SUB2014-00007 Decision - MitchellNOTICE OF DECISION PAGE 1 OF 27
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NOTICE OF TYPE II DECISION
SUBDIVISION (SUB) 2014-00007
MITCHELL SUBDIVISION
120 DAYS = 6/25/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL SUBDIVISION
CASE NOS.: Subdivision (SUB) SUB2014-00007
Adjustment (VAR) VAR2015-00002
REQUEST: The applicant is seeking approval for a 7-lot subdivision on an approximately 2.45-acre site, made up of two tax lots on SW 97th Avenue. Lots will be developed with detached single-family homes. The proposed lot sizes range from 8,000 to 15,817 square feet. The applicant has also requested an adjustment to reduce the front yard setback from 20 feet to 15 feet for an existing home on lot 2. APPLICANT: Michael and Patricia Mitchell 14325 SW 97th Avenue Tigard, OR 97224
APPLICANT’S REP.: Isenhart Consulting Danelle Isenhart, AICP P.O. Box 2364 Beaverton, OR 97075
OWNER: Patricia Mitchell 14325 SW 97th Avenue Tigard, OR 97224
LOCATION: 14325 and 14405 SW 97th Avenue; WCTM 2S111BA, Tax lots 1600 and 1700
ZONE: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a
minimum lot size of 10,000 square feet. Duplexes are permitted conditionally. Some civic
and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725; 18.745, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director’s designee has APPROVED the
preliminary subdivision and variance requests subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section VI of this decision.
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Cheryl Caines, 503-718-2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to any ground disturbance work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection.
3. Prior to any ground disturbance work, the applicant shall submit to the city the current Inventory Data Collection fee for urban forestry plan implementation.
4. Prior to any ground disturbance work, the applicant shall provide a tree establishment bond that meets the requirements of Urban Forestry Manual Section 11, Part 2. 5. Prior to PFI permit submittal, the applicant shall provide a revised Soil Volume Plan (L1.0) showing twenty three (23) street trees that meet the minimum planting requirements of the Urban Forestry Manual, Section 2, Part 1 or pay a fee-in-lieu. During subsequent plan review or construction it is determined that the minimum number of street trees cannot be planted, the applicant shall pay the applicable fee in-lieu to satisfy code requirements.
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and
approval:
6. Prior to issuance of a site permit, a Public Facility Improvement (PFI) permit is required for this project
to cover street, drainage, and utility improvements and any other work in the public right-of-way. Four
sets of detailed public improvement plans shall be submitted for review to the Engineering Division.
NOTE: these plans are in addition to any drawings required by the Building Division and should only
include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the
City’s web page (www.tigard-or.gov).
The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the “Permittee”, and who will provide the financial
assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership,
LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate information to the Engineering Department will delay processing
of project documents.
7. Prior to issuance of a PFI permit, the applicant shall provide a construction vehicle access and parking plan for
approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase.
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8. Prior to issuance of a PFI permit, the applicant shall provide a preliminary access report which verifies that
design of all site driveway and street connections are safe by meeting appropriate standards such as roadway
geometric standards and sight distance. Show permitted street parking on the plans.
9. Prior to issuance of a PFI permit, the applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, which indicate that they will construct improvements along
the full frontage of SW 97th Avenue. The improvements adjacent to this site shall include:
A. maintenance of the existing paved width, provide curb returns;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement
shall be built beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground existing overhead utilities;
J. street signs (if applicable); and
K. driveway apron (if applicable).
10. Prior to issuance of a PFI permit, the applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, which indicate that they will construct improvements to
the extension of S.W. View Terrace Street. The improvements shall include:
A. City standard pavement section for a Skinny Street from curb to curb equal to 24 feet (TMC
18.810.5);
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement
shall be built beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5 foot concrete sidewalk with a 7- foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs and no parking signs for both sides of the street;
K. driveway aprons; and
L. extend the street profile 300 feet beyond the site to show how the proposed street will connect
to the existing street.
11. Prior to issuance of the PFI permit, the applicant shall obtain city approval of a preliminary plat showing
sufficient right-of-way dedication for proposed streets and required easements.
12. Prior to issuance the PFI permit the applicant shall obtain approval from the city engineer and other
appropriate agencies for the final design of the sanitary sewer system to serve the site and any downstream
impacts.
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13. Prior to obtaining the PFI permit the applicant shall obtain approval from the city engineer and other
appropriate agencies of the final storm water report and the final design of the storm drainage system to
serve the site, provide detention and mitigate any downstream impacts.
14. Prior to obtaining the PFI permit the applicant shall provide approval from TVF&R for access and hydrant
placement.
.
15. Prior to obtaining the PFI permit the applicant shall obtain city approval of design plans for water quality
facility as required by Clean Water Services Design and Construction Standards and the city of Tigard and shall
address potential downstream drainage issues, and shall include a proposed maintenance plan.
16. Prior to obtaining the PFI permit the applicant shall obtain approval from the city engineer of the final design
of the water system to serve the site and provide required fire flows.
17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the
provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is
directed to the street or a public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
18. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10%
and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections and/or permits will be necessary when the lots develop.
19. Prior to issuance of the PFI permit the applicant shall obtain a 1200-C or 1200-C-N General Permit issued by
CWS through the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. Comply with all
other applicable erosion control requirements.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT ATTN: Cheryl Caines, 503-718-2437. The cover letter shall clearly identify where in the submittal the required information is found: 20. Prior to final plat approval, the applicant shall submit an approved Washington County Subdivision Plat Naming Form. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 21. Prior to final plat approval the applicant shall pay the city’s current final plat review fee.
22. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planner On Duty, at 503-718-2421. C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
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D. The right-of-way dedication for SW 97th Avenue (an additional 8 feet required for a sidewalk and planter) and SW View Terrace Street (50 feet) shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant’s surveyor. F. After the City and County have reviewed the final plat, submit the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). 23. Final plats and other survey work on that level shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by GPS tie networked to the City’s GPS survey or by random traverse using conventional surveying methods. The final plat data and/or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05 or subsequent legislation), Washington County, and the City of Tigard. Note: Washington County will not begin their review of the final plat until they receive notice from the Engineering Division indicating that the city has reviewed and approved the final plat.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DEPARTMENT, ATTN: Cheryl Caines (503-718-2437). The cover letter shall clearly identify where in the submittal the required information is found: 24. Prior to issuance of building permits, the applicant shall provide on the building site plan for each resulting lot or tract, the information detailed in Section 10, part 2.B-N of the Urban Forestry Manual consistent with the approved urban forestry plan. Prior to issuance of any building permits for each resulting lot or tract, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval with the building permit submittal documents. Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg@tigard-or.gov) for review and approval: 25. Prior to issuance of building permits, the applicant shall pay the addressing fee(s). (Staff contact: Karleen Aichele, 503-718-2467). 26. Prior to issuance of building permits, the applicant shall submit a paper copy of the final recorded plat. 27. Prior to issuance of building permits, the applicant shall submit as-built drawings tied to the city’s GPS network. The applicant’s engineer shall provide the City with an electronic file with points for the complete street design and each structure (walls, manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). As-built drawings must show the approved construction drawings and any and all changes from them.
28. Prior to issuance of building permits, the applicant’s engineer shall obtain city approval of a final access report which verifies design of driveways and streets are safe by meeting standards for adequate sight distance and other appropriate design parameters as set by the City and AASHTO. 29. Prior to issuance of building permits, all elements of the proposed infrastructure (such as transportation, sanitary sewer, storm drainage, water, etc.) shall be in place and operational with
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accepted maintenance plans. The developer’s engineer shall provide written certification that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to city acceptance of the subdivision’s improvements or any portion thereof for operation and maintenance.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL INSPECTION OF BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DEPARTMENT, ATTN: Cheryl Caines (503-718-2437). The cover letter shall clearly identify where in the submittal the required information is found: 30. Prior to final building inspection for any lot or tract with an active urban forestry plan, the project arborist shall perform a site inspection, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval to the city manager or designee. 31. Following final building inspection or upon acceptance by the city manager or designee when there is no final building inspection, the tree establishment period shall immediately begin and continue for a period of two years. There shall be a separate tree establishment period for each resulting lot or tract where trees are shown to be planted in the approved urban forestry plan.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION Proposal Description & Site Information: The applicant is requesting subdivision approval for a seven lot subdivision of an approximately 2.45-acre site located on the west side of SW 97th Avenue, south of SW McDonald Street. The site includes two existing parcels, each developed with a single family home. These homes are proposed to remain on future lots 2 and 6. The applicant has also requested an adjustment to reduce the front yard setback from 20 feet to 15 feet for the existing home on lot 2 to construct a public street. Single-family homes are proposed on lots ranging from 8,000 to 15,817 square feet. Vicinity Information: The site is zoned R-3.5 as are adjacent properties. Zoning to the east, across SW 97th Avenue, is R-4.5. Both are low density residential zones. The area is primarily a single family neighborhood with an elementary and middle school south of the subject site. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET A notice of a pending land use action was mailed to neighboring property owners within 500 feet of the subject site boundaries on March 9, 2015. Comments were received from six neighboring property owners. All comment letters were shared with the applicant and are included in the decision as Attachment A. All respondents commonly oppose extending SW View Terrace to SW 97th Avenue to serve the proposed subdivision. Two respondents also oppose the proposed front yard setback adjustment for the existing home on future lot 2. Some of the respondents are concerned that connecting SW View Terrace will create an unsafe pedestrian environment on the existing portion of the street that is narrow, uncurbed, and does not have a sidewalk. Other concerns include potential cut-through traffic, increased speeds along the new street, and erosion of neighborhood livability. Response: The applicant has proposed the extension of SW View Terrace. This extension meets the requirements of the Tigard Development Code for access and streets as outlined in sections 18.705 Access, Egress and
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Circulation and 18.810 Streets and Utility Improvement Standards of this report. There are no applicable Code provisions related to the traffic or livability concerns raised by the respondents which would provide a basis for denial.
SECTION V. SUMMARY OF APPLICABLE CRITERIA The following summarizes the criteria applicable to this decision in the order in which they are addressed: A. Applicable Development Standards 18.370 Variances and Adjustments 18.430 Subdivisions 18.510 Residential zoning districts 18.705 Access, Egress and Circulation 18.715 Density Computations 18.725 Environmental Performance Standards 18.745 Landscaping and Screening 18.765 Off-street parking and loading requirements 18.790 Urban Forestry Plan 18.795 Vision Clearance Areas
18.810 Street and Utility Improvement Standards
B. Impact Study
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. APPLICABLE DEVELOPMENT STANDARDS B. Development adjustments. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. The applicant has requested to reduce the front yard setback on lot 2 from 20 feet to 15 feet. This is a 25% reduction. The existing house at 14325 SW 97th Ave will now only have frontage on SW View Terrace. Setbacks for the home will be a minimum of 15.15 feet and a maximum of 18.76 feet. The request can be approved because the criteria have been met as addressed below. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The requested adjustment is the least required to achieved the desired effect. View Terrace cannot be shifted to the south to increase the setback because it would be difficult to meet reverse curve design standards for the street and still meet the requirements to allow lot size averaging. The applicant also notes that shifting the road also impacts the size of lot 7 and creates a steeper driveway for lot 6. This criterion is satisfied. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are existing trees on lot 2 along the western property line. However, these trees are not impacted by the proposed front yard setback reduction. This criterion is satisfied. c. The adjustment will not impede adequate emergency access to the site; The requested adjustment will not impede emergency access. The site will be accessed via a public street. Provision of the public through street will actually improve emergency access to the site and neighboring properties. This criterion is satisfied.
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d. There is not a reasonable alternative to the adjustment which achieves the desired effect. As noted above, shifting the street to the south is not feasible for this development. Removal or relocation of the existing home is not reasonable. Therefore, there is not an alternative to the adjustment that achieves the desired effect. This criterion is satisfied. 18.430 SUBDIVISIONS
18.430.020 General Provisions
D. Lot averaging. Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district.
The minimum lot size for the R-3.5 zoning district is 10,000 square feet. The average lot size is greater than 10,000 square feet (11,290). Two of the proposed lots (1 and 7) are smaller than the minimum but are not less than 80% of the minimum or 8,000 square feet. 18.430.040 Approval Criteria: Preliminary Plat A. Approval criteria. The approval authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; Compliance with the specific regulations and standards of the zoning ordinance are addressed in greater detail in the following sections of this decision and have been shown to either comply with the applicable zoning ordinance and other applicable ordinances and regulations or may be conditioned to meet regulations through this decision. 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; In a December 19, 2014 letter, the applicant’s representative states that the proposed subdivision name is Adamamy Terrace, which has been approved by Washington County. A copy of the Washington County Subdivision Plat Naming Form was not submitted. This standard can be met with the following condition of approval Prior to final plat approval, the applicant shall submit an approved Washington County Subdivision Plat Naming Form. 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions 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 The extension of SW View Terrace will align with and match the right-of-way width of the existing section of SW View Terrace to the west. This street will intersect with SW 97th Avenue at a 90 degree angle. An additional eight feet is being dedicated along SW 97th to meet current requirements. This standard is met. 4. An explanation has been provided for all common improvements. The applicant’s narrative provides an explanation for all common improvements, as required. Specific details of the proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards; Section 18.810. This standard is met.
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FINDING: Based on the analysis above, the preliminary plat approval standards for subdivisions have not been fully met but can be with a condition of approval. 18.510 RESIDENTIAL ZONING DISTRICTS
The site is located in the R-3.5: Low-density residential zoning district. The R-3.5 zoning district has the following dimensional requirements: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-3.5 Proposed
Minimum Lot Size
Detached unit 10,000 sq. ft. 8,000 sq. ft. min
15,817 sq. ft. max.
Average Minimum Lot Width, Detached Units 65 ft. More than 65 ft.
Maximum Lot Coverage N/A N/A
Minimum Setbacks1
Front yard
Side facing street on corner & through lots
Side yard
Rear yard
Side or rear yard abutting more restrictive zoning district
Distance between property line and front of garage
20 ft.
20 ft.
5 ft.
15 ft.
N/A.
20 ft.
Verified at BUP
Verified at BUP
Verified at BUP
Verified at BUP
N/A
Verified at BUP
Maximum Height 30 ft. Verified at BUP
Minimum Landscape Requirement N/A N/A
According to the applicant’s site plan, the proposed lots range in size from 8,000 square feet to 15,817 square feet. The average minimum lot width is exceeded with lot 6 having the narrowest width of 65 feet. The existing homes comply with the minimum setback requirements with the exception of the front yard setback on lot 2. An adjustment has been requested and approved that reduces the setback on lot 2 from 20 to 15 feet to accommodate the existing home. Compliance with setbacks and building height requirements for the future homes will be verified prior to the issuance of building permits for the individual lots. FINDING: Based on the analysis above, development standards in the R-3.5 residential zone have been met or will be verified at the time of building permit issuance. 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.020 Applicability of Provisions A. When provisions apply. The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. The proposal is a seven lot subdivision, which is considered development; therefore these provisions apply. 18.705.030 General Provisions D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. As shown on the applicant’s site plan, all lots will take access from a public street. Lots 1 and 7 will have access on SW 97th Avenue and all others will access on the proposed, internal public street (SW View Terrace). This standard is met.
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H. Access management. 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the city and AASHTO (depending on jurisdiction of facility). The applicant has submitted an access report showing that the proposed design is expected to meet these standards. To ensure compliance with this standard and the applicant’s access report, the approval will be conditioned with the following: Prior to issuance of a PFI permit, the applicant shall provide a preliminary access report that verifies that the design of all site driveway and street connections are safe by meeting appropriate standards such as roadway geometric standards and sight distance. Show permitted street parking on the plans. Prior to issuance of building permits, the applicant’s engineer shall obtain city approval of a final access report that verifies design of driveways and streets are safe by meeting standards for adequate sight distance and other appropriate design parameters as set by the City and AASHTO. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant’s traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. There are no arterials or collector streets adjacent to or near the site. Both SW 97th Avenue (neighborhood route) and SW View Terrace are local streets. The closest street to View Terrace is SW Brooklyn Lane to the south. The spacing exceeds 125 feet so this requirement is met.
I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1 and 18.705.2.
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 or fewer
units) Number Dwelling Unit/Lots
Min. Number of
Driveways Required
Min. Access Width Min. Pavement
Width
1 or 2 1 15′ 10′
3-6 1 20′ 20′ The proposed vehicular access and egress for the project is consistent with the minimum 10-foot paved driveway within a 15-foot-wide access way. This standard is met. FINDING: Based on the analysis above, the Access, Egress and Circulation standards are not fully met but can be met through conditions of approval.
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18.715 DENSITY COMPUTATIONS 18.715.010 Purpose The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the total site acres: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard “Significant Tree Grove Map” or “Significant Habitat Areas Map”; 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20% of gross acreage, b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area; 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site.
Residential Density Calculations
Buildable Land Area
Gross Area (SF) 100,659
Subtractions
1. Sensitive Land Areas 0
2. Park Dedications 0
3. Public Rights-of-Way (actual) -18,829
5. Area for Existing House 0
Existing House – Lot 2 -15,817
Existing House – Lot 6 -10,507
Subtotal: Subtractions 45,153
Density Transfer 0
Net Buildable Land Area 55,506
Maximum Residential Units Calculation
Net Buildable Land Area 55,506
(divide by) Minimum Lot Area in R-
4.5 Zone
10,000
Maximum Residential Units 5.55 additional units
Minimum Residential Units Calculation
Maximum Number of Units
Allowed
5.55
(multiply by) 0.8 80%
Minimum Residential Units 4.44 additional units
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B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B of this section by 80% (0.8). There are two existing homes on the site. The lots for these two homes must be subtracted from the gross site area, along with the area dedicated for public right-of-way. As shown in the density computation above, the maximum number of additional units that can be created is 5 units and the minimum is 4. The applicant is proposing five additional units; therefore the minimum and maximum density standards are met. FINDING: According to the computation above, both the standards for maximum number of lots and the minimum number of lots is met by the proposal. 18.725 ENVIRONMENTAL PERFORMACE STANDARDS These standards require that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any given zoning district which is discernible without instruments at the property line of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: The proposal is for a subdivision of land to accommodate detached single-family residential houses, which is permitted within the R-3.5 zone. These Environmental Performance standards will apply to each of the residences after construction. 18.745 LANDSCAPING AND SCREENING
18.745.040 Street Trees A. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III) permits.
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The application is for a seven lot subdivision being processed through a Type II procedure. Therefore, the following Street Tree standards apply. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum number of required street trees shall be determined by rounding to the nearest whole number. Dividing the linear street frontage (approximately 900 feet) by 40, results in a requirement of 23 street trees. As shown on the Tree Canopy Site Plan (Sheet L1), the applicant has proposed to use one (1) existing tree and plant 22 new street trees in the right of way; however, the existing tree must be removed to construct the sidewalk along SW 97th Avenue. Therefore, the applicant is conditioned to submit a modified tree plan showing one additional tree that meets street tree planting standards or pay a fee-in-lieu. This standard can be met as conditioned. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. Root barriers are proposed and the applicant states that street trees will be planted in accordance with the planting standards of the Urban Forestry Manual. The proposed street trees are found on the approved street tree lists and meet the minimum size and spacing requirements. This standard is met. D. Street trees required by this section shall be provided adequate soil volumes according to the Street Tree Soil Volume Standards in the Urban Forestry Manual. Street tree soil volume standards are set forth in Section 12 of the Urban Forestry Manual, with minimum soil volume requirements linked to right of way width as measured from back of curb towards the subject site. As proposed in the preliminary Street Cross Sections (Sheet 7), this measurement is 11 feet. These widths require a minimum soil volume of 500 cubic feet per street tree. Soil volumes proposed are more than 500 cubic feet per street tree. This standard is met. E. Street trees required by this section shall be planted within the right of way whenever practicable according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be planted no more than 6 feet from the right of way according to the Street Tree Planting Standards in the Urban Forestry Manual when planting within the right of way is not practicable. As shown on the preliminary Soil Volume Plan (L1.0), the required street trees are proposed within the right-of-way in a planter strip behind the curb. This standard is met. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right of way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil Volume Standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. The applicant has proposed to use one existing tree (tree 25) as a street tree. This 29-inch Douglas fir tree is on-site and will be within the 97th Avenue right-of-way after dedication. However, it was determined through the Engineering Division review and subsequent site visit, that the tree must be removed to construct the public sidewalk along SW 97th Avenue. Minimum street tree requirements will be satisfied with newly planted trees and/or fee-in-lieu. These criteria are not applicable.
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G. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City’s cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required.
As previously noted, the applicant is conditioned to submit a revised plan proposing the minimum number of street trees. If changes to the approved plan are necessary during subsequent plan review or construction, the applicant shall pay a fee in lieu for trees that cannot be planted. As conditioned, this standard will be met. FINDING: Based on the analysis above, the Landscaping and Screening standards have not been fully met but can be through conditions of approval. 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.030 General Provisions B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwellings. Parking for each single family dwelling is proposed on the same lot as the dwelling. This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. FINDING: Table 18.765.2 requires 1 parking space per dwelling unit. The applicant is proposing more than one parking space per unit. One space will be located within an attached garage, and at least one other space will be provided within the driveway, consistent with this standard. 18.790 URBAN FORESTRY PLAN 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements. An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; An Urban Forestry Plan approved by a certified arborist and tree risk assessor (Peter Torres) has been provided. This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); Part 1 of Section 10 of the Urban Forestry Manual describes the components to be included in the Tree Preservation and Removal Site Plan. The preliminary Tree Removal Plan (Sheet C5) contains the required components. This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and Part 2 of Section 10 of the Urban Forestry Manual sets forth Tree Canopy Site Plan Requirements. The preliminary Tree Removal Plan and Soil Volume Plan (Sheets C5 and L1) contain the applicant’s proposal to meet the requirements by retaining existing trees and planning small stature street trees. As presented, two of the proposed lots will not meet the minimum per lot requirement when considering only the proposed trees to be planted on the lots. However,street trees may be included in the effective canopy, the applicant satisfies the minimum 40% effective site canopy coverage and 15 % effective canopy coverage per lot when considering the proposed street trees. This standard is met.
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4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared by the project arborist. The report includes the required inventory data for the existing open grown trees (UFM Section 10, Part 3, and Subsection D) including condition rating, preservation rating, species, canopy area, and percentages of effective tree canopy. B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent effective tree canopy cover will not be provided through any combination of tree planting or preservation for the overall development site (excluding streets) or that the 15% effective tree canopy cover will not be provided through any combination of tree planting or preservation for any individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation requirements in the Urban Forestry Manual. The site meets the canopy requirements; therefore, this standard does not apply. FINDING: Based on the analysis above, the urban forestry plan requirements have been fully met. 18.790.060 Urban Forestry Plan Implementation C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11, part 2 of the Urban Forestry Manual. The applicant’s proposal does not address tree establishment bond requirements. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11, Part 2. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban forestry plan. This can be met through a condition of approval. FINDING: Based on the analysis above, the applicable urban forestry implementation standards have not been fully met but can be with conditions of approval. 18.795 VISUAL CLEARANCE 18.795.030 Visual Clearance Requirements A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, 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. FINDING: The applicant states that visual clearance areas will be maintained. New home construction and driveways on each of the proposed lots will be required to meet the applicable visual clearance triangle requirement. Prior to issuance of building permits, visual clearance will be ensured through site plan review. This standard is met.
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18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS: 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street 2. No development shall occur unless streets within the development meet the standards of this chapter 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development.
The development has frontage on two public streets (View Terrace and 97th Avenue). View Terrace is the only street within the development, and it meets the standards of this chapter as addressed below. The only adjacent street is SW 97th, and the applicant has proposed to dedicate additional right-of-way and construct a sidewalk and planter strip to meet the current standard. E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1 The eastern frontage of the site is adjacent to SW 97th Avenue, which is classified as a neighborhood route with bike lanes by the Tigard Transportation System Plan. The existing street is improved with a curb and a 44-foot paved width. This exceeds the required width so the existing curb will remain. An additional 8-foot dedication is required for a sidewalk and planter behind the existing curb. The applicant’s plans show the additional eight feet required to satisfy minimum right of way requirements. A condition of approval will ensure the dedication of the additional right-of-way to provide 29 feet from centerline on SW 97th Avenue. An existing stub street (SW View Terrace) will be extended through the site to connect with SW 97th Avenue. View Terrace is a local street. The existing 50-ft right-of-way width of View Terrace is proposed to be continued through the site as a skinny street option. The TMC at 18.810.030 E. permits a lesser width where it is needed to continue an existing street. This is approvable upon a showing that the standards of Figure 18.810.4 are met. Some of the criteria are satisfied such as a traffic volume less than 500 vehicles per day and adjacent to detached single family development; however, other requirements have not been satisfied. The applicant’s plans did not show a traffic flow pattern, “No Parking” within 30 feet of the intersection and off-street parking that meets the criteria for a skinny street. This standard is not met but can be through applying the following condition:
Prior to issuance of a PFI permit; the applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will construct improvements to the
extension of S.W. View Terrace Street. The improvements shall include:
A. City standard pavement section for a Skinny Street from curb to curb equal to 24 feet (TMC
18.810.5);
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement
shall be built beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
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E. 5 foot concrete sidewalk with a 7- foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground utilities;
J. street signs and no parking signs for both sides of the street;
K. driveway aprons; and
L. extend the street profile 300 feet beyond the site to show how the proposed street will connect
to the existing street.
F. Future street plan and extension of streets.
1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division. At the applicant’s request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or 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. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the city engineer, the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. A conceptual future street connectivity plan is included with this application. The plan shows the extension of SW View Terrace (an existing stub street) through the proposed subdivision connecting SW 97th and 100th Avenues. In addition, the applicant shows the future east-west extension of SW Inez Street that is not within the development site. Based upon existing development and street patterns, additional north-south connections are not possible. This standard is met. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections. A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local, neighborhood routes and collector streets which 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 considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. 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.
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3. Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. The applicant proposes a full street connection by extending SW View Terrace to intersect with 97th Avenue. The proposed street extension provides direct access to existing neighborhood facilities, such as schools and parks. Due to the site size and the existing street and development patterns, north-south streets are not proposed. This standard is met.
N. Grades and curves. 1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. All street grades are less than 12%. This standard is met.
CC. Traffic Study
Section 18.810.030.CC requires a traffic study for development proposals meeting certain criteria.
The submitted Traffic Impact Summary finds that the 5 additional lots are anticipated to generate approximately 48
daily trips. This is less than the traffic volume thresholds of 18.810.030.CC. No excessive traffic volumes, hazard
locations, access configuration issues, or other locations as described in 18.810.030.CC have been identified in the
vicinity of the site. Therefore a traffic study is not required for this proposal.
18.810.040 Blocks A. Block design. 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 applicant has proposed the extension of SW View Terrace to 97th Avenue for access to the site. View Terrace right of way stubs to the site at the western boundary. The extension of SW View Terrace greatly reduces the length, width, and shape of blocks in the general area. Adequate building sites are provided for the uses contemplated and convenient access and circulation are provided by the through connection. There is no limiting topography in the area. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by paragraph 1 of this subsection B. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The existing block bound by McDonald Street, 97th Avenue, Pembrook Street and 100th Avenue is approximately 5,500 feet. The proposed development will create two new blocks. The northern block will be approximately 4,171 feet and the southern block will be approximately 3200 feet. Both of these blocks are still larger than the 2,000 foot maximum.
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However, the extension of View Terrace through the subdivision brings the whole area closer into compliance. The site size, existing street patterns and existing development do not allow for the creation of additional blocks. This standard is met. 18.810.060 Lots A. Size and shape. Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and: 1. No lot shall contain part of an existing or proposed public right-of-way within its dimensions. 2. The depth of all lots shall not exceed 2-1/2 times the average width, unless the parcel is less than 1-1/2 times the minimum lot size of the applicable zoning district.
The proposed lots do not contain any part of existing or proposed right of way. All lots meet the depth/width requirements. This standard is met.
B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least 25 feet unless the lot is created through a minor land partition in which case 18.162.050.C applies, or unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least 15 feet. All proposed lots have a minimum frontage of 25 feet onto a public street. This standard is met.
C. Through lots. Through lots shall be avoided except where they are essential to provide separation of
residential development from major traffic arterials or to overcome specific disadvantages of
topography and orientation, and:
1. A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and
2. All through lots shall provide the required front yard setback on each street.
There are no through lots proposed with the development. This standard is not applicable.
D. Lot side lines. The side lines of lots, as far as practicable, shall be at right angles to the street upon
which the lots front.
All lots contain right angles to the street. This standard is met.
18.810.070 Sidewalks
A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. B. Requirement of developers. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The proposed plans show sidewalks along View Terrace and 97th Avenue. However the proposed sidewalk on 97th stops short of the site boundaries to avoid existing Douglas fir trees on the south side of the property. The applicant has requested that one of the trees (#25) be used as a street tree. This request cannot be approved. Tree #25 will be too close to the sidewalk and cannot meet the street tree planting requirements even if the sidewalk were curb-tight; therefore the tree must be removed. The sidewalk must extend to the north and south property lines. The following condition of approval will ensure these requirements are met:
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Prior to issuance of a PFI permit, the applicant shall submit construction plans to the Engineering Department as a
part of the Public Facility Improvement permit, which indicate that they will construct improvements along the full
frontage of SW 97th Avenue. The improvements adjacent to this site shall include:
A. maintenance of the existing paved width, provide curb returns;
B. pavement tapers needed to tie the new improvement back into the existing edge of pavement
shall be built beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be approved by City Engineer;
I. underground existing overhead utilities;
J. street signs (if applicable); and
K. driveway apron (if applicable).
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. Public sewer is available from an existing line within SW 97th Avenue as shown on the submitted composite utility plan. The line will be extended the full length of View Terrace and be made available for future extension into the adjacent neighborhood. Connection fees shall be paid for each sanitary sewer connection. All aspects of the sanitary sewer system design shall be approved prior to obtaining a site permit, and shall be complete and approved prior to plat approval. The final design and construction of the sanitary sewer system to serve the site and any downstream impacts must be approved by the City Engineer and other appropriate agencies. The imposed conditions of approval will ensure these requirements are fully met. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns shall be shown on every development proposal plan. A Storm Water Analysis has been submitted. The composite utility plans show connection of drainage from SW View Terrace to an existing line within SW 97th Avenue. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development, and the city engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments).
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The submitted preliminary storm drain design accounts for all potential runoff from the entire upstream drainage area through the storm water line extended within View Terrace. All aspects of the storm drainage system must be approved by the City Engineer before plat approval. D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The applicant must provide stormwater detention in accordance with Clean Water Services and City of Tigard requirements. A preliminary design of a detention facility has been proposed. The applicant will need to obtain city approval of the specific detention facilities, calculations showing the adequacy, easements providing for access to these facilities, and all other aspects of the detention system prior to issuance of the PFI permit, and all aspects of the stormwater system shall be complete prior to plat approval. A condition of approval will be added to the decision to ensure these technical standards are met.
Storm Water Quality:
Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year.
A preliminary design for street side swales has been submitted. The facilities will be placed within the right-of-way and provide complete treatment for the site so a system development charge in-lieu of construction of a facility will not be required. Final storm drain design shall be submitted for PFI permit review and approval. Before the PFI permit is issued, the applicant shall obtain approval from the City Engineer and other appropriate agencies of the final storm water report and the final design of the storm drainage system to serve the site and any downstream impacts. Prior to final plat approval the applicant shall obtain approval from the City Engineer and other appropriate agencies of the construction of the storm drainage system (including maintenance plans) to serve the site and mitigation of any downstream impacts.
18.810.120 Utilities
A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
C. Exception to undergrounding requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the
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development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant’s property shall pay the fee in-lieu of undergrounding. There are overhead utilities along the SW 97th Avenue frontage requiring undergrounding. All new utilities serving the subject property shall be placed underground. FINDING: Based on the analysis above, the applicable Street and Utility Improvement standards have not been fully met but can be with conditions of approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Fire and Life Safety: The applicant shall provide approval from Tualatin Valley Fire & Rescue (TVF&R) for access and hydrant placement prior to issuance of the PFI permit. Public Water System: The City provides service in this area. The applicant shall obtain approval from Tigard Public Works of any aspects of the proposed development that would affect the water system prior to issuance of the site permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate 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 CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit.
The applicant shall follow all applicable requirements regarding erosion control, particularly those of the Federal Clean Water Act, State of Oregon, Clean Water Services, and City of Tigard including obtaining and abiding by the conditions of NPDES 1200-C or 1200-C-N permits as applicable. With the 2.5-acre size of this site, it is anticipated that a 1200-CN permit will be necessary. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to issuance of permits.
NOTICE OF DECISION PAGE 23 OF 27
SUB2014-00007/VAR2015-00002 MITCHELL SUBDIVISION
Survey Requirements The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City’s GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant’s as-built drawings shall be tied to the GPS network. The applicant’s engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). B. IMPACT STUDY SECTION 18.390.040.B.e requires that the applicant include an impact study. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet city standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. The applicant’s narrative includes an impact study that addresses impacts of the proposed development on public facilities and services. The applicant is extending an existing street (SW View Terrace) to access the homes and constructing a sidewalk and planter strip along SW 97th Avenue. The proposed subdivision is for five additional homes, traffic impacts to the city and county transportation system will be offset with frontage improvements as well as payment of the Transportation Development Tax. ROUGH PROPORTIONALITY ANALYSIS The Transportation Development Tax (TDT) is a mitigation measure required for new development and will be paid at the time of building permits. Based on Washington County implementation figures for 2014/2015, TDTs are expected to recapture approximately 29.9 percent of the traffic impact of new development on the Collector and Arterial Street system. Based on the use and the size of the use proposed and upon completion of this development, the future builders of the residences will be required to pay TDTs of approximately $40,180 ($8,036 x 5 new single-family dwelling units). Credits are provided for the two existing homes. Based on the estimate that total TDT fees cover 29.9 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this project’s traffic impact is $134,381 ($40,180 ÷ 0.299). The difference between the TDT paid and the full impact, is considered as unmitigated impact. Estimate of Unmitigated Impacts Full Impact $ 134,381 Less TDT Assessment $ 40,180 Less ROW value (2,421 sf x $3/sf) $ 808 Less sidewalk along SW 97th Ave. (255 lf x $6/lf) $ 1,530 Estimated Value of Remaining Unmitigated Impacts $ 91,863 FINDING: Using the above cost factors, it can be determined that the value of the remaining unmitigated impacts exceeds the costs of the conditions imposed and, therefore, the conditions are roughly proportional and justified.
NOTICE OF DECISION PAGE 24 OF 27
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SECTION VII. OTHER STAFF COMMENTS The City Police Department reviewed the proposal and had no objections to it. The City Development Review Engineer (Contact Greg Berry, 503-718-2468) has reviewed the proposal and provided comments in a Memorandum dated March 31, 2015, which can be found in the land use file and as an attachment to this decision (Attachment B). The findings and conclusions in the Memorandum have been incorporated into this land use decision. The City of Tigard Public Works Division provided comments about the utilities including the need for an 8-inch water pipe instead of the proposed 6-inch pipe, water connection details must be provided, and sanitary laterals must be 4 inch. These details are reviewed during the Public Facility Improvement permit review process.
SECTION VIII. AGENCY COMMENTS
Clean Water Services: Laurie Harris, 503-681-3603) has reviewed this proposal and issued a Service Provider Letter dated April 21, 2014 concluding that sensitive areas do not appear to exist on or within 200 feet of the site (CWS File No. 14-001903). Jackie Sue Humphreys, 503-681-3600 has reviewed this proposal and issued a letter dated March 23, 2015 stating that a CWS Storm Water Connection Permit Authorization is required. This authorization will be coordinated as during the PFI permit review process. Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and offered comments in a March 30, 2015 letter, which is attached as Attachment C. Mr. Wolff outlines requirements if residential fire sprinklers are elected as an alternate means of protection and that building height is limited to 30 feet on a 24 foot paved street. Note: City of Tigard height limit in the R-3.5 zone is also 30 feet; there is no conflict. Attachments:
Attachment A: Public comment letters.
Attachment B: The City of Tigard Development Review Engineer Memo, dated March 31, 2015.
Attachment C: Comment letter from Tualatin Valley Fire and Rescue
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SUB2014-00007/VAR2015-00002 MITCHELL SUBDIVISION
EXHIBIT 2
ENGINEERING COMMENTS PAGE 1
City of Tigard
Memorandum
To: Cheryl Caines, Associate Planner
From: Greg Berry, Project Engineer
Re: VAR 15-02 Mitchell Sub
Date: March 23, 2015
Access Management (Section 18.705)
Section 18.705.030.B requires site plans be presented for approval
showing how access requirements are to be fulfilled in accordance
with this chapter.
The application includes a site plan for the proposed 7-lot subdivision. This
standard is met.
Section 18.705.030.D states that all vehicular access and egress … shall
connect directly with a public or private street approved by the City for
public use and shall be maintained at the required standards on a
continuous basis.
All lots have access to a public street. This standard is met.
Section 18.705.030.H.1 states that an access report shall be submitted
with all new development proposals which verifies design of driveways
and streets are safe by meeting adequate stacking needs, sight
distance and deceleration standards as set by ODOT, Washington
County, the City and AASHTO.
The applicant has submitted an access report showing that the proposed
design is expected to meet these standards. Before obtaining a Public
Facilities Improvement permit the applicant shall provide a revised
preliminary access report which verifies that the design of all site driveways
and street connections (including new driveway connections to new streets)
are safe by meeting appropriate standards (such as roadway geometric
standards and sight distance). Upon completion of the improvements, the
applicant’s engineer shall submit a final access report to City engineering staff
which verifies design of driveways and streets to be used by site traffic are
EXHIBIT 2
ENGINEERING COMMENTS PAGE 2
safe by meeting adequate stacking needs, sight distance and deceleration
standards as set by the City and AASHTO. The applicant shall obtain
approval of this report prior to final plat approval.
Section 18.705.030.H.2 states that driveways shall not be permitted to
be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues
of traffic commonly form on approach to an intersection. The
minimum driveway setback from a collector or arterial street
intersection shall be150 feet, measured from the right-of-way line of the
intersecting street to the throat of the proposed driveway. The setback
may be greater depending upon the influence area, as determined from
City Engineer review of a traffic impact report submitted by the
applicant’s traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared
access with the adjacent parcel. If shared access is not possible or
practical, the driveway shall be placed as far from the intersection as
possible.
There are no driveways within 150 feet of a collector or arterial street. This
requirement is met.
Section 18.705.030.H.3 and 4 states that the minimum spacing of
driveways and streets along a collector shall be 200 feet. The
minimum spacing of driveways and streets along an arterial shall be
600 feet. The minimum spacing of local streets along a local street
shall be 125 feet.
There are no driveways along a collector or arterial street. The proposed
local streets meet the spacing standard.
This requirement is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and
streets adjacent shall be improved in accordance with the TDC
standards.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 3
Section 18.810.030.A.2 states that any new street or additional street
width planned as a portion of an existing street shall be dedicated and
improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E
requires a residential local street (with parking on both sides) to have a
54-foot right-of-way width and 32-foot paved section with 5-wide
sidewalks, planter strips, underground utilities, street lighting, storm
drainage, and street trees.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E
requires minimum rights-of-way and street widths for each street
classification. Streets must conform to the standards set out in this
section or as described in a street plan such as the Tigard Transportation
Plan.
The eastern frontage of the site connects to SW 97th Avenue, which is
classified as a neighborhood route by the Tigard Transportation System Plan.
The existing street is improved with a curb and a 44-foot paved width. This
exceeds the required width so the existing curb will remain. An additional 8-
foot dedication is required for a sidewalk and planter behind the existing curb.
The internal street, SW View Terrace, is a local street with a proposed right-of-
way width of 50 feet. Parking will be restricted to one side and a traffic volume
of less than 500 vehicles per day must be shown.
This standard may be met by condition.
Future Street Plan and Extension of Streets: Section 18.810.030.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. These street stubs
to adjoining properties are not considered to be cul-de-sacs since they
are intended to continue as through streets at such time as the adjoining
property is developed. A barricade shall be constructed at the end of the
street by the property owners which shall not be removed until
authorized by the City Engineer, the cost of which shall be included in
the street construction cost. Temporary hammerhead turnouts or
temporary cul-de-sac bulbs shall be constructed for stub streets in excess
of 150 feet in length.
The applicant has submitted a plan showing the pattern of existing and
proposed future streets surrounding the site. This standard is met.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 4
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing
of no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-
existing developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
A full street connection is proposed. This standard is met.
Cul-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than
200 feet long, shall not provide access to greater than 20 dwelling units,
and shall only be used when environmental or topographical
constraints, existing development pattern, or strict adherence to other
standards in this code preclude street extension and through
circulation:
• All cul-de-sacs shall terminate with a turnaround. Use of turnaround
configurations other than circular, shall be approved by the City
Engineer; and
• The length of the cul-de-sac shall be measured from the centerline
intersection point of the two streets to the radius point of the bulb,
and
• If a cul-de-sac is more than 300 feet long, a lighted direct pathway
to an adjacent street may be required to be provided and dedicated
to the City.
No cul-de-sacs are proposed.
Grades and Curves: Section 18.810.030.N states that grades shall not
exceed ten percent on arterials, 12% on collector streets, or 12% on any
other street (except that local or residential access streets may have
segments with grades up to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determined by the City
Engineer.
There are no grades approaching these standards. This standard is met.
Access to Arterials and Major Collectors: Section 18.810.030.Q states
that where a development abuts or is traversed by an existing or
proposed arterial or 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
EXHIBIT 2
ENGINEERING COMMENTS PAGE 5
feasible, the design shall minimize the traffic conflicts. The design
shall include any of the following:
• A parallel access street along the arterial or collector;
• Lots of suitable depth abutting the arterial or collector to provide
adequate buffering with frontage along another street;
• Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
• Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications,
primary access should be from the lower classification street.
There are no abutting or traversing arterial or collector streets. This
standard is met.
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City
shall require legal assurances for the continued maintenance of private
streets, such as a recorded maintenance agreement. Private streets
serving more than six dwelling units are permitted only within planned
developments, mobile home parks, and multi-family residential
developments.
No private streets are proposed.
Traffic Study: Section 18.810.030.CC requires a traffic study for
development proposals meeting certain criteria.
Mitigation of Transportation Impacts:
Policy 1.9 of Tigard’s Transportation System Plan states that the City
shall require all development to meet adopted transportation standards
or provide appropriate mitigations.
The submitted Traffic Impact Summary finds that the 5 additional lots are
anticipated to generate approximately 48 daily trips. This is less than the
traffic volume thresholds of 18.810.030.CC. No excessive traffic volumes,
hazard locations, access configuration issues, or other locations as described
in 18.810.030.CC have been identified in the vicinity of the site.
Therefore a traffic study is not required for this proposal.
Block Designs - Section 18.810.040.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.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 6
Block Sizes: Section 18.810.040.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:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation
provides equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian
connections on public easements or right-of-ways shall be provided
when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by
environmental or topographical constraints, existing development
patterns, or strict adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from
being more than 2.5 times the average lot width, unless the parcel is less
than 1.5 times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed
to meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial
streets shall have sidewalks on at least one side.
Section 18.810.070.B.2 states that if there is an existing sidewalk on the
same side of the street as the development within 300 feet of a
development site in either direction, the sidewalk shall be extended
from the site to meet the existing sidewalk, subject to rough
proportionality.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 7
Ending the sidewalk short along the southern end of the SW 97th Avenue
frontage is proposed to avoid a tree. The tree should be removed and the
sidewalk fully extended.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments
to existing mains in accordance with the provisions set forth in Design
and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and
including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems
shall include consideration of additional development within the area
as projected by the Comprehensive Plan.
Public sewer is available from an existing line within SW 97th Avenue as
shown on the submitted composite utility plans. The line will be extended
the full length of View Terrace and be made available for future extension
into the adjacent neighborhood.
Connection fees shall be paid for each sanitary sewer connection. All aspects
of the sanitary sewer system design shall be approved prior to obtaining a site
permit, and shall be complete and approved prior to plat approval.
This standard can be met by condition. Prior to obtaining the PFI permit
the applicant shall obtain approval from the City Engineer and other
appropriate agencies for the final design of the sanitary sewer system to serve
the site and any downstream impacts. Prior to final plat approval the
applicant shall obtain approval from the City Engineer and other appropriate
agencies of the construction of the sanitary sewer system to serve the site and
mitigation of any downstream impacts.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
A Storm Water Analysis has been submitted. The composite utility plans
show connection of drainage from SW View Terrace to an existing line
within SW 97th Avenue.
Accommodation of Upstream Drainage: Section 18.810.100.C states
that a culvert or other drainage facility shall be large enough to
accommodate potential runoff from its entire upstream drainage area,
whether inside or outside the development. The City Engineer shall
EXHIBIT 2
ENGINEERING COMMENTS PAGE 8
approve the necessary size of the facility, based on the provisions of
Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
The submitted preliminary storm drain design accounts for all runoff that
currently flows onto the subject property. All aspects of the storm drainage
system must be approved before plat approval.
Effect on Downstream Drainage: Section 18.810.100.D states that
where it is anticipated by the City Engineer that the additional runoff
resulting from the development will overload an existing drainage
facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the
potential condition or until provisions have been made for storage of
additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
The applicant must provide stormwater detention in accordance with Clean
Water Services and City of Tigard requirements. A preliminary design of a
detention facility has been proposed. The applicant will need to obtain city
approval of the specific detention facilities, calculations showing the
adequacy, easements providing for access to these facilities, and all other
aspects of the detention system prior to issuance of the PFI permit, and all
aspects of the stormwater system shall be complete prior to plat approval.
Storm Water Quality:
Surface Water Management (SWM) regulations established by Clean
Water Services (CWS) Design and Construction Standards (adopted by
Resolution and Order No. 07-20) which require the construction of on-
site water quality facilities. The facilities shall be designed to remove
65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In
addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
A preliminary design for street side swales has been submitted. The facilities
will be placed within the right-of-way and provide complete treatment for the
site so a system development charge in-lieu of construction of a facility will
not be required. Detailed design must show runoff from the swale on the
north side of the street continuing in a piped system without overflowing.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 9
Final storm drain design shall be submitted for PFI permit review and
approval. Before the PFI permit is issued, the applicant shall obtain approval
from the City Engineer and other appropriate agencies of the final storm
water report and the final design of the storm drainage system to serve the
site and any downstream impacts. Prior to final plat approval the applicant
shall obtain approval from the City Engineer and other appropriate agencies
of the construction of the storm drainage system (including maintenance
plans) to serve the site and mitigation of any downstream impacts.
Utilities:
Section 18.810.120 states that all utility lines, 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, and:
• The developer shall make all necessary arrangements with the
serving utility to provide the underground services;
• The City reserves the right to approve location of all surface
mounted facilities;
• All underground utilities, including sanitary sewers and storm
drains installed in streets by the developer, shall be constructed
prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid
disturbing the street improvements when service connections are
made.
Exception to Under-Grounding Requirement: Section 18.810.120.C
states that a developer shall pay a fee in-lieu of under-grounding costs
when the development is proposed to take place on a street where
existing utilities which are not underground will serve the
development and the approval authority determines that the cost and
technical difficulty of under-grounding the utilities outweighs the
benefit of under-grounding in conjunction with the development. The
determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for
which under-grounding would result in the placement of additional
poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from
the applicant’s property shall pay a fee in-lieu of under-grounding.
There are overhead utilities along the SW 97th Avenue frontage requiring
undergrounding.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 10
All new utilities serving the subject property shall be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH
STREET AND UTILITY IMPROVEMENT STANDARDS:
Fire and Life Safety:
The applicant shall provide approval from the Tualatin Valley Fire and
Rescue for access and hydrant placement before issuance of the PFI permit.
Public Water System:
The City provides service in this area. The applicant shall obtain approval
from Tigard Public Works of any aspects of the proposed development that
would affect the water system prior to issuance of the site permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate 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 CWS regulations, the applicant is
required to submit an erosion control plan for City review and approval
prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant
Discharge Elimination System (NPDES) erosion control permit be
issued for any development that will disturb one or more acre of land.
Since this site is over five acres, the developer will be required to
obtain an NPDES permit from the City prior to construction. This
permit will be issued along with the site and/or building permit.
The applicant shall follow all applicable requirements regarding erosion
control, particularly those of the Federal Clean Water Act, State of Oregon,
Clean Water Services, and City of Tigard including obtaining and abiding by
the conditions of NPDES 1200-C or 1200-C-N permits as applicable. With
the 2.5-acre size of this site, it is anticipated that a 1200-CN permit will be
necessary.
A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surface drainage of all lots,
and show that they will be graded to ensure that surface drainage is directed to
the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from a
EXHIBIT 2
ENGINEERING COMMENTS PAGE 11
street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots will have
natural slopes between 10% and 20%, as well as lots that will have natural
slopes in excess of 20%. This information will be necessary in determining if
special grading inspections and/or permits will be necessary when the lots
develop.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within
the City of Tigard. An addressing fee in the amount of $50.00 per address
shall be assessed. This fee shall be paid to the City prior to issuance of
permits.
Survey Requirements
The applicant’s final plat shall contain State Plane Coordinates [NAD 83 (91)]
on two monuments with a tie to the City’s global positioning system (GPS)
geodetic control network (GC 22). These monuments shall be on the same line
and shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to grid
north. These coordinates can be established by:
• GPS tie networked to the City’s GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant’s as-built drawings shall be tied to the GPS
network. The applicant’s engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
EXHIBIT 2
ENGINEERING COMMENTS PAGE 12
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR
TO ISSUANCE OF A PFI PERMIT:
Submit to the Engineering Department (Greg Berry, 503-718-2468 or
greg@tigard-or.gov) for review and approval:
. A Public Facility Improvement (PFI) permit is required for this project
to cover street, drainage, and utility improvements and any other work
in the public right-of-way. Four sets of detailed public improvement
plans shall be submitted for review to the Engineering Department.
NOTE: these plans are in addition to any drawings required by the
Building Division and should only include sheets relevant to public
improvements. Public Facility Improvement (PFI) permit plans shall
conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the City’s web page (www.tigard-
or.gov).
The PFI permit plan submittal shall include the exact legal name,
address and telephone number of the individual or corporate entity
who will be designated as the “Permittee”, and who will provide the
financial assurance for the public improvements. For example, specify
if the entity is a corporation, limited partnership, LLC, etc. Also specify
the state within which the entity is incorporated and provide the name
of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of
project documents.
The applicant shall provide a construction vehicle access and parking
plan for approval by the City Engineer. The purpose of this plan is for
parking and traffic control during the public improvement construction
phase.
Prior to issuance of a PFI permit the applicant shall provide a
preliminary access report which verifies that design of all site driveway
and street connections are safe by meeting appropriate standards such
as roadway geometric standards and sight distance. Show permitted
street parking on the plans.
The applicant shall submit construction plans to the Engineering
Department as a part of the Public Facility Improvement permit, which
indicate that they will construct improvements along the frontage of
SW 97th Avenue. The improvements adjacent to this site shall include:
A. maintenance of the existing paved width, provide curb
returns;
EXHIBIT 2
ENGINEERING COMMENTS PAGE 13
B. pavement tapers needed to tie the new improvement
back into the existing edge of pavement shall be built
beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage
necessary to convey surface and/or subsurface runoff;
E. 5 foot concrete sidewalk with a 5 foot planter strip;
F. street trees in the planter strip spaced per TDC
requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be
approved by City Engineer;
I. underground existing overhead utilities;
J. street signs (if applicable); and
K. driveway apron (if applicable).
The applicant shall submit construction plans to the Engineering
Department as a part of the Public Facility Improvement permit, which
indicate that they will construct improvements to the extension of S.W.
View Terrace Street. The improvements shall include:
A. City standard pavement section for a Skinny Street
from curb to curb equal to 24 feet (TMC 18.810.5);
B. pavement tapers needed to tie the new improvement
back into the existing edge of pavement shall be built
beyond the site frontage;
C. concrete curbs, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage
necessary to convey surface and/or subsurface runoff;
E. 5 foot concrete sidewalk with a 7- foot planter strip;
F. street trees in the planter strip spaced per TDC
requirements;
G. street striping;
H. streetlight layout by applicant’s engineer, to be
approved by City Engineer;
I. underground utilities;
J. street signs and no parking signs for both sides of the
street;
K. driveway aprons; and
L. extend the street profile 300 feet beyond the site to
show how the proposed street will connect to the
existing street.
Prior to issuance of the PFI permit, the applicant shall obtain city
approval of a preliminary plat showing sufficient right-of-way
dedication for proposed streets and required easements.
.
EXHIBIT 2
ENGINEERING COMMENTS PAGE 14
Prior to issuance the PFI permit the applicant shall obtain approval
from the city engineer and other appropriate agencies for the final
design of the sanitary sewer system to serve the site and any
downstream impacts.
Prior to obtaining the PFI permit the applicant shall obtain approval
from the city engineer and other appropriate agencies of the final
storm water report and the final design of the storm drainage system
to serve the site, provide detention and mitigate any downstream
impacts.
. Prior to obtaining the PFI permit the applicant shall provide approval
from TVF&R for access and hydrant placement.
.
. Prior to obtaining the PFI permit the applicant shall obtain city
approval of design plans for water quality facility as required by Clean
Water Services Design and Construction Standards and the city of
Tigard and shall address potential downstream drainage issues, and shall
include a proposed maintenance plan.
Prior to obtaining the PFI permit the applicant shall obtain approval
from the city engineer of the final design of the water system to serve
the site and provide required fire flows.
A final grading plan shall be submitted showing the existing and
proposed contours. The plan shall detail the provisions for surface
drainage of all lots, and show that they will be graded to ensure that
surface drainage is directed to the street or a public storm drainage
system approved by the Engineering Department. For situations where
the back portions of lots drain away from a street and toward adjacent
lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots
will have natural slopes between 10% and 20%, as well as lots that will
have natural slopes in excess of 20%. This information will be
necessary in determining if special grading inspections and/or permits
will be necessary when the lots develop.
Prior to issuance of the PFI permit the applicant shall obtain a 1200-C
or 1200-C-N General Permit issued by CWS through the City of Tigard
pursuant to ORS 468.740 and the Federal Clean Water Act. Comply
with all other applicable erosion control requirements.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR
TO APPROVAL OF THE FINAL PLAT:
EXHIBIT 2
ENGINEERING COMMENTS PAGE 15
Submit to the Engineering Department (Greg Berry, 503-718-2468 or
greg@tigard-or.gov) for review and approval:
Prior to final plat approval the applicant shall pay the city’s current
final plat review fee.
Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat
prepared by a land surveyor licensed to practice in Oregon, and
necessary data or narrative.
B. Attach a check in the amount of the current final plat review
fee (Contact Planner On Duty, at 503-718-2421
C. The final plat and data or narrative shall be drawn to the
minimum standards set forth by the Oregon Revised Statutes (ORS
92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for SW 97th Avenue (an
additional 8 feet required for a sidewalk and planter) and SW View
Terrace Street (50 feet) shall be made on the final plat.
E. NOTE: Washington County will not begin their review of
the final plat until they receive notice from the Engineering
Department indicating that the City has reviewed the final plat and
submitted comments to the applicant’s surveyor.
F. After the City and County have reviewed the final plat,
submit a mylar set of the final plat for City Engineer signature (for
partitions), or City Engineer and Community Development Director
signatures (for subdivisions).
Pay addressing fee. (Staff contact: Karleen Aichele, 503-718-2467)
Place a note on the final plat that no structures, fences, walls or
vegetation over three feet high will be placed in the visual clearance
triangles.
Final plats and other survey work on that level shall contain State Plane
Coordinates [NAD 83 (91)] on two monuments with a tie to the City’s
global positioning system (GPS) geodetic control network (GC 22).
These monuments shall be on the same line and shall be of the same
precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid
north. These coordinates can be established by GPS tie networked to
the City’s GPS survey or by random traverse using conventional
surveying methods. The final plat data and/or narrative shall be drawn
to the minimum standards set forth by the Oregon Revised Statutes
(ORS 92.05 or subsequent legislation), Washington County, and the
City of Tigard. Note: Washington County will not begin their review of
EXHIBIT 2
ENGINEERING COMMENTS PAGE 16
the final plat until they receive notice from the Engineering Division
indicating that the city has reviewed and approved the final plat.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Prior to issuance of building permits, the applicant shall submit a
paper copy of the final recorded plat.
Prior to issuance of building permits, the applicant shall submit as-
built drawings tied to the city’s GPS network. The applicant’s
engineer shall provide the City with an electronic file with points for
the complete street design and each structure (walls, manholes, catch
basins, water valves, hydrants and other water system features) in the
development, and their respective X and Y State Plane Coordinates,
referenced to NAD 83 (91). As-built drawings must show the
approved construction drawings and any and all changes from them.
Prior to issuance of building permits, the applicant’s engineer shall
obtain city approval of a final access report which verifies design of
driveways and streets are safe by meeting standards for adequate sight
distance and other appropriate design parameters.
Prior to issuance of building permits, all elements of the proposed
infrastructure (such as transportation, sanitary sewer, storm drainage,
water, etc.) shall be in place and operational with accepted
maintenance plans. The developer’s engineer shall provide written
certification that all improvements, workmanship and materials are in
accord with current and standard engineering and construction
practices, and are of high grade, prior to city acceptance of the
subdivision’s improvements or any portion thereof for operation and
maintenance.
.
www.tvfr.com
Training Center
12400 SW Tonquin Road
Sherwood, Oregon
97140-9734
503-259-1600
South Operating Center
8445 SW Elligsen Road
Wilsonville, Oregon
97070-9641
503-649-8577
North Operating Center
20665 SW Blanton Street
Aloha, Oregon 97078
503-649-8577
Command & Business Operations Center
and Central Operating Center
11945 SW 70th Avenue
Tigard, Oregon 97223-9196
503-649-8577
March 30, 2015
Cheryl Caines
City of Tigard
13125 SW Hall Blvd
Tigard, Oregon
97223
Re: Mitchell Subdivision
Thank you for the opportunity to review the proposed site plan surrounding the above named development
project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following criteria and
conditions of approval:
FIRE APPARATUS ACCESS:
1. 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 fire code official. (OFC
503.1.1) Note: If residential fire sprinklers are elected as an alternate means of protection and the
system will be supported by a municipal water supply, please contact the local water purveyor for
information surrounding water meter sizing. Contact the fire code official for an application for the
alternate means and method approval.
2. AERIAL FIRE APPARATUS ROADS: Buildings with a vertical distance between the grade plane and the
highest roof surface that exceeds 30 feet in height shall be provided with a fire apparatus access road
constructed for use by aerial apparatus with an unobstructed driving surface width of not less than 26 feet.
For the purposes of this section, the highest roof surface shall be determined by measurement to the eave
of a pitched roof, the intersection of the roof to the exterior wall, or the top of the parapet walls, whichever
is greater. Any portion of the building may be used for this measurement, provided that it is accessible to
firefighters and is capable of supporting ground ladder placement. (OFC D105.1, D105.2) Building
heights will be limited to 30 feet with street width of 24 ft shown.
3. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked
vehicles and 20 feet of unobstructed driving surface, “No Parking” signs shall be installed on one or both
sides of the roadway and in turnarounds as needed. Signs shall read “NO PARKING - FIRE LANE” and
2
shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18
inches high and shall have red letters on a white reflective background. (OFC D103.6)
NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2):
1. 20-26 feet road width – no parking on either side of roadway (signage to indicate the no parking)
2. 26-32 feet road width – parking is allowed on one side (signage to indicate the no parking side)
3. Greater than 32 feet road width – parking is not restricted
4. AERIAL APPARATUS OPERATING GRADES: Portions of aerial apparatus roads that will be used for
aerial operations shall be as flat as possible. Front to rear and side to side maximum slope shall not
exceed 10%.
5. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and
operational prior to any combustible construction or storage of combustible materials on the site.
Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1)
FIREFIGHTING WATER SUPPLIES:
6. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for one and
two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the
structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC
Appendix B. (OFC B105.2)
7. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or
flow test modeling of water availability from the local water purveyor if the project includes a new structure
or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400
feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they
were performed within 5 years as long as no adverse modifications have been made to the supply system.
Water availability information may not be required to be submitted for every project. (OFC Appendix B)
8. WATER SUPPLY DURING CONSTRUCTION: Approved firefighting water supplies shall be installed and
operational prior to any combustible construction or storage of combustible materials on the site. (OFC
3312.1)
FIRE HYDRANTS:
9. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue
reflective markers. They shall be located adjacent and to the side of the center line of the access roadway
that the fire hydrant is located on. In the case that there is no center line, then assume a center line and
place the reflectors accordingly. (OFC 507)
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10. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts,
bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312)
11. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the
circumference of fire hydrants. (OFC 507.5.5)
BUILDING ACCESS AND FIRE SERVICE FEATURES
12. PREMISE IDENTIFICATION: New and existing buildings shall have approved address numbers, building
numbers or approved building identification placed in a position that is plainly visible from the street or road
fronting the property. The numbers shall contrast with their background. Where required by the fire code
official, address numbers shall be required in additional approved locations to facilitate emergency
response. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches.
ADDITIONAL COMMENTS: The above listed criteria are preliminary potential applicable conditions that MAY
apply to this project.
If you have questions or need further clarification, please feel free to contact me at (503) 259-1504.
Sincerely,
John Wolff
John Wolff
Employee Name
Deputy Fire Marshal II
Cc: