1OUN T. r4DDRESS ' : 403:-.1 DOUGLAS •WAY ' 1-'1:1YME.N1 I41TE : le.-.13/■ii Zi/91:4 I LAKE 01.4WG0 OR GUS 0 U.'T.:::;L UN : 1 97035- . • , PURPOSL; UP. ,PAYMtIN1 AMCIUNT PA I 1) 1-'URP111:iir. 01- I 'f-4Y1,11r.1\lt A1101.1N1 I 111 11) ___.............. _a.__. LAND USE ()PPL . . 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' • - . - May 22, 1998 4 ,,,,,,LA CITY OF WARD Staci Christian Pacific Northwest Title OREGON Re: Hawk Meadows Subdivision Street Tree Bonding Dear Staci: This letter is in response to your request for confirmation that the City is requiring a method of guarantee for completion of required street trees. The Community Development Code does require street trees. A street tree planting plan was provided with the development application. A total of 25 street trees were shown on the approved planting plan. Based on previous estimates that have been provided to the City, purchase and planting of street trees could be completed for $150 per tree. Therefore,the total bond amount required is $3,750. The bond will need to specifically state that only the City of Tigard can release it upon completion of planting. Please feel free to contact me concerning this information. Sincerely, '74,44 et4. Mark Roberts Associate Planner, AICP c: SUB 97-0001 land use file is curpl n/markr/hawkbnd.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 ( I PACIFIC NORTHWEST TITLE of Oregon, Inc. Formerly Stewart Title of Oregon,Inc. May 29, 1998 City of Tigard Mark Roberts 13125 SW Hall Blvd. Tigard, OR 97223 Dear Mark; Enclosed please find the bond and receipt for development review that has already been paid for Hawk Meadow. If you should need anything further,please give me a call. Sincerely, CfC(\`C \C A- "\—) Staci Christian Land Development 9020 SW Washington Square Road A Suite 220 A Tigard, OR 97223 • (503)671-0505 A Fax: (503)643-3746 Preferred Agent for Pacific Northwest Title Insurance Co.and Stewart Title Guaranty Co. • InSCchICO SUBDIVISION IMPROVEMENTS PERFORMANCE BOND BOND NO: 512269S KNOW ALL MEN BY THESE PRESENTS: That we, Riverwood Development, LLC , as Principal, and Developers Insurance Company , a Corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of Oregon, as Surety, are held and firmly bound unto City of Tigard, Oregon as Obligee in the sum of Three thousand seven hundred fifty and no/100 ($3,750. ) Dollars for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of: Street Trees - Hawk Meadows Subdivision entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. Only the City of Tigard can release bond upon completion of planting. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-fact at Lake Oswego, Oregon , this 27th day of May , 19 98 PRINCIPAL SURETY Riverwood Development, LLC Developers Insurance Company by: � �r� / wff{4t`7'L by: >"r Geri Geri . Burnett Attorney-in-fact Insco Insurance Services, Inc. One Centerpointe•Suite 420•Lake Oswego, OR 97035• (503)684-9606• (800)223-2451 •Fax(503)6844065•http://www.insco.com Underwriting Manager for: Developers Insurance Company• Indemnity Company of California•Developers Surety and Indemnity Company • • POWER OF ATTORNEY OF INI 1NITY COMPANY OF CALIFORNI/ AND DEVELOPERS INSURANCE COMPAN Y P.O.BOX 19725,IRVINE,CA 92623•(949)263-3300 N° 1 1 91 0 1 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1999. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***BLAINE D. WILLIAMSON, GERI M. BURNETT, BRENT OLSON, MORAG A. COREY, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Three Million Five Hundred Thousand Dollars($3,500,000)in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of February,1997. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY 0A4,t4t,Ae. By. • UAAWAtii. By Dan F.Vincenti,Jr. Dante intent:.Jr. 'President 09,PANYQF P silent 0 POgq,.n �P0PP0 4;0,, OCT.5 a ATTEST 5 2 MAR.27 0 Aki -Z044 y 1967 a 1979 t \ yo 4 erp`` 11FO�N P-�a �FQP By By Walter Crowell Walter Crowe Secretary Secretary STATE OF CALIFORNIA SS. COUNTY OF ORANGE On February 3, 1997,before me,Sherie L.Bell,personally appeared Dante F.Vincenti,Jr.and Walter Crowell, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. �SHERIE L. BELL ��� // I / / I �i� COMM,01119419 Si g nature ■ J ril NOTARY PUBLIC•CALIFORNIA �, / My ComExp.Dec.12,2000 CERTIFICATE The undersigned,as Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the datQ off this Ce Ificate. This Certificate is executed in the City of Irvine,California,thp/� day of 2-/.L ! ,199 . INDEMNITY COMPANY OF CALIFORNIA DEVELOPS INSURANCE COMPANY 9,PANY0 �9r 4 : G By �'� �/ � 2? OCT.5 0=i; By � r'� �/ i �=MAR.27 ° William T.Sherer 3 1967 ° William T.Sherer > 1979 ro Vice President °y FO�N\per Vice President O 4 1FolefP ID-313 REV.(2/98) RETURN RECORDED DOCUM EN 3 035 E OF OREGON •,. ; : EXHIBIT `A' PUBLIC SIDEWALK EASEMENT LOT 4, PLAT OF "HAWK MEADOWS" A TRACT OF LAND FOR THE PURPOSE OF A PUBLIC SIDEWALK EASEMENT WITHIN LOT 4, PLAT OF "HAWK MEADOWS", A DULY RECORDED PLAT, RECORDED IN PLAT BOOK 118, PAGES 41 AND 42, WASHINGTON COUNTY PLAT RECORDS, WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, OREGON. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4, SAID PLAT OF "HAWK MEADOWS", SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF SW COLE LANE, AND SAID RIGHT OF WAY BEING 21.00 FEET SOUTHERLY OF AND PARALLEL TO THE CENTERLINE OF SAID SW COLE LANE; THENCE S 89°30'30"W, 55.87 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 19.00 FEET, AND SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°02'06" (THE LONG CHORD OF WHICH BEARS S 58°28'27" E, 20.15 FEET )21.23 FEET TO A POINT; THENCE LEAVING SAID CURVE S 63°32'36"W, 1.00 FEET TO A POINT ON A NON- TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 18.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°02'06" (THE LONG CHORD OF WHICH BEARS N 58°28'27"W, 19.09 FEET ) 20.12 FEET TO A POINT; THENCE N 00°29'30"W, 1.00 FEET TO THE POINT OF BEGINNING. CONTAINING 20 SQUARE FEET MORE OR LESS. 1 A POR-I tUN OF LOT 4, PLAT OF "HAvvK MEADOWS" LOCATED IN THE NE 1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON SW COLE LANE 21.00' TRUE POINT OF BEGINNING R = 19.00' L = 21.23' CH = 20.15' S 89'30'30" E 55.87' CB = S 58'28'27" E - - - - _ A = 64'02'06" N 00'29'30" W R = 18.00' 1.00' L = 20.12' CH = 19.09' CB = N 58'28'27" W\\� A = 64'02'06" NORTHWEST CORNER OF LOT 4 PLAT OF "HAWK MEADOWS" S 63'32'36" W * 1.00' r- r PUBLIC SIDEWALK EASEMENT 20 S.F. I I LOT 4 PLAT OF "HAWK MEADOWS" 110 5 0 10 ces t 1 DATE 1 CONSULTING ENGINEERING SERVICES, INC.I EXHIBIT 'A- s/25/98 15256 N.W. GREENBRIER PARKWAY FIGURE BEAVERTON, OR 97006 (503) 690-6600 PUBLIC SIDEWALK EASEMENT oF1f 3 EXHIBIT `(J1 PUBLIC SIDEWALK EASEMENT LOT 5, PLAT OF "HAWK MEADOWS" A TRACT OF LAND FOR THE PURPOSE OF A PUBLIC SIDEWALK EASEMENT WITHIN LOT 5, PLAT OF "HAWK MEADOWS", A DULY RECORDED PLAT, RECORDED IN PLAT BOOK 118, PAGES 41 AND 42, WASHINGTON COUNTY PLAT RECORDS, WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, OREGON. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AND THE NORTHEAST CORNER OF LOT 5, SAID PLAT OF "HAWK MEADOWS", SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF SW 114TH AVENUE, SAID WESTERLY RIGHT OF WAY BEING 25.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF SAID SW 114TH AVENUE; THENCE S 00°05'00" E, 70.63 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE S 00°05'00" E, 9.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 18.50 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°14'43" (THE LONG CHORD OF WHICH BEARS S 47°10'19" W, 10.89 FEET ) 11.06 FEET TO A POINT, SAID POINT BEING 33.00 FEET WESTERLY OF THE CENTERLINE OF SAID SW 114TH AVENUE; THENCE LEAVING SAID RIGHT OF WAY LINE N 25°32'19" E, 18.50 FEET TO THE POINT OF BEGINNING. CONTAINING 43 SQUARE FEET MORE OR LESS. r- A PORTION OF LOT 5, PLAT OF "HAWK MEADOWS" LOCATED IN THE NE 1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON - - - - - - - - Z+� 25.00' -S' NORTHEAST CORNER OF LOT 5 ` PLAT OF "HAWK MEADOWS" eo 0 N w 0 0 � o LOT 5 �o W PLAT OF "HAWK MEADOWS" ° D Z Q 10 5 0 10 TRUE POINT OF BEGINNING T- ry N :� '06/ rn R = 18.50' (/) ry ^&/ / L = 11.06' _ PUBLIC SIDEWALK EASEMENT / CB = S 4710'19" W A = 3414'443" 43 S.F. / ' 33.00' -, �� SW JACKIE COURT (PRIVATE) ./ ( Ce5 CONSULTING ENGINEERING SERVICES, INC. 1 EXHIBIT B - 9/25/98 15256 N.W. GREENBRIER PARKWAY FIGURE BEAVERTON, OR 97006 (503) 690-6600 PUBLIC SIDEWALK EASEMENT DATE 1 OF 1 5--- • EXHIBIT`C. PUBLIC SIDEWALK EASEMENT LOT 11, PLAT OF "HAWK MEADOWS" A TRACT OF LAND FOR THE PURPOSE OF A PUBLIC SIDEWALK EASEMENT WITHIN LOT 11, PLAT OF "HAWK MEADOWS", A DULY RECORDED PLAT, RECORDED IN PLAT BOOK 118, PAGES 41 AND 42, WASHINGTON COUNTY PLAT RECORDS, WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, OREGON. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 11, SAID PLAT OF"HAWK MEADOWS", SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF SW 114TH AVENUE, SAID RIGHT OF WAY BEING 25.00 FEET WEST OF AND PARALLEL TO THE CENTERLINE OF SAID SW 114TH AVENUE; THENCE N 00°05'00"W, 78.36 FEET ALONG THE WESTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE N 00°05'00" WE, 9.92 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 18.50 FEET; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°14'43" (THE LONG CHORD OF WHICH BEARS N 47°10'19" W, 10.89 FEET ) 11.06 FEET TO A POINT, SAID POINT BEING 33.00 FEET WESTERLY OF THE CENTERLINE OF SAID SW 114TH AVENUE; THENCE LEAVING SAID RIGHT OF WAY LINE S 25°42'19" E, 18.50 FEET TO THE POINT OF BEGINNING. CONTAINING 43 SQUARE FEET MORE OR LESS. (LJ A PORTION OF LOT 11 , PLAT OF "HAWK MEADOWS" LOCATED IN THE NE 1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON SW JACKIE COURT (PRIVATE) 1N 33.00' W =I \\ R = 18.50' Z \ L = 11.0.8 CH = 10.89' �N•\ CB = N 47'20'19" W < d N. A = 3414'43" s .PUBLC SIDEWALK EASEMENT o-- \ 43 S.F. t^ "t \°' \ I '}- 7 1 0 TRUE M POINT OF oo BEGINNING N 10 :Lo LOT 11 PLAT OF "HAWK MEADOWS" 0 10 SOUTHEAST CORNER OF LOT 11 PLAT OF "HAWK MEADOWS" 25.00' - - - - - J f DATE CesCONSULTING ENGINEERING SERVICES, INC.' EXHIBIT 'C- I 1 9/25/98 15256 N.W. GREENBRIER PARKWAY FIGURE BEAVERTON, OR 97006 (503) 690-6600 PUBLIC SIDEWALK EASEMENT 1 OF 1f 7 RETURN RECORDED DOCUMENT Tor lb a/ / CITY HALL RECORDS DEPARTMENT, �. '/ ??9$5- ST/ )F OREGON CITY OF TIGARD } SS 13125 SW Hall Blvd. County of Washington f N Tigard,OR 97223 I, Jerry r -nsex ,r :::r of Assess- ment and 1.n u d �•a io County CORPORATION Clerk for •.,1. sit i•y edify that the wit ,rl _ eceived �rl and re. 'Me.:• . ••• • mil- of said File No C11-000i county. * I .1 * V I. '#'� -1 '�"•— Tom' era�; (' f R f� • irector of RECORDED BY PACIFIC NW TITLE AS AN ACCOMMODATION • s s � ..• axation, Ex- ONL[NO MUD'IS ACCEPTED FOR THE CONDITION J l erk OF TITLE OR FOR THE VALIDITY SUFFICIENCI( OR Doc : 98111149 EFFECT OF THIS DOCUMENT EASEMENT Rect: 218210 31.00 PERMANENT 10/06/1998 02:26:58pm T PUBLIC UTILITY WV E( CLZ OD l€.IJELtjP oki hereinafter called the Grantors, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting, and repairing of public utilities and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees, and other obstructions on the parcel of land described in Exhibits A-4 •situated in the City of Tigard, Washington County, State of Oregon. THE TRUE CONSIDERATION for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title, or interest except those expressly stated in this easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors,their successors,and assigns in the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors, and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand on this ay of 4991. , 19 . IQ 1 VFf1r 0ECD?)(46 Name �CorQora 'on SignatuX�, 3� uj/i6e° G(.lz ivt.epri Address Title A/4- O<w,tv, q7 a5 s' Signa re a v Titl STATE OF OREGON ) )ss. County of Washington ) / C,[� \ L This instrument was acknow edged before me on ", /9/C�(date)by p�(� �!� /lair/J/ (t/7G( /ULG/C -5 r�S (name(s)of person(s))as - J , 2 •s,4, I (type of authority,e.g.,officer,trustee,etc) of ( ame of party on behal of whom instrument was executed). _�. OFFICIAL SEAL //l t..�. 'rrSSS `` •*+'= D�EGEROT Notary Stgnature - NOTARY PUBLIC-OREGON My Commission Expires: 7/7/c)670, 2 COMMISSION NO.314221 MY COMMISSION EXPIRES JUL 7,2002 Accepted on behalf of the City of Tigard this 5th day of m Cc'P -Y' , 19 5 8 . City ggineer NO CHANGE IN TAX STATEMENT I:\ENG\PUB-FORMIPUB-U-C0.DOT it5m. EXHIBIT `A' PUBLIC UTILITY EASEMENT LOT 5, PLAT OF "HAWK MEADOWS" A TRACT OF LAND FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT WITHIN LOT 5, PLAT OF"HAWK MEADOWS", A DULY RECORDED PLAT, RECORDED IN PLAT BOOK 118, PAGES 41 AND 42, WASHINGTON COUNTY PLAT RECORDS, WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, OREGON. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 5, SAID PLAT OF "HAWK MEADOWS", SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SW JACKIE COURT, SAID RIGHT OF WAY BEING 13.00 FEET NOTH OF AND PARALLEL TO THE CENTERLINE OF SAID SW JACKIE COURT; THENCE N 00°05'00"W, 11.50 FEET ALONG THE WESTERLY BOUNDARY LINE OF SAID LOT 5 TO A POINT; THENCE LEAVING SAID BOUNDARY N 89°50'00" E PARALLEL TO SAID CENTERLINE OF SW JACKIE COURT 6.00 FEET TO A POINT; THENCE S 00°05'00" E PARALLEL TO SAID WESTERLY BOUNDARY LINE OF SAID LOT 5 11.50 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE S 89°50'00" W, 6,00 FEET TO THE POINT OF BEGINNING. CONTAINING 69 SQUARE FEET MORE OR LESS. A PORTI(,, . OF LOT 5, PLAT OF "HAWK ..IEADOWS" LOCATED IN THE NE 1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON LOT 5 PLAT OF "HAWK MEADOWS" 10 5 0 10 N 8950'00" E 6.00' LOT 6 PLAT OF "HAWK MEADOWS" PUBLIC UT1UTY EASEMENT of o _ 69 SF ',Inl a1 0 0 0 con' S 89'50'00" W 6.00' SOUTHWEST CORNER OF LOT 5 PLAT OF "HAWK MEADOWS" 13.00' POINT OF BEGINNING SW JACKIE COURT (PRIVATE) ct. CONSULTING ENGINEERING SERVICES, INC. DATE 15256 N.W. GREENBRIER PARKWAY( EXHIBIT '/'\ , 9/25/98 BEAVER TON, OR 97006 (503) 690-6600 PUBLIC UTILITY EASEMENT FIGURE , of , 3 EXHIBIT 'g' PUBLIC UTILITY EASEMENT LOT 6, PLAT OF"HAWK MEADOWS" A TRACT OF LAND FOR THE PURPOSE OF A PUBLIC UTILITY EASEMENT WITHIN LOT 6, PLAT OF "HAWK MEADOWS", A DULY RECORDED PLAT, RECORDED IN PLAT BOOK 118, PAGES 41 AND 42, WASHINGTON COUNTY PLAT RECORDS, WITHIN THE NORTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, OREGON. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, SAID PLAT OF"HAWK MEADOWS", SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SW JACKIE COURT, SAID RIGHT OF WAY BEING 13.00 FEET NOTH OF AND PARALLEL TO THE CENTERLINE OF SAID SW JACKIE COURT; THENCE S 89°50'00"W, 2.00 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO A POINT; THENCE LEAVING SAID NORTHERLY RIGHT OF WAY LINE N 00°05'00"W, 11.50 FEET TO A POINT; THENCE N 89°50'00" E PARALLEL TO SAID CENTERLINE OF SAID SW JACKIE COURT 2.00 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF SAID LOT 6; THENCE ALONG SAID EASTERLY BOUNDARY S 00°05'00" E, 11.50 FEET TO THE POINT OF BEGINNING. CONTAINING 23 SQUARE FEET MORE OR LESS. 1-( A PORTION OF LOT 6, PLAT OF "HAWK MEADOWS" LOCATED IN THE NE 1 /4 OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON LOT 6 PLAT OF "HAWK MEADOWS" 10 5 0 10 N 89'50'00" E 2.00' LOT 5 PLAT OF "HAWK MEADOWS" PUBLIC UTILITY EASEMENT 3 w 23 SF o. lo. In uu 170 0i. E:= 2 0^ 0 - 0 0 z S 89'50'00" W� 2.00' SOUTHEAST CORNER OF LOT 6 13.00' PLAT OF "HAWK MEADOWS" POINT OF BEGINNING SW JACKIE COURT (PRIVATE) J CONSULTING ENGINEERING SERVICES, INC. DATE EXHIBIT 'B 9/25/98 15256 N.W. GREENBRIER PARKWAY FIGURE BEAVERTON, OR 97006 (503) 690-6600 PUBLIC UTILITY EASEMENT 1 OF 1