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09/12/2005 - Packet • AGENDA'"'' City of Tigard Connarity Dezd-0pn'nt TIGARD PLANNING COMMISSION S apingA Better Comnztnity SEPTEMBER 12, 2005 7:00 p.m. TIGARD CIVIC CENTER — TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS AND COMMITTEE REPORTS 4. APPROVE MINUTES 5. PUBLIC HEARINGS 5.1 SUBDIVISION (SUB) 2004-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2004- 00001/ZONE CHANGE (ZON) 2005-00002/ADJUSTMENT (VAR) 2005- 00028/ADJUSTMENT (VAR) 2005-00067 LIVINGSTON LANE TOWNHOMES REQUEST: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. LOCATION: 10895 SW 95th Avenue; WCTM 1S135BD, Tax Lot 400. ZONES: R-12: Medium-Density Residential District, and R- 4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, . 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. 5.2 SUBDIVISION (SUB) 2005-00007/PLANNED DEVELOPMENT REVIEW (PDR) 2005- 00003/ZONE CHANGE (ZON) 2005-00005/SENSITIVE LANDS REVIEW (SLR) 2005- 00008/SENSITIVE LANDS REVIEW (SLR) 2005-00009/ADJUSTMENT (VAR) 2005- 00031 ARLINGTON HEIGHTS NO. 3 SUBDIVISION "URBAN SERVICES AREA" REQUEST: A request for approval of a 64-lot Subdivision and Planned Development on 16.82 acres in two phases. The lots, between 5,032 and 8,069 square feet in size, are proposed to be developed with detached single-family homes. Phase I consists of 53 lots on approximately 14.13 acres and Phase II consists of 11 lots on approximately 2.69 acres. Sensitive Lands Review is required because the proposed site contains slopes greater than 25% and two drainageways. The applicant is also seeking an Adjustment to exceed the grade standard for the extension of SW Summerview Drive from 15% to approximately 20%. LOCATION: The project is located on the north side of SW Beef Bend Road, south of SW Summerview Drive in Tigard's Urban Services • •• Area; WCTM 2S109DA, Tax Lot 2100, and 2S110CB, Tax Lots 600 and 700. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-7: The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810, and the Bull Mountain Community Plan. 6. OTHER BUSINESS 7. ADJOURNMENT • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes September 12, 2005 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Buehner, Caffall, Duling, Haack, Inman, Meads, and Munro. Also present was David Walsh, Commission alternate. Commissioners Absent: Staff Present: Dick Bewersdorff, Planning Manager; Gary Pagenstecher, Associate Planner; Matt Scheidegger, Associate Planner; Kim McMillan, Development Review Engineer; Jerree Lewis, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS AND COMMITTEE REPORTS The Commission will have a joint meeting with Council on October 11th to talk about the Urban Renewal Plan. The public hearing for the Urban Renewal Plan is scheduled for October 17tH Commissioner Meads reported that the Park and Recreation Board is meeting tonight. They are hosting someone from Metro who will talk about the Nature in Neighborhoods Program. Commissioner Buehner reported that the City Center Advisory Commission has been discussing and finalizing the Public Outreach Program which will be presented to Council on September 13th. The Commission has been determining its work program and has been discussing the proposed boundaries for the Urban Renewal District. There has also been discussion about a change in election law which may change the election date for the Urban Renewal Plan. Commissioner Munro said she did not attend the Downtown Task Force meeting last week. Commissioner Duling advised that Barbara Shields discussed the Urban Renewal Public Outreach Plan with the Committee for Citizen Involvement. The Committee also held a discussion with a Hispanic outreach panel about ways to reach out to the Hispanic community in Tigard. • PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 1 • • President Padgett reported that CPO-4B has formed a committee to study future governance of unincorporated Bull Mountain. The committee will not make a recommendation —they will provide information to CPO-4B. The options they are considering include 1) annexing to Tigard; 2) annexing to King City; 3) maintaining the status quo; 4) forming their own city; 5).having a "super service district" whereby they would contract through Washington County for all services. 4. APPROVE MEETING MINUTES It was moved and seconded to approve the August 15, 2005 meeting minutes as submitted. The motion passed unanimously. 5. PUBLIC HEARINGS 5.1 SUBDIVISION (SUB) 2004-00011/PLANNED DEVELOPMENT REVIEW (PDR) 2004-00001/ZONE CHANGE (ZON) 2005-00002/ADJUSTMENT (VAR) 2005- 00028/ADJUSTMENT (VAR) 2005-00067 LIVINGSTON LANE TOWNHOMES REQUEST: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. LOCATION: 10895 SW 95th Avenue; WCTM 1 S135BD, Tax Lot 400. ZONES: R-12: Medium-Density Residential District, and R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. Commissioner Meads reported a site visit. STAFF REPORT Associate Planner Matt Scheidegger presented the staff report on behalf of the City. He advised that the proposal was originally scheduled for a hearing on April 4, 2005, however the application was withdrawn. The current application is for 14 lots on 1.43 acres (11 single-family attached dwellings, 2 detached dwellings, and 1 existing detached dwelling). There are 2 zoning districts involved — R4.5 and R12. Water quality will be in a vault under Street 'A'. The applicant has requested a density bonus. The applicant does not disagree with the conditions of approval in the staff report, therefore, staff recommends approval of the request. Kim McMillan, Development Review Engineer, advised that there was an omission in Condition #5. The 24'width of pavement referred to in 5-A should be extended beyond the property frontage until it meets a section of the road that has 24', so there is adequate 2-way paving section. According to staff, it appears PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 2 • • this would be about 2 or 3 lots to the south. Condition #5 should be amended to reflect this. President Padgett asked about Section 18.705.030.H.3 and 4 in the staff report, "The minimum spacing of local streets along a local street shall be 125 feet." It appears the applicant only has 85' of spacing. Ms. McMillan advised that we have to grant them one access point and staff felt this was the best location, even though it doesn't meet the 125' requirement. Matt Scheidegger advised that the code can be altered through the Planned Development process —the applicant does not have to ask for an adjustment. Commissioner Inman pointed out that page 19 of the staff report shows that the applicant did request an adjustment. Commissioner Buehner noted that some of the units don't have minimum setbacks for the driveway. She asked if it would be possible to provide parking spaces at the end of Street 'A'. Staff said the issue is parking in the driveways. Sometimes sidewalks are allowed in the easements on narrow streets. Unfortunately, that doesn't work for driveways because cars tend to park over the sidewalks. Having tandem garages should help alleviate the problem in this development. Commissioner Inman noted that the applicant has asked for a variance for backyard setback reductions for lots 2 and 3, however, the plans do not show any reductions. Staff said that the original application had backyard setback reductions for lots 2 and 3. There are no reductions with the new submittal, however the staff report was not changed. President Padgett noted that he has not made a formal site visit to the property, however he lived close-by for about 20 years. APPLICANT'S PRESENTATION Mark Person, 4230 NE Fremont, Portland, OR 97213 testified that the applicant asked for a site distance reduction. They are going through the Planned Development process to allow for more flexibility and to have narrower streets. Storm water will be collected and treated on-site. Sandie Russo, 9400 SW Stone Creek Drive, Beaverton, OR 97007 stated that this will be a structured and attractive community. Person went over the tree protection plan and said an arborist will be on site. Russo said they bought additional land so they could save 3 birches and a red maple. Commissioner Inman pointed out that the 3 birches were marked for removal on the plans. The applicant reported that they plan to replace the apple trees with something younger and more street worthy. They are not sure if an PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 3 • • arsenic study has been done on the property. Russo stated they do not have any plans for the open space at this time. Staff advised that if this request was not a PD overlay, they could have 13 lots instead of 14. With regard to extra parking at the end of Street "A", the applicant advised they have to meet the turn around standards for TVF&R. PUBLIC TESTIMONY— IN FAVOR Barbara Davis, 9405 SW North Dakota, Tigard, OR 97223 said she's not for or against the project — she just has questions. She said the neighborhood meeting planned for last April was cancelled and they have not had another one since. She has concerns about the impact of more traffic, especially with the larger development going in across 95th (Longstaff). Staff advised that the City has not seen an application for the other subdivision yet. If that project generates enough traffic in conjunction with existing traffic on the adjacent streets, there will be a report. They may also be required to improve 95th Street. Davis asked for clarification about the distance between streets and asked about the difference between a planned development and a regular development. PUBLIC TESTIMONY— IN OPPOSITION Phil Decker, 14540 SW 148th Place, Tigard, OR 97223 questioned if the applicant held a valid neighborhood meeting and asked if staff had documentation showing that a meeting had been held. He remarked that all too often neighborhood meetings are more of a "shell game" than they are anything of substance = there is a failure to take minutes, failure to provide adequate notice, failure to submit notes of the meeting. He did not list specific meetings where this happened. Staff advised that there is a notarized affidavit of mailing for the January 2, 2004 neighborhood meeting in the file. The file also contains the meeting questions, the sign-in sheet, and minutes of the meeting. Only one neighborhood meeting is required. The Commission discussed John Frewing's comments (Exhibit A). Staff advised that these same questions were submitted at the earlier application last spring and that the questions were addressed in the staff report. Regarding drainage, Matt Scheidegger advised that a review of the wetland map, the GIS system, and the FEMA floodplain map doesn't show that this development is in the wetlands or floodplain. Scheidegger also stated that he did not find any evidence that any of the proposed development lies within the Meadowview subdivision. He said he did not see any issues noted in Frewing's letter that would preclude the Planning Commission from making a decision tonight. APPLICANT'S REBUTTAL None PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 4 • • PUBLIC HEARING CLOSED Commissioner Caffall said he had no questions and was OK with what he heard. Commissioner Haack said he was inclined to support the application, although he had design issues with the 2 southern lots. Commissioner Anderson believes that with the 53 conditions to be met, he would support the application. Commissioner Duling said she had no comment; it's a small subdivision without a lot of impact. Commissioner Inman listed her objections to the proposal: • sun-orientation should not be an applicable criteria for requesting a density bonus • the building architecture does not look extraordinary and does not justify a density bonus • there is no landscaping plan for the open space and there is no way to know how the space will be utilized or what it will look like • the plan does not look like it has a lot of thought involved • there is no street tree or landscaping plan • • • doesn't see where there has been any great effort to keep trees • she does not feel that the application justifies a PD overlay and doesn't agree with any density bonuses • Commissioner Munro said she was disappointed with the quality of plans, but supports the overall proposal. She believes the application meets the criteria. Commissioner Buehner doesn't see any justification for density bonuses. She suggested the developer use meandering sidewalks to help save trees. Commissioner Meads agreed with Commissioner Inman. Commissioner Padgett said he doesn't like giving density bonuses if they haven't been earned or justified. He doesn't believe there is anything unique about this subdivision. He is opposed to the application as it stands. Commissioner Buehner moved for approval of Subdivision (SUB) 2004- 00011/Planned Development Review (PDR) 2004-00001/Zone Change (ZON) 2005-00002/Adjustment (VAR) 2005-00028/Adjustment (VAR) 2005-00067, based on the staff report, testimony heard, making the adjustment suggested by staff in Condition #5 [the 24'width of pavement referred to in 5-A should be extended beyond their property frontage until it meets a section of the road that has 24', so there is adequate 2-way paving section], addressing the backyard setback so that the minimum be required (not allow a reduction), and eliminating the density bonus, which would reduce the number of lots by 1 unit. Commissioner Meads PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 5 • • seconded the motion. The motion passed by a vote of 6 to 3. Commissioners Buehner, Duling, Haack, Meads, Munro, and Padgett voted in favor; Commissioners Inman, Anderson, and Caffall voted in opposition. 5.2 SUBDIVISION (SUB) 2005-00007/PLANNED DEVELOPMENT REVIEW (PDR) 2005-00003/ZONE CHANGE (ZON) 2005-00005/SENSITIVE LANDS REVIEW (SLR) 2005-00008/SENSITIVE LANDS REVIEW (SLR) 2005- 00009/ADJUSTMENT (VAR) 2005-00031 ARLINGTON HEIGHTS NO. 3 SUBDIVISION "URBAN SERVICES AREA" REQUEST: A request for approval of a 64-lot Subdivision and Planned Development on 16.82 acres in two phases. The lots, between 5,032 and 8,069 square feet in size, are proposed to be developed with detached single-family homes. Phase I consists of 53 lots on approximately 14.13 acres and Phase II consists of 11 lots on approximately 2.69 acres. Sensitive Lands Review is required because the proposed site contains slopes greater than 25% and two drainageways. The applicant is also seeking an Adjustment to exceed the grade standard for the extension of SW Summerview Drive from 15% to approximately 20%. LOCATION: The project is located on the north side.of SW Beef Bend Road, south of SW Summerview Drive in Tigard's Urban Services Area; WCTM 2S109DA, Tax Lot 2100, and 2S110CB, Tax Lots 600 and 700. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-7: The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810, and the Bull Mountain Community Plan. Commissioners Haack, Duling, Buehner, and Meads reported site visits. Commissioner Buehner also attended the neighborhood meeting. STAFF REPORT Associate Planner Gary Pagenstecher advised that the City has received a letter from the applicant asking for a 30 day postponement (Exhibit B). He noted that the applicant needs to waive the 120 day rule. APPLICANT'S PRESENTATION Tom Weber, 12755 SW 69th Ave., Suite 100, Portland, OR 97223 testified that he is requesting a postponement to the next available Planning Commission meeting. He advised that there are some design issues that need to be addressed before proceeding. He does not anticipate changes in the site plan After brief discussion, Weber requested the meeting be continued to October 3rd He agreed to waive the 120 day rule. PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 6 • • Commissioner Buehner asked Mr. Weber about dedicating Tracts A & B to the City or if it would stay with the Homeowner's Association. At the next meeting, she would like to know 1) what are the options in terms of dedicating the tracts to the public — are talks continuing; and 2) if it won't be dedicated to the public, will there will be a path through the development? Commissioner Buehner moved to continue the public hearing for the Arlington Heights 3 Subdivision to October 3`d, conditioned upon staff having time to review any changes that are made. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 8:23 p.m. „..//////1-e_ Ail-- T'erree Lewis, a i g Commissio Secretary Akip ,/ATT : Pr !ident Mark Padgett ' PLANNING COMMISSION MEETING MINUTES—September 12,2005—Page 7 Witt Schelde•••er Livin•ston Lane Townhomes Page 1 El"b,k From: "John Frewing" <jfrewing @teleport.com> To: "Matt Scheidegger"<MATTS @ci.tigard.or.us> Date: . 9/12/2005 1:18:49 PM Subject: Livingston Lane Townhomes Matt: Just returned from being out of town. Please provide the comments below as my input before the planning commission on the matter of Livingston Lane Townhomes tonight I believe I forwarded these or similar comments in April,.2005 to you, but don't see any evaluation of them in the record (either by Tigard staff or developer)which I reviewed at City Hall today. I would appreciate such review and response by both developer and staff. In addition to the comments below, today, in looking at the drainage plans, it shows a drainage retention pond outside the boundary of the property included in the plat My initial opinion is that the drainage retention pond should be on the site of the development I don't see any evidence that the developer has ownership or control of the proposed drainage pond site. Thank you. John Frewing, 7110 SW Lola Lane,Tigard, OR 97223 jfrewing @teleport.com LIVINGSTON LANE QUESTIONS A GENERAL I don't see any notice that this application involves an overlay zone change for PD. In this same concern, the'Landuse Proposed Description' in the planning file indicates that this matter is a Type 2 decision before the planning commission. TCDC 18.390 doesn't appear to have Type 2 decisions heard initially by the Planning Commission. I thought PD applications called for a Type 3 decision process. Which is right? Planned Developments'predominantly contain discretionary approval criteria'as opposed to other approvals,which involve ministerial permits and'clear and objective'approval criteria. See TCDC 18.390. In order for the public to reasonably review applications and effectively participate in the decision, the staff should display how it has evaluated the discretionary criteria of TCDC 18.350, showing the considerations which lead to its recommendation to the Planning Commission and allowing the Planning Commission, as the approving body,to perform its own evaluation of alternatives in making findings or directing staff to develop findings regarding the discretionary approval criteria. I don't find any alternatives analysis in the staff report. Should there not be such an analysis,with alternative findings available to the Planning Commission? The requirement of TCDC 18.350.090 A 1 doesn't appear to be met. It requires a statement of planning objectives to be achieved through the particular approach proposed by applicant, including a description of the character of the proposed development and the rationale behind the assumptions and choices made by applicant. I read this in light of the purposes of a PD,which are found at 18.350.010. The only objective I find in the application is for the developer to"have increased flexibility and increased options of development style". • tt Scheidegger- Livingston Lane Townhomes Page 2: • S There is no evidence of a narrative statement presenting information, for which"a detailed description" is "available from the Director". Similarly, there is no additional information"the content of which can be obtained from the Director". See 18.350.090. The public hearing notice does not indicate that TCDC 18.720 is an applicable code section with approval criteria, even though the applicant DID provide some information in this regard. The notes from neighbors indicate concern regarding design compatibility, and it seems this should be addressed by staff and given public notice. Why was this code section not advertised? . B PLANNED DEVELOPMENT ISSUES The approval criterion of TCDC 18.350.100 B.3.a.1 does not appear to be addressed. It calls for preservation of trees, topography and natural drainage'to the greatest degree possible'. The application merely says that it is met'as described in this narrative and shown on development plans' Where in the narrative and development plans is this criterion addressed? As one example of what might be considered to meet this criterion,the applicant might provide pervious pavement for driveways-such would allow infiltration of rain to the ground rather than rapidly running off and creating peak flow problems in our streams. The requirement of TCDC 18.350.110 that the shared open space shown on the site drawings must be- conveyed in a way that ensures continued use for purpose shown, continuity of property maintenance, availability of funds for maintenance, adequate insurance and recovery for loss is not addressed in the application nor staff review. This code section says that such arrangements must be approved by City Attorney. This is not a'clear and objective'standard,which can be deferred to a later date; why should it not be shown here and given opportunity for public review? This application appears to be for BOTH a conceptual and detailed development plan, but the information is presented in a mixed way, so that a reviewer cannon determine what is the approved concept plan. This makes it not possible to determine whether the detailed plan is substantially different from the • conceptual plan. Can you point to the exact description of the conceptual development plan which is being approved by the Planning Commission? The minimum landscape requirements of 18.745(20 percent) are not specified on plans which I have reviewed. How are these requirements met? The required impact study does not evaluate how this development will impact all public facilities, ie • schools and does not quantify impacts on those facilities which are addressed. • Ma tt Scheidegger-Livingston Lane Townhomes Page 31 • • B DENSITY The record has in it two memos of interest. One states that developer is seeking lot line adjustment to gain 2800 sq ft from the lot to the west, in order to'put project into compliance with city density requirements.' There is no evidence this has happened. What density requirement is failed without this addition of site area? The other memo asks city if 95th Ave sidewalk can be on an easement, rather than dedicated public r/w so as to eliminate some area subtractions in determining net developable area. It is not stated anywhere what the answer to this question was or should be. In calculating the net developable area,there seem to be at least two items which are not subtracted from gross site area. First is the wetland associated with the stormwater drainage facility on Tract B(TCDC 18.715.020 A 1.d). Potentially, all of Tract B should be subtracted from 'net development area'because, as I understand, it will become the property of and maintained by Tigard as a drainage facility, after some period of trial use. Second, I don't see that TCDC 18.715.020 A.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', has been subtracted from gross site area in determining net development area. • Applicant has proposed a bonus award of 10 percent increase in density, but the necessary benefits/improvements of open space, architectural character and/or site variation which 'make a substantial contribution to objectives of the planned development'are not apparent to me and the necessary findings do not appear anywhere in the staff decision. In the portion of the development zoned R-4.5, single family attached housing is proposed (a quadplex). I read the TCDC to say that in such zone, single family attached housing is only allowed as a conditional use. See TCDC 18.510. Should there not be an application for conditional use, meeting the criteria of 18.330 considered as part of this application? • The lots at south end of the proposed development, Lots 11-14 and Tract A, appear to lie within the approved"Meadowview'subdivision. I don't know the restrictions on the Meadowview subdivision and 'ask what impact such restrictions might have on the proposed Livingston Lane Townhomes development. Can you explain such interaction to me? C ACCESS, SIDEWALKS AND STREET DESIGN • I am concerned that the street designs of Livingston Lane Townhomes do not meet the requirements of TCDC 18.810, that the parking requirements do not meet 18.765, that the access provisions do not meet 18.705. Can you tell me how these requirements are met? No adjustments are requested. The following issues are of particular concern:. M.tt Scheide••er-Livin•ston Lane Townhomes Pa•e 4 • Private streets don't meet the cross section of Figure 18.810.6. Sidewalk and planter strips are not provided. - Sidewalks are not provided from each tri and quadplex to the common open space/recreational facility of Tract A(18.705.030 F.2) No ped/bicycle access is provided between this development and the apartment complex to the west(18.705.030 L.3). The alternative access is to travel on undeveloped sides of SW 95th and SW North Dakota Street-much longer on narrow roadways. Parking restrictions are not shown on private streets; required parking off street does not meet standards of 18.765 when partial parking spaces are interpreted to mean at least one more parking space. - An access plan for pedestrians to reach the closest transit facilities(on Greenburg) is not provided (18.810.070)-one condition of approval,which would benefit Tigard would be to require developer participation in construction of a sidewalk from this site along 95th and Shady Lane (around a sharp corner with limited visibility)to existing sidewalks to the north. This is important because this site is in or so close to the Washington Square Regional Center. DRAINAGE Neighbors have expressed concern about drainage. I have the following concerns: Uphill drainage will flow on to the open space and recreation Tract A and make it not usable to Livingston Lane Townhomes,.let alone people from neighboring areas. - The floodplain rules state that the 1996 flood inundation line governs where it exceeds the FEMA map floodplain line. I have heard from neighbors that Ash Creek flooding reached this site in 1996 and so portions of this site should be considered flood plain. The bottom elevation of the stormwater drainage facility appears to lie within the floodplain elevation. The northwest portion of the site is depressed and constitutes a natural drainageway which should be evaluated as'sensitive' land. Reed canarygrass grows there because water accumulates there during much of the growing season. Water accumulates here because the adjacent berm of the abandoned railroad restricts flow directly to Ash Creek. The proposed drainage outlet to the ditch along SW 95th Ave will aggravate flooding on Tax Lot 600 (which is at the corner of SW 95th and Shady Lane), on to which this ditch drains. There is no improved drainage from this ditch to Ash Creek; it should be required as part of this development. • • • • TERRA-WEBER, LLC Property Development September 9, 2005 By Facsimile ' (503) 684-7297 Gary Pagenstecher Associate Planner City of Tigard 13500 SW Hall Blvd. Tigard, Oregon 97223 . Re: Arlington Heights III(Case File No. SUB 2005-00007) Dear Gary, We are hereby requesting a thirty day postponement of the scheduled September 12, 2005 Subdivision and Planned Development hearing before the Tigard Planning Commission for the above referenced application. Thank you for your assistance in this regard and we apologize for any inconvenience the postponement may cause. Sincerely, s m Weber Terra-Weber, LLC 12755 SW 69th Ave.,Suite 100,Portland,OR 97223. Office: 503.517.8284•Fax: 503.601.3524 • ,_.1114At CITY OF TIGARD TIGARD PLANNING COMMISSION ROLL CALL HEARING DATE: q-i - 0-3 STARTING TIME: 9 :at) Q1� . COMMISSIONERS: MARK PADGETT (PRESIDENT) MARTY ANDERSON GRETCHEN BUEHNER REX CAFFALL TEDDI DULING BILL HAACK JODIE INMAN KATHY MEADS JUDY MUNRO (VICE-PRESIDENT) DAVID WALSH, ALTERNATE STAFF PRESENT: V DICK BEWERSDORFF JIM HENDRYX MORGAN TRACY BARBARA SHIELDS MATT SCHEIDEGGER JULIA HAJDUK GARY PAGENSTECHER DUANE ROBERTS KIM MCMILLAN BETH ST. AMAND GUS DUENAS . • COMMUNITY The foll CITY OF PUBLIC HEARING ITEM • I I. owing will 11 be be considered by the Tigard Planning NEWSPAPEIS Commission on Monday September 12. 200 . at 7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. 6605 SE Lake Road, Portland,OR 97222• PO Both public oral and written testimony is invited. The public hearing Box 22109•Portland,OR 97269 on this matter will be conducted in accordance with Chapter 18.390 Phone:503-684-0360 Fax: 503-620-3433 of the Tigard Municipal Code,and the rules of procedure adopted by Email: the Planning Commission. Testimony may be submitted in writing • legaladvertising @commnewspapers.com prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence AFFIDAVIT OF PUBLICATION sufficient to allow the hearings authority and all the parties to respond State of Oregon, County of Washington, SS on the request,precludes an appeal,and failure to specify the criterion 9 Y g from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal to the Land Use I, Charlotte Allsop, being the first duly sworn, Board of Appeals based on that criterion. depose and say that I am the Accounting Further information may be obtained from the Planning Division Manager of The Times(serving Tigard, (staff contact: Mathew Scheidegger) at 13125 SW Hall Blvd., Tualatin & Sherwood), a newspaper of Tigard, Oregon 97223, or by calling 503-639-4171. A copy of the application and all documents and evidence submitted by or on behalf general circulation, published at Beaverton, in of the applicant and the applicable criteria are available for inspection the aforesaid county and state, as defined by at no cost. If you want to inspect the file, please call and make an ORS 193.010 and 193.020, that appointment with either the project planner or the planning technicians. A copy of the staff report will be made available for City of Tigard-Public Hearing inspection at no cost at least seven(7)days prior to the hearing, and (SUB)2004-00011 Livingston Lane copies for all items can also be provided at a reasonable cost. PUBLIC HEARING ITEM: CNI TT10649 SUBDIVISION(SUB)2004-00011/PLANNED DEVELOPMENT REVIEW(PDR)2004-00001/ a copy of which is hereto annexed,was ZONE CHANGE(ZON)2005-00002/ADJUSTMENT(VAR) published in the entire issue of said 2005-00028/ADJUSTMENT(VAR)2005-00067 newspaper for > LIVINGSTON LANE TOWNHOMES< 1 REQUEST: A request for approval for a 14-lot Planned Development(PD)Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, successive and consecutive weeks in the two new 'single-family detached units, and one existing detached following issues single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to August 25, 2005 apply the PD overlay. The applicant is also requesting a setback GXiiP adjustment to the rear yard setbacks of proposed llts#2 and#3 from O 15 to 12.67 feet. LOCATION: 10895 SW 95 Avenue; WCTM C1 15135BD, Tax Lot 400. ZONES: R-12: Medium-Density Charlo tte Allso p (Accounting Accountin Manager) Residential District, and R-4.5: Low-Density Residential District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, Subscribed and sworn to before me this 18.715, 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and rOT 18.810. August 2005 F��—_� iC� t� I .nw�4 -, %�' r {� ■` \� 1 Sue2OO4-00011 r �� -QY W �� I 100 0001 ' I ----,\ 10112115-01192 NOTARY PUBLIC FOR°W ON N j -� ��` �;' 1 YAR2005-00128 My commission expires , rz I� , /n--f' `1 YM20154116/ 0" I Zi 1 r , -1 1 UYINGSTON LANE i - t SITE ' 10WNNOMES ■ Acct# 10093001 F ' u `'� f �� `'� City of Tigard . —. T— �_ r Attn:Accounts Payable 4`–'�``` 13125 SW Hall Blvd ` , , �, ` ' ft i ( I G Tigard OR 97223 "°"'" 1 L -- F ' +; - I . - r , 1- T--1 -- r H 1_41-1 L___ i Size (off i— ". Amount Due $ -po 7- r –�—' _m..:"° •remit to address above :'., r!-1 , 1 r i I F--iir~• TT10649 Publish 8/25/05 TIGARD • PLANN*4G COMMISSION A!, CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM#: $ Page l of DATE OF HEARING: 11)-1 O� CASE NUMBER(S): � a D0 4 --00011 I u 1 077 Y - d d bD l OWNER/APPLICANT: I/11/11 S4 a h L. h nL n e LOCATION: /v 8-95 st t .95"x' `4U� PLEASE PRINT)YOUR NAME, ADDRESS, AND ZIP CODE tP-ROPONENT.=(For the proposal)? OPPONENT (Against the proposal) (Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation) Name: 11(6(A r IL r stl Name: (Ph1Z--' Address: 2 3 V' Fr-e ski S� Address: A714—Ye7 Gj C(, 1410' TC City: ?)/ 4 N L9 State: G IZ Zip: q 1 213 City: zi j te: 0,2/ Zip: q20-24,1 t/.5'Name: Name: 9^ � -SYTI �' aat.- Address: ress: City: / V State: G{� Zip: '7 dc/7 City: State: Zip: Name: -jC,.( ara IS Name: • Address: ?(-1'S S(A) iO(4(nk Address: City:17;yut State: of- Zip: q7-,,,/3 City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: • • NOTICE OF FINAL ORDER NO. 2005-04 PC A, BY THE PLANNING COMMISSION CITY OF TIGARD Community Oeveropment FOR THE CITY OF TIGARD, OREGON Shaping A Better Community A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A PLANNED DEVELOPMENT SUBDIVISION AND ZONE CHANGE, AND DENYING THE TWO ADJUSTMENTS. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON SEPTEMBER 12 2005. THE PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER. 120 DAYS = WAIVED SECTION I. APPLICATION SUMMARY FILE NAME: LIVINGSTON LANE TOWNHOMES CASE NOS.: Subdivision (SUB) SUB2004-00011 Planned Development Review (PDR) PDR2004-00001 Zone Change (ZON) ZON2005-00002 Adjustment (VAR) VAR2005-00028 Adjustment (VAR) VAR2005-00067 REQUEST: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. The applicant also applied for an Adjustment to the street spacing standard of Chapter 18.705 however, after further review, this application is not necessary. OWNER/ Robert Law & Sandie Russo APPLICANT'S WB Wells & Associates APPLICANT: 12655 SW North Dakota Street REP: Attn: Mark Person Tigard, OR 97223 4230 NE Fremont Street Portland, OR 97213 ZONING DESIGNATIONS: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. R-4.5; The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 10895 SW 95TH Avenue; WCTM 1S135BD, Tax Lot 400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 1 OF 41 PLANNING COMMISSION HEARING 9/12/2005 I • SECTION II. PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed development meets the applicable approval criteria of the Tigard Community Development Code and that the proposal will not adversely affect the health, safety and welfare of the City. The Planning Commission, therefore, APPROVES SUB2004-00011, PDR2004-00001, ZON2005-00002, and DENIES VAR2005-00028 and VAR2005-00067. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover frontage improvements and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.ci.ticiard.or.us). 2. 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. 3. 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. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 5. 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 a half-street improvement along the frontage of SW 95 Avenue. The improvements adjacent to this site shall include: - ••-• , e . _ •• • Planning Commission Amendment: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 16 feet, but in no case shall there be less than 24 feet of paving total from the new curb, along site frontage. In addition, thg applicant shall provide 24 foot pavement width from development to a point on SW 95" where the pavement meets or exceeds the 24-foot minimum pavement width. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 2 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; 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; underground utilities; J. street signs (if applicable); K. driveway apron Of applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 95th Avenue in a safe manner, as approved by the Engineering Department. 6. The public sidewalks along the SW 95th Avenue frontage shall extend to the property lines. An asphalt ramp will be constructed at the end of the public sidewalk. The applicant shall revise the plans to reflect these requirements. 7. The private streets shall be place in a Tract, not ROW. 8. The sidewalks serving the private streets shall be placed in an easement or tract. Setbacks for the proposed detached units (#13 and #14) will be measured from the interior edge of the sidewalk. 9. A profile of SW 95th Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 10. No lots shall be permitted to access directly onto SW 95th Avenue. 11. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 12. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 13. The applicant shall provide a public sewer easement for the extension of the sewer main in the private streets. 14. Prior to construction, the applicant's design engineer shall submit documentation, for review by the City (Kim McMillan), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. 16. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility Improvement (PFI) permit plans. 17. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 18. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 3 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 19. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant is required to reduce the lot size of the existing house to 4,000 square feet. 21. The applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. 22. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection Steps" identified in Robert Mazany Letter of April 30, 2004 shall be reiterated in the construction documents. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 23. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 24. Prior to commencing site work, the applicant shall submit a bond, cash deposit or other security for the equivalent value of mitigation required (number of caliper inches times $125 per caliper inch). If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the security may be correspondingly reduced. Any trees planted on the site or off site in accordance with Section 18.790.060 (D) will be credited against the security, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the security as a fee in-lieu of planting. 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 CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 25. Submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. 26. Provide a plan including the visual clearance triangles at the intersection of proposed Street "A" and Street "B". 27. Provide a note on the final plat that restricts construction of fences over three (3) feet in height within the visual clearance triangle. 28. Submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as part of the required percentage. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 4 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 29. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney for the proposed open space in regard to the following: A. The continued use of such land for the intended purposes; B. Continuity of property maintenance; C. When appropriate, the availability of funds required for such maintenance; D. Adequate insurance protection; and E. Recovery for loss sustained by casualty and condemnation or otherwise. 30. Provide documentation of a plat name reservation from the Washington County Surveyor's Office. 31. Choose a street name for proposed Streets "A" and "B" which will be reviewed by the Engineering Department. 32. If the proposed driveways will be adjacent to each other the applicant will be required to provide joint access with cross-over easements and maintenance rights for each unit. 33. Provide a new landscape plan that shows street trees along all frontage roads of the proposed project. 34. Prior to final plat approval the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ' s or the Tree Protection Plan is not being followed by the contractor, the Cily can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 35. Prior to final plat approval, the applicant shall pay the addressing fee. STAFF CONTACT: Shirley Treat, Engineering). 36. Prior to final plat approval, the applicant's engineer shall provide final sight distance certification for the intersection of the private street with SW 95 Avenue. 37. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 38. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 39. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 40. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality/detention facility will be jointly owned and maintained by the developer or by the future homeowners within the subdivision. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 5 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 41. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private water quality/detention facility. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 42. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). 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. 43. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 9205), Washington County, and by the City of Tigard. D. The right-of-way dedication for SW 95 Avenue shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 44. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. 45. Submit a tree mitigation plan for 38-inches. 46. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 47. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the lacement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 6 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 48. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 49. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 50. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 51. Prior to issuance of building ermits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features)) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 52. The applicant shall either place the existing overhead utility lines along SW 95th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 6475.00 and it shall be paid prior to issuance of the building permits. 53. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 7 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • . 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat A• •lication Submission Re•uirements: ree copies o e su••'vision p a prepare* .y a an. surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 8 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans, therefore, have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION. SECTION III. BACKGROUND INFORMATION Site History The property is currently developed with one single-family residence. A search of city records was conducted; two Minor Land Partitions are associated with the parcels that have reconfigured the R-4.5 portion of the project to be included with the parent parcel (the R-12 portion). This application was previously withdrawn because the project did not meet the density requirements. No other land- use application for the subject parcels was found. Vicinity Information: 95th The site is located within the city limits, north of SW Greenburg Road on the west side of SW 95 Avenue. The subject property is bordered by a multi-family complex to the west, wetlands to the north and single-family to the east and south. Proposal Information: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting.a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City sent notice to property owners within 500 feet of the subject proposal. One letter was received from a neighbor with the following concerns: I don't want to live near an apartment (townhomes/condos), that's why we moved here, to get away from that atmosphere. This is a nice neighborhood of homeowners. Staff Response: The proposed units are considered single-family residential units that are intended to be sold as individual homes. Attached units are allowed within the R-12 zoning district which is described as Medium-Density Residential. The R-12 zoning district is able to accommodate multi-family (apartments) structures just like the adjoining property to the west. Therefore, the proposed attached single-family homes are an alternative to the multi-family alternative. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 9 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION V. DECISION MAKING PROCEDURES, PERMITS AND USE USE CLASSIFICATION: SECTION 18.130.020 Lists the Use Categories. The applicant is seeking approval of a fourteen (14) lot subdivision on 1.43 acres. The lots are to be developed with (11) new attached single-family homes, two detached single-family home and one pre- existing detached single-family home will remain. Lot sizes within the development are between 1,724 and 4,210 square feet. The site is located within two separate zoning districts, the R-12, and the R-4.5 zoning district. Planned Developments are permitted in all districts. The applicant has applied for conceptual and detailed planned development approval in conjunction with the subdivision. SUMMARY LAND USE PERMITS: CHAPTER 18.310 Defines the decision-making type to which the land-use application is assigned. This is a Planned Development/Subdivision, which is defined as a Type III-PC Application as described below. The applicant has applied for a Planned Development in order to provide smaller lot sizes, exceed the maximum number of units off of a private street, open space and altered setbacks in order to offer a specific product (mix of attached and detached units). DECISION MAKING PROCEDURES: CHAPTER 18.390 Describes the decision-making procedures. Type III procedures apply to quasi-judicial permits and actions that contain predominantly discretionary approval criteria. Type 111-PC actions are decided by the Planning Commission with appeals to the City Council. Type III-HO actions are decided by the Hearings Officer with appeals to City Council. In cases where both the Hearings Officer and Planning Commission are involved, the Planning Commission has preferential jurisdiction, per Tigard Development Code (TDC) Section 18.390.080(D)(2)(a). SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS GENERAL PLANNED DEVELOPMENT STANDARDS: CHAPTER 18.350 The applicant has requested a Planned Development (PD) overlay zone change for the subject property. The PD overlay requires developers to follow the Planned Development process for any proposal on affected sites. The Planned Development chapter provides for flexibility in development design and allows deviation from certain standards of the base zone. The following addresses compliance with the process and applicable base zone standards. The Planned Development Process: Section 18.350.030 states that there are three elements to the planned development approval process, as follows: • The approval of the planned development overlay zone; • The approval of the planned development concept plan; and • The approval of the detailed development plan. This application is for all three elements of the planned development process, overlay zone, concept plan, and detailed plan. Applicability Of The Base Zone Development Standards: Section 18.350.070 requires compliance to specific development standards: The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 10 OF 41 PLANNING COMMISSION HEARING 9/12/2005 0 • The lot sizes range between 1,705 and 4,210 square feet, and one tract is proposed to accommodate a small park (Tract A) of 5,841 square feet. The required lot size for the R-12 zoning district is 3,050 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet unless an applicant specifically requests different lot sizes through the Planned Development (PD) process, as is the case for this proposal. There is no minimum lot width for the R-12 zoning district; and the R-4.5 zoning district has a 50-foot minimum lot width. In any case, the smallest of the proposed lots will have a width of twenty (20) feet in the R-12 zone. Average lot depths range from approximately 68-122 feet deep. The applicant has identified and detailed the requested lot dimensional standards for this development, and the minimum and maximum density requirements have been satisfied as discussed later in this report under 18.715 (Density Computations). Site coverage: The site coverage provisions of the base zone shall apply; There is an eighty (80) percent maximum site coverage requirement in the R-12 zoning district. No data has been submitted to indicate that this criterion has been satisfied. There is no maximum site coverage requirement for the R-4.5 zoning district. Therefore, the applicant is required to submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. Building height: The building height provisions shall not apply; and The applicant's plans indicate two story buildings of approximately 30 feet. Structure setback provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; According to the above standard, all parcels on the perimeter of the project must meet the required front and rear yard setbacks of the zone. The applicant has applied for an adjustment to the rear yard setbacks of parcels #2 and #3, which are shown to have a reduced rear yard setback of 16 percent (fifteen feet reduced to 12.67 feet). The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code (UBC) requirements for fire walls; The applicant has shown (11) attached units, one pre-existing detached unit and two proposed detached unit. The proposed detached units are shown to have side yard setbacks of five feet, which meet the requirement. The existing detached unit has 20-foot side yard setbacks. None of the attached units has an exterior side yard setback less than.three feet. Therefore, this standard is satisfied. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street; (2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. All of the proposed units take access from a private street. The attached units have a garage setback between 15 and 20 feet which is allowed as long as the required off-street parking spaces are provided. According to the parking section of this report, the applicant intends to use the proposed driveways to meet the parking requirement. It has been interpreted that 20 feet is needed to park a car in a driveway while allowing unobstructed sidewalks. Therefore, the applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. The proposed detached units are required to have a minimum of a 20 foot front yard setback from the garage to the interior edge of the proposed sidewalk as required by the conditions of approval (condition #8). Other provisions of the base zone: All other provisions of the base zone shall apply except as modified by this chapter. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 11 OF 41 PLANNING COMMISSION HEARING 9/12/2005 0 • Any additional provisions of the base zone are discussed within the body of this report or will be reviewed during the building permit phase. General submission requirements: A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The applicant has opted to design this project as a planned development in order to have increased flexibility and increased options of development style. The planned development will allow for a community open space area in the southwest corner of the site (Tract A). A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. The applicant is hoping to obtain preliminary approval this fall and to complete engineering in the winter and get building permits and start building in the spring of 2006. If all goes as planned this project will be built and completed by summer-fall of 2006. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. The applicant intends to sell the proposed units. Therefore, this standard is satisfied. A narrative statement presenting information, a detailed description of which is available from the Director. The applicant has submitted a narrative addressing all applicable criteria of the development code. Therefore, this standard is satisfied. Additional information: In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept; 3. A grading concept; 4. A landscape concept; 5. A sign concept; and 6. A copy of all existing or proposed restrictions or covenants. The above referenced information has been included in the preliminary development application. Therefore, this standard has been satisfied. Specific planned development approval criteria. The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met; The applicant has applied to subdivide the property concurrently with the planned development approval; therefore, all subdivision criteria must be satisfied. Compliance with the subdivision approval criteria is discussed in greater detail in Chapter 18.430 (Subdivisions) later in this report. The application has met or can be conditioned such that the subdivision provisions are satisfied. This criterion is satisfied. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 12 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to ustify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. The paragraph above refers to the chapter headings below, where findings are made in order to justify the applicant's modifications to the applicable standards. Therefore, this criterion has been satisfied. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: The applicant has requested a nine percent density bonus in the submitted narrative. The applicable criteria have been addressed below. Approval of such a bonus is up to the discretion of the Planning Commission. A maximum of 3% is allowed for the provision of undeveloped common space exclusive of areas contained in floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; The applicant is providing approximately 5,841 square feet of open space in the southwest corner of the site (Tract "A'). The area is not located in a floodplain or involves slopes greater than 25 percent, drainageways, or wetlands. A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; The applicant has not proposed any developed open space at this time. A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; The applicant has roposed to orient units one through five and seven through twelve north/south to take advantage of sun orientation. Units 13 and 14 face east/west. Wherever possible, existing topography will be maintained, no excessive cutting or filling is proposed on the site. A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. According to the applicant, "all of the proposed sin le-family units will be Mascord designed and have a harmonious feel and sense of community." It is Staff's opinion that the proposed townhomes are a less obtrusive transition from the multifamily complex to the west from the single-family homes to the east. As mentioned above, approval of such a bonus is up to the discretion of the Planning Commission. Chapter 18.730, Exceptions to Development Standards; None apply. This Section is not applicable. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 13 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Chapter 18.795, Visual Clearance Areas; The applicant's plans show the areas for visual clearance at street intersections except for the intersection of proposed street "A" and Street "B". Therefore, the applicant is required to provide a plan including the visual clearance triangles at the intersection of proposed Street 'A" and Street "B". These areas, as well as the areas at the intersection of the driveways will need to be maintained free from obstructions taller than three feet in height. Any violations of this chapter will be remedied through code enforcement. A plat restriction is warranted to help ensure future owners do not construct fences within visual clearance triangles. Chapter 18.745, Landscaping and Screening; Units seven through twelve abut adjacent detached single-family homes to the south. According to Table 18.745.1 (Buffer Matrix) a ten foot buffer consisting of lawn is required. The applicant has proposed a 15-foot setback from the proposed units to the proposed southern property line abutting the adjacent homes. Therefore, this section is satisfied. Chapter 18.765, Off-street Parking and Loading Requirements; Garage setbacks have been addressed and conditioned regarding the required parking for the proposed units within this section. Parking is also addressed below under 18.765 (Off-street Parking and Loading Requirements). Chapter 18.705, Access, Egress and Circulation; and Each lot will be served by a driveway to the proposed streets. The minimum required width for a driveway is 10-feet, which will be assured at time of building permit review. The applicant has proposed an alternative street spacing which is allowed by this chapter and reviewed below under 18.705 (Access Egress and Circulation). The proposed street improvements are discussed under Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Chapter 18.780, Signs. No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. The City of Tigard has had a problem enforcing sign regulations relating to signs advertising lots and homes for sale. The applicant's acknowledgement of sign regulations is one measure the City employs to help facilitate enforcement by negating an argument by an offender that he or she was unaware of the regulations and by serving as notice that the City intends to hold the developer responsible for signs associated with sale of lots and homes in the developer's subdivisions. Such notice motivates a developer to address sign regulation compliance with the sales people/company he or she contracts with or employs to market the lots. Therefore, in accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. In addition, the following criteria shall be met: Relationship to the natural and physical environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible; There has been no evidence of slumping or sliding and the topography is relatively flat. Trees are proposed to be saved as much as possible by recording deed restrictions for each tree to be saved. With regard to preservation of topography and natural drainage, storm water runoff from the site drains to the northwest corner of the property and drains into a water quality swale located in Tract "B". This criterion has been satisfied. Structures located on the site shall not be in areas subject to ground slumping and sliding; LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 14 OF 41 PLANNING COMMISSION HEARING 9/12/2005 0 • The subject site consists of "Olyic silt loam". According to the "Soil Survey of Washington County", compiled by the United States Department of Agriculture, Olyic is classified as a well drained soil. Slopes range from five to ninety percent. The subject site's slope is less than 25 percent. There is no indication of slumping or sliding. Therefore, this standard is satisfied. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; The proposed units are required to maintain front and rear yard setbacks according to the base zone. The applicant has proposed side yard setbacks between adjacent buildings to be a minimum of six feet. The Tualatin Valley Fire Marshal has reviewed the project and has no objection to the spacing of the proposed homes. The structures shall be oriented with consideration for the sun and wind directions, where possible; and Proposed lots 1-12 are north-south facing lots with roadways separating each cluster. Therefore, these lots are considered sun oriented. Detached units 13 and 14 face east to west due to the irregular shaped parent parcel. Based on the analysis above, this criterion has been satisfied to the greatest extent possible. Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. An arborist report and tree preservation plan has been included with these application materials. Wherever possible, trees have been retained. Tree removal/retention is discussed in greater detail under 18.790 (Tree Removal). Buffering, screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; The proposed development is for a mix of attached and detached single-family homes. Proposed lots 7-12, which are proposed to be constructed with attached units abut two existing single-family homes and two proposed homes to the south. According to the buffering standards of Chapter 18.745 (Landscaping and Screening) the applicant is required to provide a minimum of a 10-foot buffer consisting of lawn. The applicant has shown a 15-foot setback that will be landscaped with a minimum of lawn. Therefore, this standard has been satisfied. In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: . The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; . The size of the buffer needs in terms of width and height to achieve the purpose; . The direction(s) from which buffering is needed; . The required density of the buffering; and . Whether the viewer is stationary or mobile. The applicant is providing five more feet than what is required between the proposed attached units and the adjacent detached units. This criterion has been satisfied. On-site screening from view from adjoining roperties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. There are no specific service areas, storage areas, parking lots or mechanical devices proposed with this development. No additional screening is required. This criterion is satisfied. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 15 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Private outdoor area -- multi-family use: Shared outdoor recreation areas -- multi-family use: These criteria relate to non-residential or multi-family structures and are not applicable to the proposed single-family development. Access and circulation: The number of allowed access points for a development shall be provided in Chapter 18.705; Each lot will have direct frontage to a private street that connects to SW 95th Avenue. Access is discussed in greater detail later in this report under Chapter 18.705 (Access Egress and Circulation). All circulation patterns within a development must be designed to accommodate emergency vehicles; and Comments from Tualatin Valley Fire and Rescue (TVF&R) indicate that the proposed circulation system for the development is acceptable if their conditions are addressed. See Section IX of this report for more details. Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The project fronts on SW 95th Avenue, which is a neighborhood route. The applicant has shown both of the proposed streets to be constrycted with sidewalks that will connect to the proposed sidewalk along the projects frontage on SW 95 Avenue. Therefore, this criterion has been satisfied. Landscaping and open space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section a of this subsection, a minimum of 20 percent of the site shall be landscaped; The applicant is required to landscape twenty (20) percent of the entire site. The applicant has not indicated how this will be accomplished. Therefore, the applicant is required to submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as part of the required percentage. Public transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: • The location of other transit facilities in the area; and • The size and type of the proposed development The required facilities shall be limited to such facilities as: • A waiting shelter; • A turn-out area for loading and unloading; and • Hard surface paths connecting the development to the waiting area The subject site abuts SW 95th Avenue, which is not a public transit route. Therefore, this standard does not apply. Signs: No signage is proposed with this application. However, the applicant has been conditioned above under 18.350.100 Planned Development Approval Criteria) to sign a copy of the City's sign compliance agreement. Therefore, this standard has been satisfied. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 16 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Parking: All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. There are no common parking lots associated with this application. Parking requirements have been satisfied by providing individual garages and driveways. Parking is discussed in greater detail later in this report under 18.765 (Off-Street Parking and Loading Requirements). Therefore, this standard has been satisfied. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 master drainage plan; Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and Clean Water Services (CWS) requirements. For a more detailed discussion of storm drainage, see the discussion of compliance with the requirement of Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. According to the FEMA floodplain maps, the adjacent 100-year floodplain has an elevation of 161. The NW corner of the subject site has an elevation of 163. Therefore, no areas of the site are within the 100-year floodplain. The Pedestrian Bicycle Pathway Plan does not designate this area to be a significant location for a pathway. Therefore, no area is required to be dedicated. Shared Open Space: Requirements for shared open space: Where the open space is designated on the plan as common open space the following applies: • The open space area shall be shown on the final plan and recorded with the Director; and • The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 17 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant has proposed a 5,072 square foot open space at the southern end of proposed Street "B . The open space "tract "will be commonly owned and maintained by the home owners through the proposed home ownership association. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney in regard to the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. FINDING: Based on the analysis above, the Planned Development standards have not been met. CONDITIONS: • The applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. • Submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. • Provide a plan including the visual clearance triangles at the intersection of proposed Street "A" and Street "B". • Provide a note on the final plat that restricts construction of fences over three (3) feet in height within the visual clearance triangle. • Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. • Submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as part of the required percentage. • A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney for the proposed open space in regard to the following:. - The continued use of such land for the intended purposes; - Continuity of property maintenance; - When appropriate, the availability of funds required for such maintenance; - Adequate insurance protection; and Recovery for loss sustained by casualty and condemnation or otherwise. Zone Change: Standards for Making Quasi-Judicial Decisions: Chapter 18.380 A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi judicial zoning map amendment shall be based on all of the following standards: Demonstration of compliance with all applicable comprehensive plan policies and map designations; The Development Code implements the goals and policies of the Comprehensive Plan and planned developments are permitted in all districts when they meet the code criteria of the Development Code. This criterion is satisfied. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and According to the analysis of sections below, the proposed zone change is, or has been conditioned to ensure compliance with the requirements for planned developments (PD) in Section 18.350.020 and all other applicable requirements. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 18 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. There is no change in circumstances or inconsistencies to the Comprehensive Plan or Zoning Map that warrants a zone change from the underlying zone. However, a zone change is necessary to place the PD overlay designation on the property. The applicant has addressed the Zone Change standards and applied for a Planned Development. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the zone change criteria have been met. Preliminary Subdivision Plat Approval Criteria: 18.430.040 Approval criteria: The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; As illustrated in this report, the proposed plat complies with the zoning ordinance and other applicable ordinances and regulations. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The applicant has not provided documentation of a plat name reservation from the Washington County Surveyor's Office. Therefore, obtaining a plat name reservation will be a condition of this approval. 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 There are no street stubs to this property from adjacent properties. Existing development precludes the ability for this applicant to provide stubs for future road service to adjacent properties. Therefore, this criterion does not apply. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements by way of a narrative and site plan. FINDING: The proposed development does not comply with all preliminary subdivision criteria. However, if the applicant complies with the condition below, this section will be met. CONDITION:Provide documentation of a plat name reservation from the Washington County Surveyor's Office. ZONING DISTRICT Residential Zoning District: Section 18.510.020 The R-12 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 3,050 square feet. Duplexes and attached single-family units are permitted outright. Some civic and institutional uses are permitted conditionally. Planned Developments are permitted in all districts provided the application satisfies all applicable criteria. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 19 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2. The subject site is designated R-12, Medium-Density Residential and R-4.5, Low-Density Residential. FINDING: Since the proposed development is a Planned Development, the R-12 and R-4.5 zoning standards can be altered to fit a specific design. The applicant is choosing to reduce side yard setbacks in order to build both attached and detached single-family homes. The proposed homes are considered to be located on the perimeter of the property and will maintain the required front and rear yard setbacks of the applicable zones except for proposed units #2 and #3 which are addressed below under 18.370 (Variances and Adjustments). Variances and Adjustments(18.3770 The applican has requested a 16% rear yard adjustments to proposed units #2 and #3. Furthermore, the applicant has requested an adjustment to the street spacing standard of 18.705.030.H.4 which requires local streets along local streets to be spaced no less than 125 feet from each other. However, the provisions within 18.705 (Access Egress and Circulation) may be altered through the Planned Development Process. Therefore, no adjustment is required for street spacing standards. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has a specific design in mind for the subject site. Also the shape of the subject parcel and the alignment of the proposed street hinders the compliance with both the required rear yard setback and the 20 foot front yard setback. Because the subjject p arcel abuts a natural area to the north the request for a rear yard setback has the least impact to fire life and safety. Therefore, the requested adjustment is the least required. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be affected by the requested adjustment. There are five trees in the general vicinity of the proposed units to be adjusted which have all been proposed to be removed due to there location within the proposed building footprint. The adjustment will not impede adequate emergency access to the site; The proposal is for a rear yard setback, which does not abut a street. Therefore, no access is available to the rear properties of the subject units. There is not a reasonable alternative to the adjustment which achieves the desired effect. The desired effect is to provide a quality home while maintaining development code standards to their greatest extent. The proposed setback adjustment will ensure there is ample space in front of the proposed home to park a car completely on the driveway without the car interfering with the proposed sidewalk. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. Access, Egress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 20 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • • Proposed Streets "A" and "B" will be developed as private streets. According to Table 18.705.1 (Vehicular access/egress requirements) streets serving three to six (3-6) units must have a minimum twenty (20) feet with twenty (20) feet of pavement. The applicant has proposed a 30-foot wide private street with (24) feet of pavement serving twelve units (Street "A). Proposed Street "B" is a 24-foot wide private street with (20) feet of pavement which then narrows to (15) feet of pavement. Proposed street `B" is shown to serve two units, which is greater than the minimum requirement of ten feet of pavement for one to two units. Therefore, this standard has been satisfied. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Access into the proposed subdivision is satisfied through two private streets within the subdivision (Street "A" and "B") that connect to SW 95`" Avenue, which has been reviewed by the City's Engineering Department and Tualatin Valley Fire and Rescue; their comments have been incorporated within this report. However, the applicant has not proposed street names for Street "A" or "B". Therefore, the applicant is required to choose a street name for proposed Street "A" and Street "B" which will be reviewed by the Engineering Department. Access to individual lots will be reviewed for compliance during the building permit phase. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, lprovided: Satisfactory legal evidence shall be presented in the form of deeds, easements, eases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access has not been proposed as part of this application. However, the applicant has proposed attached dwelling units. Therefore, if the proposed driveways will be adjacent to each other the applicant will be required to provide joint access with cross-over easements and maintenance rights for each unit. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 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. Based on the plans submitted, the proposed lots will take access from the interior streets that will connect to SW 95t Avenue, which is a neighborhood route. Streets will be reviewed in further detail under Section 18.810, (Street and Utility Improvement Standards) of the Tigard Development Code. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030.N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080: Concrete curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured alon the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 21 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • Driveways and curb cuts will be reviewed for compliance during the building permit phase. Inadequate or hazardous access: Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. The plans submitted by the applicant do not indicate any hazardous conditions associated with the proposed access into the subdivision. Standards for access as well as for fire and life safety are discussed elsewhere in this report (Section IX. Agency Comments). Therefore, this criterion is met. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. The proposed single-family lots will have access through the proposed private streets which will connect to SW 95 Avenue, which is a neighborhood route. Therefore, this standard has been met. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed subdivision is for single-family homes. Therefore, this standard does not apply. Access Management Section 18.705.030.H) 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's engineer has provided preliminary sight distance certification for the proposed access. The speed limit on SW 95 Avenue is 25 mph, requiring a minimum of 250 feet of sight distance. The engineer states that sight distance in both directions is currently obstructed by existing trees and shrubs which will be removed with construction. With the removal of the trees and shrubs the engineer expects that sight distance to be over 270 feet to the north and 325 feet to the south. The applicant's engineer shall submit a post street construction final sight distance certification 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. The proposed development is not located near an Arterial or Collector intersection. 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. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 22 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • SW 95th Avenue is classified as a Neighborhood Route, which is a local street. The proposed street (Street "A") is approximately 85 feet north of the recently approved SW Longstaff Rd. The proposed location of Street "A" is the maximum separation point possible for the subject parcel. The proposed street abuts the existing single-family home. Therefore, to move the proposed street any farther north and existing home would need to be removed and the proposed project would need to be reconfigured. This criterion has been satisfied. Minimum access requirements for residential use: Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Section 18.705.030.1.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The maximum cross slope of a required turnaround is 5%. Proposed private streets "A" and "B" are both greater than 150 feet in length. The intersection of the proposed streets serves as a hammerhead for the maneuvering of emergency vehicles. The submitted plans have been reviewed and approved by the Tualatin Valley Fire Marshal. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied. CONDITIONS: . Choose a street name for proposed Streets "A" and Street "B" which will be reviewed by the Engineering Department. . The applicant's engineer must provide a post-construction sight distance certification. . If the proposed driveways will be adjacent to each other the applicant will be required to provide joint access with cross-over easements and maintenance rights for each unit. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 23 OF 41 • PLANNING COMMISSION HEARING 9/12/2005 • • • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. 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. The net development area is determined by subtracting from the gross area, the land needed for public and private streets as well as areas for sensitive lands. The calculations are as follows: R-12 portion of site) Gross lot area 43,907 square feet Public right-of-way 9674 square feet Existing Home 4,210 square feet NET DEVELOPABLE AREA: 31,183 square feet Minimum Lot Size 3,050 square feet Maximum number of units: 9.9 units Minimum number of units: 8.1 units R-4.5 portion of site) Gross lot area 19,003 square feet Public right-of-way 1,736 square feet NET DEVELOPABLE AREA: 17,267 square feet Minimum Lot Size 7,500 square feet Maximum number of units: 2.30 units Minimum number of units: 1.8 units TOTAL: 12 additional units + 9% (discussed above under 18.350 Planned Developments) = 13 additional units. FINDING: As shown above, maximum density of the proposed planned development after subtracting 4,210 square feet for the existing home is 12-units. The applicant has asked under the Planned Development section for a nine percent increase to the maximum density. If approved by the Planning Commission, the additional density for the project will be 13-units as shown on the applicant's plans. Planning Commission Amendment: Planning Commission hereby denies the requested density increase. Therefore, the maximum density for the proposed Planned Development other than the existing home is twelve units. Design Compatibility Standards (18.720) Density transition: When a multi-family or attached single-family project abuts property zoned for detached single-family, the following design standards shall apply: Building height shall not exceed two stories or 25 feet within 30 feet of the property line or three stories or 35 feet within 50 feet of the property line; Building planes for multi-family dwellings within 50 feet of the common property line(s) and abutting public rights-of-way shall be subject to the following standards: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 24 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • • No building plane that faces the common property line shall exceed 960 square feet within 30 feet or 1,400 square feet within 50 feet of the property line; • No building plane shall have a dimension greater than 40 feet in length or 35 feet in height; • If more than one building plane faces a property line and building planes align at a common distance from the line, the building planes shall be horizontally separated by at least 20 feet. For purposes of this standard, "common distance" shall be defined as within 12 feet; • Building plane is defined as a surface that includes a building wall that extends from the ground to the top of each wall of a structure. Area is determined by multiplying the length of each wall by the height. The plane does not include roof area. When a structure along a wall juts out from the wall, or is off-set from an adjacent part less than four feet, the structure is considered part of the building plane of adjacent wall behind it. If the structure protrudes more than four feet, it represents a separate building plane. If a building plane is at an angle in relation to the property line, the midpoint of the wall shall provide the point at which the plane and related distances are measured. These concepts are illustrated in Figure 18.720.1. The proposed attached units seven through twelve abut property to the south that is zoned R-4.5 and is developed with single-family units. According to the standard above, building height shall not exceed two stories or 25 feet within 30 feet of the property line. The applicant has shown the proposed units not to exceed 22 feet in height where they abut adjoining single-family dwellings. This criterion has been satisfied. Front facades: All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. The primary ground-floor entries of the proposed attached units are oriented to the proposed streets. Proposed units seven through twelve have a maximum "plane" area of 200 square feet, which is less than the maximum square footage allowed, 500 square feet. This criterion has been satisfied. Main entrance: Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. All primary ground-floor entries are oriented to the proposed street "A". Therefore, this standard has been satisfied. Unit definition: Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation, or by providing a roof gable or porch that faces the street. Ground- level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. All of the proposed units have been shown to have a second story dormer and a first floor porch that is 48 square feet in area. Therefore, this standard is satisfied. Roof lines: Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. The applicant has proposed dormers placed 30 feet or less to create variety and to break up the roof lines. Offsets have been shown to be a minimum of four feet from the gutter. This criterion has been satisfied. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 25 OF 41 PLANNING COMMISSION HEARING 9/12/2005 Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). The applicant has proposed that all units facing the proposed streets will have trim detail on all roof lines, porches, windows and doors. Therefore this standard has been satisfied. Mechanical equipment: Roof-mounted mechanical equipment, other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. No roof mounted mechanical equipment is proposed. This standard is met. Parking: Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street, parking must be provided: In a garage that is attached to the primary structure; In a detached accessory structure located at least 50 feet from the front property line; or In a parking area at the side or rear of the site. The proposed units have garages as shown on the elevation drawings. Pedestrian Circulation: The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s) to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas, resting areas and viewpoints. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. The applicant has indicated in the narrative and on the plans that walkways will be constructed from every unit's entry to the sidewalk that will connect to SW 95t Avenue and to the proposed open space. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, The Design Compatibility Standards have been met. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 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 &i-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 roperty 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 lipermitted in any given zoning district which is discernible without instruments at the property ne of the use concerned. Odors. The emissions of odorous gases or other matter in such quantities as to be readily de eeccfable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 26 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 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. This is a combination attached and detached single-family project, which is permitted within planned developments in the R-12 zone and R-4.5 zoning districts. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigards' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. LANDSCAPING AND SCREENING: CHAPTER 18.745 Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. The R-12 zoning district requires that a minimum of 20% of the site be landscaped. The applicant has been conditioned under Chapter 18.350 to provide a landscape plan that indicates twenty (20) percent of the site has been landscaped. There is no minimum landscape requirement for the R-4.5 zoning district. Therefore, this standard has been satisfied. Section 18.745.040. states that all development projects fronting on a public street, private street, or a private driveway more than 100 feet in length after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The applicant has indicated in the narrative that street trees would be provided along SW 95th Avenue and the proposed streets within the development. However, a landscape plan showing street trees has not been provided. Therefore, a plan showing street trees will be required. Buffering and Screening - Section 18.745.050 Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter(Tables 18.745.1 and 18.745.2). Buffering and Screening has been addressed under Chapter 18.350 (Planned Developments) above. Therefore, this section has been satisfied. FINDING: As conditioned, the proposed development will comply with all applicable Landscaping and Screening requirements of Chapter 18.745. CONDITION:Provide a new landscape plan that shows street trees along all frontage roads of the proposed project. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 i his Chapter is applicable tor development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project after conditions of approval are met will create thirteen (13) lots for single-family dwellings. Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) requires that 'Residential — Single Units, Attached" meet the requirements for multi-family units. The developer anticipates the dwelling units being either two (2) or three (3) bedroom units with a minimum of one car garages for each dwelling unit plus off-street parking spaces on the concrete driveways for each dwelling. The minimum off-street parking requirement for a two bedroom dwelling unit is 1.75 parking spaces. With each proposed residence having a minimum of a one-car garage and off-street parking on the concrete driveways, the minimum off-street parking requirements Dave been adequately satisfied. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 27 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • FINDING: Based on the analysis above, the Off-Street Parking and Loading Requirements have been satisfied. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. According to the project's arborist, there are 13 trees larger than 12-inches equaling 271.2-inches. However, the arborist has included inches from trees less than 13Te-inches. Therefore, based on Staffs analysis of the tree plan, a total of nine trees exist over 12-inches in diameter equaling 159.9 inches. Of the nine trees greater than 12-inches, four are to be removed. Therefore, the applicant is retaining 56 percent of the trees on-site greater than 12-inches in diameter. Those trees to be removed equal a total of 76-inches. According to the tree removal code, the applicant must mitigate fifty percent of the trees greater than 12-inches to be removed. FINDING Based on the analysis above, the Tree Removal standards have not been met. If the applicant complies with the condition below, the standard will be met. CONDITION: Submit a tree mitigation plan for 38-inches. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all property adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial streets - the visual clearance shall not be less than 35 feet on each side of the intersection. The applicant's plans show the areas for visual clearance at street intersections except for the intersection of proposed streets "A" and Street "B". The applicant has been conditioned earlier in this report under Chapter 18.350 (Planned Developments) to submit a plan including the visual clearance triangle at the intersection of all intersections. Therefore, this standard has been satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 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. 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 Local street to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 95th Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant shall dedicate the additional ROW to provide 27 feet from centerline. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 28 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • SW 95th is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half street improvements, including 16 feet of paving from centerline, 5-foot sidewalks with a 5-foot planter strip. The minimum total width of paving is paving feet. If there is not a minimum of 8 feet of paving on the other side of centerline the applicant will be expected to construct the additional pavement width. The frontage sidewalks shall terminate at the property lines, not stop short as shown on the applicant's plans, and the AC ramps will then be constructed out to the paved section. 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. There are no opportunities for future streets or extensions of streets due to existing land-use as shown on the applicant's plans. 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. Section 18.810.030.H.2 states that 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 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. Due to existing development and sensitive areas there are no opportunities to provide public street connections. 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. SW 95th has grades that are much less than 12%, thereby meeting this criterion. 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. The applicant has proposed to private streets. These streets shall be placed in Tracts, not ROW as the applicant has stated. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 29 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) alon with the final plat that will clarify how the private property owners are to maintain the private streets). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. 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. 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. No blocks will be created by this development. Therefore, this standard does not apply. 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. As mentioned above, no blocks are created by this development. Therefore, this standard does not apply. 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. The minimum lot size of the R-4.5 zoning district is 7,500 square feet and the minimum lot size of the R- 12 zoning district is 3,050 square feet. Based on the standard above, none of the proposed parcels can be more than 2.5 times the average lot width unless they are less than 1.5 times the minimum lot size (7,500 square feet (R-4.5) 3,050 square feet (R-12). Proposed lots #6 and #9 have a lot depth that is greater than the average lot width. However, lot #6 and lot #9 are less than 1.5 times the minimum lot size of the R-12 zone. Therefore, this standard is satisfied. 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. The proposed subdivision is a planned development. Therefore, this standard does not apply. 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. The applicant's plans indicate they will be constructing sidewalks and planter strips along the SW 95th Avenue frontage, meeting this criterion. They have also indicated that they will construct a 5 foot sidewalk along one side of the private streets. The private sidewalks may be placed in easements or within the tracts. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 30 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 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 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans indicate a public sewer line extension in the private streets to serve this development. A public utility easement is required for the sewer line. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 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 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 applicant is proposing to construct a public storm sewer in SW 95th Avenue. The system must be sized for upstream drainage. 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). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed constructing an on-site detention pipe. The applicant's engineer has also provided storm calculations for the downstream ditch system showing that it is adequate to handle the public street runoff from SW 95t Avenue and the detained discharge from the site. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW 95th Avenue is not designated a bicycle facility. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 31 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 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 18.810.120.0 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 existing overhead utility lines along the frontage of SW 95th Avenue. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 185 lineal feet; therefore the fee would be $6,475.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The Tualatin Valley Water District provides service in this area. The applicant must submit plans for review and approval to TVWD. The applicant must have a permit from TVWD prior to issuance of the PFI. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a signed maintenance plan with Stormwater 1Vlanaggement for the water quality vault prior to final plat approval. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 32 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • 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 i 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. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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 applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% 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. The applicant will be required to submit an NPDES 1200-C permit to the City prior to construction. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements: I he 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). LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 33 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION VII. IMPACT STUDY: SECTION 18.390.040.B.e Requires that the applicant shall 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 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 has submitted an impact study addressing the required elements above and as summarized below: Transportation System: The proposed 14-lot planned development fronts SW 95th Avenue to the east and will provide a connection to that street. Other street connections are not available as there are not streets stubbed to the property from the north, south or west. To the north of the site lie significant natural resource areas, making a connection unfeasible. To the west lies a parcel developed at apartments and to the south there are single-family dwellings on large lots. There is one existing driveway currently accessing SV�I 95th Avenue. After development of this project, one private street and no driveways will access SW 95' Avenue. The proposed private street will access the sitg approximately 68 feet south of the northeast corner. The nearest major cross street accessing SW 95 Avenue is North Dakota Street which is more than 500 feet south of the site. The planned developmgnt will provide seven feet of additional right-of-way (27' from centerline() dedication along SW 95 Avenue. The applicant will make half street improvements along SW 95 Avenue. The applicant will make half street improvements along SW 95 Avenue that will include 16 feet of pavement from centerline, curb, utilities„ 5-foot concrete sidewalk, street trees, street signs, traffic control devices and a two year streetlight fee. The project is anticipated to generate approximately 140 trips daily, with 14 pm peak hour trips. Drainage System: Storm water runoff from impervious surfaces (driveways and streets) and roofs will be directed to the proposed onsite stormwater collection system. Water quality treatment will be provided via a water treatment facility to be located in the detention facility. The landscape-enhanced detention facility is proposed to be located in the northwest corner of the site. Onsite water will be detained and released at pre-developed rates to the water quality facility shown on the attached utility plan. Park System: This development will provide an open space tract for active and passive recreation (Tract "A"). The impact of the 14 residences (14 new and 1 existing) on the City Parks system will be compensated for at the time of building permit, when the SDC's are paid. • Water System: The applicant proposes to construct a waterline through the project but will not provide stubs to the north, south, or west, as those areas are either already developed or encumbered by natural resources. Sewer System: The proposed development will install sanitary sewer lines onsite but will not provide stubs to the north, south, or west, as those areas are either already developed or encumbered by natural resources. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 34 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • Noise Impacts: This development is for a proposed single-family residential planned development. Normal impacts such as traffic and lights that are typically associated with residential development can be expected. ROUGH PROPORTIONALITY ANALYSIS The applicant has provided an impact study addressing the project's impacts on public systems which can be found in the land-use file under the tab, "Impact Statement". Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a single-family dwelling is $2,690. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets. Upon completion of this development, the future builders of the residences will be required to pay TIF s totaling approximately $34,970 ($2,690 x 13 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $109,281($34,970 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $34,970, the unmitigated impact can be valued at $74,311. Given that the estimated cost of the dedication and half-street improvements along SW95th is $40,927 (ROW dedication = 1,309sq ft. x $3.00 + $200.00 x 185 ft.), the value of these improvements is less than the value of the unmitigated impacts, the exactions are proportionate. SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Public Works Department has reviewed this proposal and offered the following comments: We have drainage issues on the east side of SW 95th Avenue. Would like to have stub-outs ran to edge of pavement out of Man Hole #2 and #1. Also need to install manhole at the beginning of the 66 inch CMP. The City of Tigard Building Department has reviewed this proposal and has offered comments, which can be found in the land-use file: The City of Tigard Crime Prevention Officer has reviewed the proposal and no objection to it. The City of Tigard's City Forester has reviewed the proposal and offered the following comments: LANDSCAPING AND SCREENING 18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows: All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and Landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as tke standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 35 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 18.745.030.E, Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). See comments under "Tree Removal". 18.745.030.G, Conditions of Approval of Existing Vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. See recommended conditions of approval at the end of this memorandum. 18.745.040, Street Trees A. Protection of existinSvegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as a standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 2. TREE REMOVAL 18.790.030, Tree Plan Requirement A. Tree plan required A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 36 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • S a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan that was conducted by Robert Mazany. The plan contains all four of the required components of a tree plan, and, is therefore, acceptable. The 22.5 inch red oak that is located on the neighboring property MUST receive the maximum amount of root protection since it is owned by someone other than the developer. A portion of the future road will, apparently, encroach well into the tree 's critical root zone. My recommendation is to modify the plans so that there are no construction impacts to the tree's critical root zone. Below are my suggestions for the applicant to follow for tree protection guidelines: All tree protection devices shall be: • Visible. • Constructed of 11 Gauge steel chain-link fencing supported on at least 2 " O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. • Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 '/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 37 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. RECOMMENDED CONDITIONS OF APPROVAL: 1. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required (number of caliper inches times $125 per caliper inch). If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (D) will be credited against the bond, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the bond as a fee in lieu of planting. 2. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 3. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection Steps" identified in Robert Mazany Letter of April 30, 2004 shall be reiterated in the construction documents. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree rotection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ' s or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. 6. Prior to issuance of building permits, the applicant shall submit sit e plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 38 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • S SECTION IX. AGENCY COMMENTS The Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: I have reviewed the submittal for the above named project and have the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. A turn around is not required at the end of"B"street. 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. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. 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. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read " NO PARKING - FIRE LANE" and 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. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 39 OF 41 PLANNING COMMISSION HEARING 9/12/2005 O • GATES: Gates securing fire apparatus roads shall comply with all of the following: • Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island. • Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width. • Gates shall be set back at minimum of 30 feet from the intersecting roadway. • Gates shall be of the swinging or sliding type • Manual operation shall be capable by one person • Electric gates shall be equipped with a means for operation by fire department personnel • Locking devices shall be approved. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes 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 IFC Appendix B. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Appendix C, Table C 105.1. Considerations for placing fire hydrants may be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the fire code official. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. FDCs shall normally be remote except when approved by the fire code official. ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 40 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION IX. CONCLUSION The City of Tigard Planning Commission has APPROVED, Subdivision (SUB2004-00011), Planned Development Review (PDR2004-00001), and Zone Change (ZON2005-00002), and DENIED Adjustment (VAR2005-00028) and Adjustment (VAR2005-00067) — LIVINGSTON LANE TOWNHOMES. IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER. PASSED: THE 12TH DAY OF SEPTEMBER, 2005 BY THE CITY OF TIGARD PLANNING COMMISSION. Mark Padgett-Planning Commission President LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 41 OF 41 PLANNING COMMISSION HEARING 9/12/2005 • / \\/,,,,.,..p CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP SUB2004-0001 I SHADY LN PDR2004-0000 I I I0N2005-00002 ,� VAR2005-00028 �' mV VAR2005-00061 c,� �,... LIVINGSTON LANE TOWNHOMES °o° °o°lam \ ,1„.44 ! w' 0.... n w °0° °00I I rYI: ° Q IMIt. •• �. 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CITY OF TIGARD f SUB2004-000 I I/PDR2004-0000 I/ZON2005-00002/ CRY or TIGARD SITE PLAN N VAR2005-00028/VAR2005-00067 (Map is not to scale) LIVINGSTON LANE TOWNHOMES • • Agenda Item: � I Hearing Date: September 12,2005 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OF TIGARD Community'Development FOR THE CITY OF TIGARD, OREGON Shaping A Better Community 120 DAYS = Waived SECTION I. APPLICATION SUMMARY FILE NAME: LIVINGSTON LANE TOWNHOMES CASE NOS.: Subdivision (SUB) SUB2004-00011 Planned Development Review (PDR) PDR2004-00001 Zone Change (ZON) ZON2005-00002 Adjustment (VAR) VAR2005-00028 Adjustment (VAR) VAR2005-00067 REQUEST: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. The applicant also applied for an Adjustment to the street spacing standard of Chapter 18.705 however, after further review, this application is not necessary. OWNER/ Robert Law & Sandie Russo APPLICANT'S WB Wells &Associates APPLICANT: 12655 SW North Dakota Street REP: Attn: Mark Person Tigard, OR 97223 4230 NE Fremont Street Portland, OR 97213 ZONING DESIGNATIONS: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. R-4.5; The R-4.5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally.. LOCATION: 10895 SW 95TH Avenue; WCTM 1 S135BD, Tax Lot 400. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.370, 18.390, 18.430, 18.510, 18.705, 18.715, 18.720, 18.725, 18.745, 18.765, 18.780, 18.790, 18.795 and 18.810. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find that the proposed Planned Development Subdivision will not adversely affect the health, safety and welfare of the City and meets the Approval Standards as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval and Findings within this staff report: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 1 OF 39 PLANNING COMMISSION HEARING 9/12/2005 . • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover frontage improvements and any other work in the public right-of-way. Six (6) sets of project 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.ci.tigard.or.us). 2. 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. 3. 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. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 5. 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 a half-street improvement along the frontage of SW 95' Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a Neighborhood Route from curb to centerline equal to 16 feet, but in no case shall there be less than 24 feet of aving total from the new curb; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; 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 utilities; J. street signs (if applicable); K. driveway apron (if applicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 95th Avenue in a safe manner, as approved by the Engineering Department. - 6. The public sidewalks along the SW 95th Avenue frontage shall extend to the property lines. An asphalt ramp will be constructed at the end of the public sidewalk. The applicant shall revise the plans to reflect these requirements. 7. The private streets shall be place in a Tract, not ROW. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 2 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • 8. The sidewalks serving the private streets shall be placed in an easement or tract. Setbacks for the proposed detached units (#13 and #14) will be measured from the interior edge of the sidewalk. 9. A profile of SW 95th Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 10. No lots shall be permitted to access directly onto SW 95th Avenue. 11. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 12. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 13. The applicant shall provide a public sewer easement for the extension of the sewer main in the private streets. 14. Prior to construction, the applicant's design engineer shall submit documentation, for review by the City Kim McMillan), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 15. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection prior to issuance of the City's Public Facility Improvement permit. 16. Final design plans and calculations for the proposed private water quality facility shall be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility Improvement (PFI) permit plans. 17. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 18. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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. 19. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 20. The applicant is required to reduce the lot size of the existing house to 4,000 square feet. 21. The applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. 22. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection Steps" identified in Robert Mazany Letter of April 30, 2004 shall be reiterated in the construction documents. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 3 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • 23. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 24. Prior to commencing site work, the applicant shall submit a bond, cash deposit or other security for the equivalent value of mitigation required (number of caliper inches times $125 per caliper inch). If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the security may be correspondingly reduced. Any trees planted on the site or off site in accordance with Section 18.790.060 (D) will be credited against the security, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the security as a fee in-lieu of planting. 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 CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 50339-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 25. Submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. 26. Provide a plan including the visual clearance triangles at the intersection of proposed Street "A" and Street"B". 27. Provide a note on the final plat that restricts construction of fences over three (3) feet in height within the visual clearance triangle. 28. Submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as part of the required percentage. 29. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney for the proposed open space in regard to the following: A. The continued use of such land for the intended purposes; B. Continuity of property maintenance; C. When appropriate, the availability of funds required for such maintenance; D. Adequate insurance protection; and E. Recovery for loss sustained by casualty and condemnation or otherwise. 30. Provide documentation of a plat name reservation from the Washington County Surveyor's Office. 31. Choose a street name for proposed Streets "A" and "B"which will be reviewed by the Engineering Department. 32. If the proposed driveways will be adjacent to each other the applicant will be required to provide joint access with cross-over easements and maintenance rights for each unit. 33. Provide a new landscape plan that shows street trees along all frontage roads of the proposed project. 34. Prior to final plat approval the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 4 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by City Forester at the scheduled intervals, and if it appears the TPZ' s or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 35. Prior to final plat approval, the applicant shall pay the addressing fee. STAFF CONTACT: Shirley Treat, Engineering). 36. Prior to final plat approval, the applicant's engineer shall provide final sight distance certification for the intersection of the private street with SW 95 Avenue. 37. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 38. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 39. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 40. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private water quality/detention facility will be jointly owned and maintained by the developer or by the future homeowners within the subdivision. 41. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private water quality/detention facility. The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the facility. The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. 42. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). 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. 43. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 5 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • D. The right-of-way dedication for SW 95th Avenue shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED • PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 44. Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. 45. Submit a tree mitigation plan for 38-inches. 46. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 47. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 48. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 49. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 50. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 51. Prior to issuance of building ermits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 6 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • 52. The applicant shall either place the existing overhead utility lines along SW 95th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 6475.00 and it shall be paid prior to issuance of the building permits. 53. Prior to a final building inspection, the applicant shall demonstrate that they have entered into a maintenance agreement with Stormwater Management, or another company that demonstrates they can meet the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment facility. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement A reement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: t hree copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 7 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street& Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans, therefore, have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineenn9 and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION. SECTION III. BACKGROUND INFORMATION Site History The property is currently developed with one single-family residence. A search of city records was conducted; two Minor Land Partitions are associated with the parcels that have reconfigured the LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 8 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • R-4.5 portion of the jproject to be included with the parent parcel (the R-12 portion). This application was previously withdrawn because the project did not meet the density requirements. No other land- use application for the subject parcels was found. Vicinity Information: The site is located within the city limits, north of SW Greenburg Road on the west side of SW 95th Avenue. The subject property is bordered by a multi-family complex to the west, wetlands to the north and single-family to the east and south. Proposal Information: A request for approval for a 14-lot Planned Development (PD) Subdivision of an approximate 1.43 acre site. The project is composed of 11 new single-family attached dwelling units, two new single-family detached units, and one existing detached single-family dwelling. The proposed project spans two separate zoning districts (R-12 and R-4.5). A Zone Change is required to apply the PD overlay. The applicant is also requesting a setback adjustment to the rear yard setbacks of proposed lots #2 and #3 from 15 to 12.67 feet. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The City sent notice to property owners within 500 feet of the subject proposal. One letter was received from a neighbor with the following concerns: I don't want to live near an apartment (townhomes/condos), that's why we moved here, to get away from that atmosphere. This is a nice neighborhood of homeowners. Staff Response: The proposed units are considered single-family residential units that are intended to be sold as individual homes. Attached units are allowed within the R-12 zoning district which is described as Medium-Density Residential. The R-12 zoning district is able to accommodate multi-family (apartments) structures just like the adjoining property to the west. Therefore, the proposed attached single-family homes are an alternative to the multi-family alternative. SECTION V. DECISION MAKING PROCEDURES, PERMITS AND USE USE CLASSIFICATION: SECTION 18.130.020 Lists the Use Categories. The applicant is seeking approval of a fourteen (14) lot subdivision on 1.43 acres. The lots are to be developed with (11) new attached single-family homes, two detached single-family home and one pre- existing detached single-family home will remain. Lot sizes within the development are between 1,724 and 4,210 square feet. The site is located within two separate zoning districts, the R-12, and the R-4.5 zoning district. Planned Developments are permitted in all districts. The applicant has applied for conceptual and detailed planned development approval in conjunction with the subdivision. SUMMARY LAND USE PERMITS: CHAPTER 18.310 Defines the decision-making type to which the land-use application is assigned. This is a Planned Development/Subdivision, which is defined as a Type III-PC Application as described below. The applicant has applied for a Planned Development in order to provide smaller lot sizes, exceed the maximum number of units off of a private street, open space and altered setbacks in order to offer a specific product (mix of attached and detached units). DECISION MAKING PROCEDURES: CHAPTER 18.390 Describes the decision-making procedures. Type III procedures apply to quasi-judicial permits and actions that contain predominantly discretionary approval criteria. Type III PC actions are decided by the Plannin Commission with appeals to the City Council. Type III-HO actions are decided by the Hearings Officer with appeals to City Council. In cases where both the Hearings Officer and Planning Commission are involved, the Planning Commission has preferential jurisdiction, per Tigard Development Code (TDC) Section LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 9 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • 18 3°0.080(D)(2)(a). SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS GENERAL PLANNED DEVELOPMENT STANDARDS: CHAPTER 18.350 The applicant has requested a Planned Development (PD) overlay zone change for the subject property. The PD overlay requires developers to follow the Planned Development process for any proposal on affected sites. The Planned Development chapter provides for flexibility in development design and allows deviation from certain standards of the base zone. The following addresses compliance with the process and applicable base zone standards. The Planned Development Process: Section 18.350.030 states that there are three elements to the planned development approval process, as follows: • The approval of the planned development overlay zone; • The approval of the planned development concept plan; and • The approval of the detailed development plan. This application is for all three elements of the planned development process, overlay zone, concept plan, and detailed plan. Applicability Of The Base Zone Development Standards: Section 18.350.070 requires compliance to specific development standards: The provisions of the base zone are applicable as follows: Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; The lot sizes range between 1,705 and 4,210 square feet, and one tract is proposed to accommodate. a small park (Tract A) of 5,841 square feet. The required lot size for the R-12 zoning district is 3,050 square feet. The minimum lot size for the R-4.5 zone is 7,500 square feet unless an applicant specifically requests different lot sizes through the Planned Development (PD) process, as is the case for this proposal. There is no minimum lot width for the R-12 zoning district; and the R-4.5 zoning district has a 50-foot minimum lot width. In any case, the smallest of the proposed lots will have a width of twenty (20) feet in the R-12 zone. Average lot depths range from approximately 68-122 feet deep. The applicant has identified and detailed the requested lot dimensional standards for this development, and the minimum and maximum density requirements have been satisfied as discussed later in this report under 18.715 (Density Computations). Site coverage: The site coverage provisions of the base zone shall apply; There is an eighty (80) percent maximum site coverage requirement in the R-12 zoning district. No data has been submitted to indicate that this criterion has been satisfied. There is no maximum site coverage requirement for the R-4.5 zoning district. Therefore, the applicant is required to submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. Building height: The building height provisions shall not apply; and The applicant's plans indicate two story buildings of approximately 30 feet. Structure setback provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; According to the above standard, all parcels on the perimeter of the project must meet the required LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 10 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • i.....a ..J -J .aa...,.i. ..0 aL TL.. .-1: -a a-.. .I:...J i.. _-�: _a-- -a a- aa... ..d IIUI IL aIIU rear yalu jeLudumS UI we zone. I lie applll'QI it IIQJ applieU lur all QUJUSLIIIeIIL LU IIIC rear yaiu setbacks of parcels #2 and #3, which are shown to have a reduced rear yard setback of 16 percent (fifteen feet reduced to 12.67 feet). The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code (UBC) requirements for fire walls; The applicant has shown (11) attached units, one pre-existing detached unit and two proposed detached unit. The proposed detached units are shown to have side yard setbacks of five feet, which meet the requirement. The existing detached unit has 20-foot side yard setbacks. None of the attached units has an exterior side yard setback less than three feet. Therefore, this standard is satisfied. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1) A minimum front yard setback. of 20 feet is required for any garage structure which opens facing a street; (2) A minimum front yard setback of eight feet is required for any garagge opening for an attached single-family dwelling facing a private street as long as the required-off-street parking spaces are provided. All of the proposed units take access from a private street. The attached units have a garage setback between 15 and 20 feet which is allowed as long as the required off-street parking spaces are provided. According to the parking section of this report, the applicant intends to use the proposed interpreted to meet the parking requirement. It has been nterpreted that 20 feet is needed to park a car in a driveway while allowing unobstructed sidewalks. Therefore, the applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. The proposed detached units are required to have a minimum of a 20 foot front yard setback from the garage to the interior edge of the proposed sidewalk as required by the conditions of approval (condition #8). Other provisions of the base zone: All other provisions of the base zone shall apply except as modified by this chapter. Any additional provisions of the base zone are discussed within the body of this report or will be reviewed during the building permit phase. General submission requirements: A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The applicant has opted to design this project as a planned development in order to have increased flexibility and increased options of development style. The planned development will allow for a community open space area in the southwest corner of the site (Tract A). A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. The applicant is hoping to obtain preliminary approval this fall and to complete engineering in the winter and get building permits and start building in the spring of 2006. If all goes as planned this project will be built and completed by summer-fall-of 2006. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. The applicant intends to sell the proposed units. Therefore, this standard is satisfied. A narrative statement presenting information, a detailed description of which is available from the Director. The applicant has submitted a narrative addressing all applicable criteria of the development code. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 11 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • Therefore,CIUI C, LI II, standard is satisfied. ICU. Additional information: In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept; 3. A grading concept; 4. A landscape concept; 5. A sign concept; and 6. A copy of all existing or proposed restrictions or covenants. The above referenced information has been included in the preliminary development application. Therefore, this standard has been satisfied. Specific planned development approval criteria. The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met; The applicant has applied to subdivide the property concurrently with the planned development approval; therefore, all subdivision criteria must be satisfied. Compliance with the subdivision approval criteria is discussed in greater detail in Chapter 18.430 (Subdivisions) later in this report. The application has met or can be conditioned such that the subdivision provisions are satisfied. This criterion is satisfied. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to ustify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. The paragraph above refers to the chapter headings below, where findings are made in order to justify the applicant's modifications to the applicable standards. Therefore, this criterion has been satisfied. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: The applicant has requested a nine percent density bonus in the submitted narrative. The applicable criteria have been addressed below. Approval of such a bonus is up to the discretion of the Planning Commission. A maximum of 3% is allowed for the provision of undeveloped common space exclusive of areas contained in floodplain, slopes greater than 25%, drainageways, or wetlands that would otherwise be precluded from development; The applicant is providing approximately 5,841 square feet of open space in the southwest corner of the site (Tract "A'). The area is not located in a floodplain or involves slopes greater than 25 percent, LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 12 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • • drainage ways,ays r r wetlands ...,,....My V.. .,V, VI ‘wetlands. V. A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; The applicant has not proposed any developed open space at this time. A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; The applicant has roposed to orient units one through five and seven through twelve north/south to take advantage of sun orientation. Units 13 and face east/west. Wherever possible, existing topography will be maintained, no excessive cutting or filling is proposed on the site. A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. According to the applicant, "all of the proposed single-family units will be Mascord designed and have a harmonious feel and sense of community." It is Staffs opinion that the proposed townhomes are a less obtrusive transition from the multifamily complex to the west from the single-family homes to the east. As mentioned above, approval of such a bonus is up to the discretion of the Planning Commission. Chapter 18.730, Exceptions to Development Standards; None apply. This Section is not applicable. Chapter 18.795, Visual Clearance Areas; The applicant's plans show the areas for visual clearance at street intersections except for the intersection of proposed street "A" and Street "B". Therefore, the applicant is required to provide a plan including the visual clearance triangles at the intersection of proposed Street 'A" and Street "B". These areas, as well as the areas at the intersection of the driveways will need to be maintained free from obstructions taller than three feet in height. Any violations of this chapter will be remedied through code enforcement. A plat restriction is warranted to help ensure future owners do not construct fences within visual clearance triangles. Chapter 18.745, Landscaping and Screening; Units seven through twelve abut adjacent detached single-family homes to the south. According to Table 18.745.1 (Buffer Matrix) a ten foot buffer consisting of lawn is required. The applicant has proposed a 15-foot setback from the proposed units to the proposed southern property line abutting the adjacent homes. Therefore, this section is satisfied. Chapter 18.765, Off-street Parking and Loading Requirements; Garage setbacks have been addressed and conditioned regarding the required parking for the proposed units within this section. Parking is also addressed below under 18.765 (Off-street Parking and Loading Requirements). Chapter 18.705, Access, Egress and Circulation; and Each lot will be served by a driveway to the proposed streets. The minimum required width for a driveway is 10-feet, which will be assured at time of building permit review. The applicant has proposed an alternative street spacing which is allowed by this chapter and reviewed below under 18.705 (Access Egress and Circulation). The proposed street improvements are discussed under Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Chapter 18.780, Signs. No signs are proposed in conjunction with this development. Any future signage will be subject to the LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 13 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Ginn hermit renu uirements in Chnn+ear 10 70/1 The. City of Tigard has hnd .. mole. enforcing sign ..y r� i na cMuu ci c w n vi iavaci v. vv. �c V llr vi i al u Imo 1 lau a pl uula I 1 cum., teu iy o�yi regulations relating to signs advertising lots and homes for sale. The applicant's acknowledgement of sign regulations is one measure the City employs to help facilitate enforcement by negating an argument by an offender that he or she was unaware of the regulations and by serving as notice that the City intends to hold the developer responsible for signs associated with sale of lots and homes in the developer's subdivisions. Such notice motivates a developer to address sign regulation compliance with the sales people/company he or she contracts with or employs to market the lots. Therefore, in accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. In addition, the following criteria shall be met: Relationship to the natural and physical environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible; There has been no evidence of slumping or sliding and the topography is relatively flat. Trees are proposed to be saved as much as possible by recording deed restrictions for each tree to be saved. With regard to preservation of topography and natural drainage, storm water runoff from the site drains to the northwest corner of the property and drains into a water quality swale located in Tract "B". This criterion has been satisfied. Structures located on the site shall not be in areas subject to ground slumping and sliding; The subject site consists of "Olyic silt loam". According to the "Soil Survey of Washington County", compiled by the United States Department of Agriculture, Olyic is classified as a well drained soil. Slopes range from five to ninety percent. The subject site's slope is less than 25 percent. There is no indication of slumping or sliding. Therefore, this standard is satisfied. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; The proposed units are required to maintain front and rear yard setbacks according to the base zone. The applicant has proposed side yard setbacks between adjacent buildings to be a minimum of six feet. The Tualatin Valley Fire Marshal has reviewed the project and has no objection to the spacing of the proposed homes. The structures shall be oriented with consideration for the sun and wind directions, where possible; and Proposed lots 1-12 are north-south facing lots with roadways separating each cluster. Therefore, these lots are considered sun oriented. Detached units 13 and 14 face east to west due to the irregular shaped parent parcel. Based on the analysis above, this criterion has been satisfied to the greatest extent possible. Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. An arborist report and tree preservation plan has been included with these application materials. Wherever possible, trees have been retained. Tree removal/retention is discussed in greater detail under 18.790 (Tree Removal). Buffering, screening and compatibility between adjoining uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; • The proposed development is for a mix of attached and detached single-family homes. Proposed lots 7-12, which are proposed to be constructed with attached units abut two existing single-family homes and two proposed homes to the south. According to the buffering standards of Chapter 18.745 (Landscaping and Screening) the applicant is required to provide a minimum of a 10-foot buffer LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 14 OF 39 • PLANNING COMMISSION HEARING 9/12/2005 • consisting ly UI lawn. I I lc applicant has .71 IUVV111 a I J-foot setback that Wln be l I Iu.7lidr.JCU Vvlu 1 a minimum of lawn. Therefore, this standard has been satisfied. In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: • The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; • The size of the buffer needs in terms of width and height to achieve the purpose; • The direction(s) from which buffering is needed; • The required density of the buffering; and • Whether the viewer is stationary or mobile. The applicant is providing five more feet than what is required between the proposed attached units and the adjacent detached units. This criterion has been satisfied. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. There are no specific service areas, storage areas, parking lots or mechanical devices proposed with this development. No additional screening is required. This criterion is satisfied. Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Private outdoor area -- multi-family use: Shared outdoor recreation areas -- multi-family use: These criteria relate to non-residential or multi-family structures and are not applicable to the proposed single-family development. Access and circulation: The number of allowed access points for a development shall be provided in Chapter 18.705; Each lot will have direct frontage to a private street that connects to SW 95th Avenue. Access is discussed in greater detail later in this report under Chapter 18.705 (Access Egress and Circulation). All circulation patterns within a development must be designed to accommodate emergency vehicles; and Comments from Tualatin Valley Fire and Rescue (TVF&R) indicate that the proposed circulation system for the development is acceptable if their conditions are addressed. See Section IX of this report for more details. Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. The project fronts on SW 95th Avenue, which is a neighborhood route. The applicant has shown both of the proposed streets to be constrycted with sidewalks that will connect to the proposed-sidewalk along the projects frontage on SW 95 Avenue. Therefore, this criterion has been satisfied. Landscaping and open space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section a of this subsection, a minimum of 20 percent of the site shall belandscaped; The applicant is required to landscape twenty (20) percent of the entire site. The applicant has not indicated how this will be accomplished. Therefore, the applicant is required to submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 15 OF 39 PLANNING COMMISSION HEARING 9/12/2005 i S part of the required percentage. Public transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: • The location of other transit facilities in the area; and • The size and type of the proposed development The required facilities shall be limited to such facilities as: • A waiting shelter; • A turn-out area for loading and unloading; and • Hard surface paths connecting the development to the waiting area The subject site abuts SW 95th Avenue, which is not a public transit route. Therefore, this standard does not apply. SSi nos: No slgnage is proposed with this application. However, the applicant has been conditioned above under 18.350.100 (Planned Development Approval Criteria) to sign a copy of the City's sign compliance agreement. Therefore, this standard has been satisfied. Parking: All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. There are no common parking lots associated with this application. Parking requirements have been satisfied by providing individual garages and driveways. Parking is discussed in greater detail later in this report under 18.765 (Off-Street Parking and Loading Requirements). Therefore, this standard has been satisfied. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 master drainage plan; • Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and Clean Water Services (CWS) requirements. For a more detained discussion of storm drainage, see the discussion of compliance with the requirement of Chapter 18.810 (Street and Utility Improvement Standards) later in this report. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. According to the FEMA floodplain maps, the adjacent 100-year floodplain has an elevation of 161. The NW corner of the subject site has an elevation of 163. Therefore, no areas of the site are within the 100-year floodplain. The Pedestrian Bicycle Pathway Plan does not designate this area to be a significant location for a pathway. Therefore, no area is required to be dedicated. Shared Open Space: Requirements for shared open space: Where the open space is designated on the plan as common open space the following applies: LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 16 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • • The open space area shall be shown on the final plan and recorded with the Director; and • The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. The applicant has proposed a 5,072 square foot open space at the southern end of proposed Street "B". The open space "tract "will be commonly owned and maintained by the home owners through the proposed home ownership association. A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney in regard to the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. FINDING: Based on the analysis above, the Planned Development standards have not been met. CONDITIONS: • The applicant is required to either provide a 20-foot garage setback for all attached units or revise floor plans to show two car garages. • Submit information indicating the percentage of impervious surface associated with the project is below eighty (80) percent of the entire site area. • • Provide a plan including he visual clearance triangles at the intersection of proposed Street "A" and Street "B". • Provide a note on the final plat that restricts construction of fences over three (3) feet in height within the visual clearance triangle. • Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. • Submit a landscape plan that indicates twenty (20) percent of the site is landscaped. Street trees cannot be counted as part of the required percentage. • A copy of the home owners' association rules and regulations must be submitted to the City to be reviewed and approved by the City's attorney for the proposed open space in regard to the following: The continued use of such land for the intended purposes; Continuity of property maintenance; LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 17 OF 39 PLANNING COMMISSION HEARING.9/12/2005 • S - When appropriate, the availability of funds required for ......L. . a en app opriate, the availavnny of funds required IVI Juuh Illall lLGIIQIIIiG, - Adequate insurance protection; and - Recovery for loss sustained by casualty and condemnation or otherwise. Zone Change: Standards for Making Quasi-Judicial Decisions: Chapter 18.380 A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial zoning map amendment shall be based on all of the following standards: Demonstration of compliance with all applicable comprehensive plan policies and map designations; The Development Code implements the goals and policies of the Comprehensive Plan and planned developments are permitted in all districts when they meet the code criteria of the Development Code. This criterion is satisfied. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and According to the analysis of sections below, the proposed zone change is, or has been conditioned to ensure compliance with the requirements for planned developments (PD) in Section 18.350.020 and all other applicable requirements. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. There is no change in circumstances or inconsistencies to the Comprehensive Plan or Zoning Map that warrants a zone change from the underlying zone. However, a zone change is necessary to place the PD overlay designation on the property. The applicant has addressed the Zone Change standards and applied for a Planned Development. Therefore, this standard is satisfied. FINDING: Based on the analysis above, the zone change criteria have been met. Preliminary Subdivision Plat Approval Criteria: 18.430.040 Approval criteria: The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; As illustrated in this report, the proposed plat complies with the zoning ordinance and other applicable ordinances and regulations. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The applicant has not provided documentation of a plat name reservation from the Washington County Surveyor's Office. Therefore, obtaining a plat name reservation will be a condition of this approval. 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 There are no street stubs to this property from adjacent properties. Existing development precludes the ability for this applicant to provide stubs for future road service to adjacent properties. Therefore, this criterion does not apply. An explanation has been provided for all common improvements. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 18 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant has provided an explanation for all common improvements by way of a narrative and site plan. FINDING: The proposed development does not comply with all preliminary subdivision criteria. However, if the applicant complies with the condition below, this section will be met. CONDITION:Provide documentation of a plat name reservation from the Washington County Surveyor's Office. ZONING DISTRICT Residential Zoning District: Section 18.510.020 The R-12 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 3,050 square feet. Duplexes and attached single-family units are permitted outright. Some civic and institutional uses are permitted conditionally. Planned Developments are permitted in all districts provided the application satisfies all applicable criteria. Development Standards: Section 18.510.050 States that Development standards in residential zoning districts are contained in Table 18.510.2. The subject site is designated R-12, Medium-Density Residential and R-4.5, Low-Density Residential. FINDING: Since the proposed development is a Planned Development, the R-12 and R-4.5 zoning standards can be altered to fit a specific design. The applicant is choosing to reduce side yard setbacks in order to build both attached and detached single-family homes. The proposed homes are considered to be located on the perimeter of the property and will maintain the required front and rear yard setbacks of the applicable zones except for proposed units #2 and #3 which are addressed below under 18.370 (Variances and Adjustments). Variances and Adjustments (18.370) he applicant has requested a 16% rear yard adjustments to proposed units #2 and #3. Furthermore, the applicant has requested an adjustment to the street spacing standard of 18.705.030.H.4 which requires local streets along local streets to be spaced no less than 125 feet from each other. However, the provisions within 18.705 (Access Egress and Circulation) may be altered through the Planned Development Process. Therefore, no adjustment is required for street spacing standards. A demonstration that the adjustment requested is the least required to achieve the desired effect; The applicant has a specific design in mind for the subject site. Also the shape of the subject parcel and the alignment of the proposed street hinders the compliance with both the required rear yard setback and the 20 foot front yard setback. Because the subject p arcel abuts a natural area to the north the request for a rear yard setback has the least impact to fire life and safety. Therefore, the requested adjustment is the least required. The adjustment will result in the preservation of trees, if trees are present in the development area; No trees will be affected by the requested adjustment. There are five trees in the general vicinity of the proposed units to be adjusted which have all been proposed to be removed due to there location within the proposed building footprint. The adjustment will not impede adequate emergency access to the site; The proposal is for a rear yard setback, which does not abut a street. Therefore, no access is available to the rear properties of the subject units. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 19 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • • There is not a reasonable alternative to the adjustment which achieves the desired effect. The desired effect is to provide a quality home while maintaining development code standards to their greatest extent. The proposed setback adjustment will ensure there is ample space in front of the proposed home to park a car completely on the driveway without the car interfering with the proposed sidewalk. FINDING: Based on the analysis above, the adjustment criteria have been satisfied. Access, Egress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved driveway within a 15-foot-wide accessway. The minimum access width i for 3-6 dwelling units is 20 feet with 20 feet of pavement. Proposed Streets "A" and "B" will be developed as private streets. According to Table 18.705.1 (Vehicular access/egress requirements) streets serving three to six (3-6) units must have a minimum twenty (20) feet with twenty (20) feet of pavement. The applicant has proposed a 30-foot wide private street with (24) feet of pavement serving twelve units (Street "A). Proposed Street "B" is a 24-foot wide private street with (20) feet of pavement which then narrows to (15) feet of pavement. Proposed street 'B" is shown to serve two units, which is greater than the minimum requirement of ten feet of pavement for one to two units. Therefore, this standard has been satisfied. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Access into the proposed subdivision is gptisfied through two private streets within the subdivision (Street "A" and "B") that connect to SW 95 Avenue, which has been reviewed by the City's Engineering Department and Tualatin Valley Fire and Rescue; their comments have been incorporated within this report. However, the applicant has not proposed street names for Street "A" or "B". Therefore, the applicant is required to choose a street name for proposed Street "A" and Street "B" which will be reviewed by the Engineering Department. Access to individual lots will be reviewed for compliance during the building permit phase. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access has not been proposed as part of this application. However, the applicant has proposed attached dwelling units. Therefore, if the proposed driveways will be adjacent to each other the applicant will be required to provide joint access with cross-over easements and maintenance rights for each unit. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 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. Based on the plans submitted, the proposed lots will take access from the interior streets that will connect to SW 95 Avenue, which is a neighborhood route. Streets will be reviewed in further detail under Section 18.810, (Street and Utility Improvement Standards) of the Tigard Development Code. Curb cuts: Curb cuts shall be in accordance with Section 18.810.030.N: Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with LMNGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 20 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • standards specified in this chapter and Section 1G 0A 080: Concrete curbs and driveway v.w....MM.MJ specified in this chapter and Section IV.V'T.VVV• VVIIYI CLC curbs and driveway approaches are required; except where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval and Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. No driveway approach shall be less than five feet from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the five foot restricted area. No portion of any driveway approach, including the end slopes, shall be located closer than thirty feet to an intersection street right-of-way line. Commercial or service drives shall not be more than thirty feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of thirty feet. Each residential driveway shall be not more than twenty-six feet in width including end slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than thirty feet measured along the curb line. Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. Driveways and curb cuts will be reviewed for compliance during the building permit phase. Inadequate or hazardous access: Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. The plans submitted by the applicant do not indicate any hazardous conditions associated with the proposed access into the subdivision. Standards for access as well as for fire and life safety are discussed elsewhere in this report (Section IX. Agency Comments). Therefore, this criterion is met. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical alternative way to access the site. The proposed siqple-family lots will have access through the proposed private streets which will connect to SW 95 Avenue, which is a neighborhood route. Therefore, this standard has been met. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from this requirement. The proposed subdivision is for single-family homes. Therefore, this standard does not apply. Access Management (Section 18.705.030.H) 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's engineer has provided preliminary sight distance certification for the proposed access. The speed limit on SW 95 Avenue is 25 mph, requiring a minimum of 250 feet of sight distance. The engineer states that sight distance in both directions is currently obstructed by existing trees and shrubs which will be removed with construction. With the removal of the trees and shrubs the engineer expects that sight distance to be over 270 feet to the north and 325 feet to the south. The applicant's engineer shall submit a post street construction final sight distance certification 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, LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 21 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • measured frw.�.,. the right-of-way 1:.-_ of the intersectin-..street to the throat of the d driveway The setback may be greater depending upon intersecting street 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. The proposed development is not located near an Arterial or Collector intersection. 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. SW 95th Avenue is classified as a Neighborhood Route, which is a local street. The proposed street (Street "A") is approximately 85 feet north of the recently approved SW Longstaff Rd. The proposed location of Street "A" is the maximum separation point possible for the subject parcel. The proposed street abuts the existing single-family home. Therefore, to move the proposed street any farther north and existing home would need to be removed and the proposed project would need to be reconfigured. This criterion has been satisfied. Minimum access requirements for residential use: Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Vehicular access to individual lots will be reviewed during the building permit phase. Therefore, this standard does not apply. Section 18.705.030.1.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The maximum cross slope of a required turnaround is 5%. Proposed private streets "A" and "B" are both greater than 150 feet in length. The intersection of the proposed streets serves as a hammerhead for the maneuvering of emergency vehicles. The submitted plans have been reviewed and approved by the Tualatin Valley Fire Marshal. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied. CONDITIONS: • Choose a street name for proposed Streets "A" and Street "B" which will be reviewed by the Engineering Department. • The applicant's engineer must provide a post-construction sight distance certification. • If the proposed driveways will be adjacent to each other the applicant will be LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 22 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • • required to provide joint at.A.va with irOjj-UVCI eaSefflent5 and maintenance rights for each unit. DENSITY COMPUTATIONS: CHAPTER 18.715 Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. 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. The net development area is determined by subtracting from the gross area, the land needed for public and private streets as well as areas for sensitive lands. The calculations are as follows: (R-12 portion of site) Gross lot area 43,907 square feet Public right-of-way 9674 square feet Existing Home 4,210 square feet NET DEVELOPABLE AREA: 31,183 square feet Minimum Lot Size 3,050 square feet Maximum number of units: 9.9 units Minimum number of units: 8.1 units G(R-4.5 portion of site) ross lot area 19,003 square feet Public right-of-way 1,736 square feet NET DEVELOPABLE AREA: 17,267 square feet Minimum Lot Size 7,500 square feet Maximum number of units: 2.30 units Minimum number of units: 1.8 units TOTAL: 12 additional units + 9% (discussed above under 18.350 Planned Developments) = 13 additional units. FINDING: As shown above, maximum density of the proposed planned development after subtracting 4,210 square feet for the existing home is 12-units. The applicant has asked under the Planned Development section for a nine percent increase to the maximum density. If approved by the Planning Commission, the additional density for the project will be 13-units as shown on the applicant's plans. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 23 OF 39 PLANNING COMMISSION HEARING 9/12/2005 S I Desinn Compatibility Standards (18.720) v.y�. vv..�Ma�a�w �a] al aG��ali�l M.7 Density transition: When a multi-family or attached single-family project abuts property zoned for detached single-family, the following design standards shall apply: Building height shall not exceed two stories or 25 feet within 30 feet of the property line or three stories or 35 feet within 50 feet of the property line; Building planes for multi-family dwellings within 50 feet of the common property line(s) and abutting public rights-of-way shall be subject to the following standards: • No building plane that faces the common property line shall exceed 960 square feet within 30 feet or 1,400 square feet within 50 feet of the property line; • feet in No building plane shall have a dimension greater than 40 feet in length or 35 height; • If more than one building plane faces a property line and building planes align at a common distance from the line, the building planes shall be horizontally separated by at least 20 feet. For purposes of this standard, "common distance" shall be defined as within 12 feet; • Building plane is defined as a surface that includes a building wall that extends from the ground to the top of each wall of a structure., Area is determined by multiplying the length of each wall by the height. The plane does not include roof area. When a structure along a wall juts out from the wall, or is off-set from an adjacent part less than four feet, the structure is considered part of the building plane of adjacent wall behind it. If the structure protrudes more than four feet, it represents a separate building plane. If a building plane is at an angle in relation to the property line, the midpoint of the wall shall provide the point at which the plane and related distances are measured. These concepts are illustrated in Figure 18.720.1. The proposed attached units seven through twelve abut property to the south that is zoned R-4.5 and is developed with single-family units. According to the standard above, building height shall not exceed two stories or 25 feet within 30 feet of the property line. The applicant has shown the proposed units not to exceed 22 feet in height where they abut adjoining single-family dwellings. This criterion has been satisfied. Front facades: All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot. The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies, bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. The primary ground-floor entries of the proposed attached units are oriented to the proposed streets. Proposed units seven through twelve have a maximum "plane" area of 200 square feet, which is less than the maximum square footage allowed, 500 square feet. This criterion has been satisfied. Main entrance: Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. All primary ground-floor entries are oriented to the proposed street "A". Therefore, this standard has been satisfied. Unit definition: Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation, or by providing a roof gable or porch that faces the street. Ground- level dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. All of the proposed units have been shown to have a second story dormer and a first floor porch that LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 24 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • is 48 square feet in area Therefore this standard is satisfied. �.�..� vl v, this standard V IJ JGIIJI its\A. Roof lines: Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof. Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. The applicant has proposed dormers placed 30 feet or less to create variety and to break up the roof lines. Offsets have been shown to.be a minimum of four feet from the gutter. This criterion has been satisfied. Trim detail. Trim shall be used to mark all building roof lines, porches, windows and doors that are on a primary structure's street-facing elevation(s). The applicant has proposed that all units facing the proposed streets will have trim detail on all roof lines, porches, windows and doors. Therefore this standard has been satisfied. Mechanical equipment: Roof-mounted mechanical equipment, other than vents or ventilators, shall be located and constructed so as to be screened from ground-level view. Screening shall be integrated with exterior building design. No roof mounted mechanical equipment is proposed. This standard is met. Parking: Parking and loading areas may not be located between the primary structure(s) and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street, parking must be provided: In a garage that is attached to the primary structure; In a detached accessory structure located at least 50 feet from the front property line; or In a parking area at the side or rear of the site. The proposed units have garages as shown on the elevation drawings. Pedestrian Circulation: The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s) to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas, resting areas and viewpoints. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. The applicant has indicated in the narrative and on the plans tat walkways will be constructed from every unit's entry to the sidewalk that will connect to SW 95 Avenue and to the proposed open space. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, The Design Compatibility Standards have been met. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 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 ifie 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 LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 25 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • uncombined water (steam) which is visible from a nronerty line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-01 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is lipermitted in any given zoning district which is discernible without instruments at the property ne 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. This is a combination attached and detached single-family project, which is permitted within planned developments in the R-12 zone and R-4.5 zoning districts. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigards' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. LANDSCAPING AND SCREENING: CHAPTER 18.745 Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. The R-12 zoning district requires that a minimum of 20% of the site be landscaped. The applicant has been conditioned under Chapter 18.350 to provide a landscape plan that indicates twenty (20) percent of the site has been landscaped. There is no minimum landscape requirement for the R-4.5 zoning district. Therefore, this standard has been satisfied. Section 18.745.040. states that all development projects fronting on a.public street, private street, or a private driveway more than 100 feet in length after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The applicant has indicated in the narrative that street trees would be provided along SW 95th Avenue and the proposed streets within the development. However, a landscape plan showing street trees has not been provided. Therefore, a plan showing street trees will be required. Buffering and Screening - Section 18.745.050 Buffering and screening is required to reduce the impacts on adjacent uses which are of a i different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). Buffering and Screening has been addressed under Chapter 18.350 (Planned Developments) above. Therefore, this section has been satisfied. FINDING: As conditioned, the proposed development will comply with all applicable Landscaping and Screening requirements of Chapter 18.745. CONDITION:Provide a new landscape plan that shows street trees along all frontage roads of the proposed project. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 This Chapter is applicable for development projects when there is new construction, LMNGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 26 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • expansion of existing use, or change of use in accordance with Section 18.765.070 nn�.+a..,...., and Maximum Off-Street Parking Requirements. The proposed project, after conditions of approval are met will create thirteen (13) lots for single-family dwellings. Table 18.765.2 4Minimum and Maximum Required Off-Street Vehicle and Bicycle Parking Requirements) requires that 'Residential —Single Units, Attached" meet the requirements for multi-family units. The developer anticipates the dwelling units being either two (2) or three (3) bedroom units with a minimum of one car garages for each dwelling unit plus off-street parking spaces on the concrete driveways for each dwelling. The minimum off-street parking requirement for a two bedroom dwelling unit is 1.75 parking spaces. With each proposed residence having a minimum of a one-car garage and off-street parking on the concrete driveways, the minimum off-street parking requirements have been adequately satisfied. FINDING: Based on the analysis above, the Off-Street Parking and Loading Requirements have been satisfied. TREE REMOVAL: CHAPTER 18.790 A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program dfining standards and methods that will be used by the applicant to protect trees during and after construction. According to the project's arborist, there are 13 trees larger than 12-inches equaling 271.2-inches. However, the arborist has included inches from trees less than 13Te-inches. Therefore, based on Staffs analysis of the tree plan, a total of nine trees exist over 12-inches in diameter equaling 159.9 inches. Of the nine trees greater than 12-inches, four are to be removed. Therefore, the applicant is retaining 56 percent of the trees on-site greater than 12-inches in diameter. Those trees to be removed equal a total of 76-inches. According to the tree removal code, the applicant must mitigate fifty percent of the trees greater than 12-inches to be removed. FINDING Based on the analysis above, the Tree Removal standards have not been met. If the applicant complies with the condition below, the standard will be met. CONDITION: Submit a tree mitigation plan for 38-inches. Visual Clearance Areas: Section 18.795 Clear vision area shall be maintained on the corners of all property adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial-streets the visual clearance shall not be less than 35 feet on each side of the intersection. The applicant's plans show the areas for visual clearance at street intersections except for the intersection of proposed streets "A" and Street "B". The applicant has been conditioned earlier in this report under Chapter 18.350 (Planned Developments) to submit a lan including the visual clearance triangle at the intersection of all intersections. Therefore, this standard has been satisfied. STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 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. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 27 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Section 18.810.030.A.2 states that any new street nr 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 Local street to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 95th Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant shall dedicate the additional ROW to provide 27 feet from centerline. SW 95th is currently partially improved. In order to mitigate the impact from this development, the applicant should construct half street improvements, including 16 feet of paving from centerline, 5-foot sidewalks with a 5-foot planter strip. The minimum total width of paving is 24 feet. If there is not a minimum of 8 feet of paving on the other side of centerline the applicant will be expected to construct the additional pavement width. The frontage sidewalks shall terminate at the property lines, not stop short as shown on the applicant's plans, and the AC ramps will then be constructed out to the paved section. 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. There are no opportunities for future streets or extensions of streets due to existing land-use as shown on the applicant's plans. 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. Section 18.810.030.H.2 states that 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 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. Due to existing development and sensitive areas there are no opportunities to provide public street connections. 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. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 28 OF 39 PLANNING COMMISSION HEARING 9/12/2005 0 • SW 95th has grades that are much less than 12%, thereby meeting this criterion. 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. The applicant has proposed to private streets. These streets shall be placed in Tracts, not ROW as the applicant has stated. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. he City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. 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. 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. No blocks will be created by this development. Therefore, this standard does not apply. 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. As mentioned above, no blocks are created by this development. Therefore, this standard does not apply. 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 The minimum lot size of the R-4.5 zoning district is 7,500 square feet and the minimum lot size of the R- 12 zoning district is 3,050 square feet. Based on the standard above, none of the proposed parcels can be more than 2.5 times the average lot width unless they are less than 1.5 times the minimum lot size (7,500 square feet (R-4.5) 3,050 square feet (R-12). Proposed lots #6 and #9 have a lot depth that is greater than the average lot width. However, lot #6 and lot #9 are less than 1.5 times the minimum lot size of the R-12 zone. Therefore, this standard is satisfied. 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 LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 29 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Thi. r.r "I h.J:..:..:.... :.. .. ..I.........J .J......I..........._4 TM..�..i..�.. ♦1.:.. ..L.....J -.J .J...... ....a .......1.. I IIC IJIUI.JU.7GU ODUUIVI.7IUII IJ A I.JIAIIIICU UCVCIUIJII ICI IL. I I ICI CIUIC, LIIIJ JIAIIUAIU UUCJ IIUI A}4?Iy. 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. • The applicant's plans indicate they will be constructing sidewalks and planter strips along the SW 95th Avenue frontage, meeting this criterion. They have also indicated that they will construct a 5 foot sidewalk along one side of the private streets. The private sidewalks may be placed in easements or within the tracts. 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 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. The applicant's plans indicate a public sewer line extension in the private streets to serve this development. A public utility easement is required for the sewer line. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 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 approve the necessary size of the facility, based on the rovisions 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 applicant is proposing to construct a public storm sewer in SW 95th Avenue. The system must be sized for upstream drainage. 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). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. The applicant has proposed constructing an on-site detention pipe. The applicant's engineer has also provided storm calculations for the downstream ditch system showing that it is adequate to handle the public street runoff from SW 95t Avenue and the detained discharge from the site. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 30 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Bikeways anrd Pnrdestrian Pathways: �v w••w • vwary a•• Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. SW 95th Avenue is not designated a bicycle facility. 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 streetsi 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 18.810.120.0 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-groundin_g 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 existing overhead utility lines along the frontage of SW 95th Avenue. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 185 lineal feet; therefore the fee would be $6,475.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: The Tualatin Valley Water District provides service in this area. The applicant must submit plans for review and approval to TVWD. The applicant must have a permit from T.A/VD prior to issuance of the PFI. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 ercent 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a signed maintenance plan with Stormwater Managgement for the water quality vault prior to final plat approval. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 31 OF 39 PLANNING COMMISSION HEARING 9/12/2005 I TV ensure compliance with (lean 1V A VGter VenV1VeJ design and construction standards, the annlirvwant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages throughout the project and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Gradin 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 issuance control plan for City review and approval prior to ssuance 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. A final grading. plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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 applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% 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. The applicant will be required to submit an NPDES 1200-C permit to the City prior to construction. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. Survey Requirements: I he 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. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 32 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • S In addition, the apnlicant's as-built drawings shall he tied to the (,PC 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). SECTION VII. IMPACT STUDY: SECTION 18.390.040.B.e Requires that the applicant shall 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 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 has submitted an impact study addressing the required elements above and as summarized below: Transportation System: The proposed 14-lot planned development fronts SW 95th Avenue to the east and will provide a connection to that street. Other street connections are not available as there are not streets stubbed to the property from the north, south or west. To the north of the site lie significant natural resource areas, making a connection unfeasible. To the west lies a parcel developed at apartments and to the south there are single-family dwellings on large lots. There is one existing driveway currently accessing SV�I 95th Avenue. After development of this project, one private street and no driveways will access SW 95t Avenue. The proposed private street will access the sitg approximately 68 feet south of the northeast corner. The nearest major cross street accessing SW 95 Avenue is North Dakota Street which is more than 500 feet south of the site. The planned development will provide seven feet of additional right-of-way (27' from centerline) dedication along SW 95 Avenue. The applicant will make half street improvements along SW 95 Avenue. The applicant will make half street improvements along SW 95 Avenue that will include 16 feet of pavement from centerline, curb, utilities„ 5-foot concrete sidewalk, street trees, street signs, traffic . control devices and a two year streetlight fee. The project is anticipated to generate approximately 140 trips daily, with 14 pm peak hour trips. Drainage System: Storm water runoff from impervious surfaces (driveways and streets) and roofs will be directed to the proposed onsite stormwater collection system. Water quality treatment will be provided via a water treatment facility to be located in the detention facility. The landscape-enhanced detention facility is proposed to be located in the northwest corner of the site. Onsite water will be detained and released at pre-developed rates to the water quality facility shown on the attached utility plan. Park System: This development will provide an open space tract for active and passive recreation (Tract "A"). The impact of the 14 residences (14 new and 1 existing) on the City Parks system will be compensated for at the time of building permit, when the SDC's are paid. Water System: The applicant proposes to construct a waterline through the project but will not provide stubs to the north, south, or west, as those areas are either already developed or encumbered by natural resources. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 33 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • SaWar Cvctnm• The proposed development will install sanitary sewer lines onsite but will not provide stubs to the north, south, or west, as those areas are either already developed or encumbered by natural resources. Noise Impacts: This development is for a proposed single-family residential planned development. Normal impacts such as traffic and lights that are typically associated with residential development can be expected. ROUGH PROPORTIONALITY ANALYSIS The applicant has provided an impact study addressing the project's impacts on public systems which can be found in the land-use file under the tab, "Impact Statement". Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a single-family dwelling is $2,690. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets. Upon completion of this development, the future builders of the residences will be required to pay TIF s totaling approximately $34,970 ($2,690 x 13 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $109,281($34,970 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $34,970, the unmitigated impact can be valued at $74,311. Given that the estimated cost of the dedication and half-street improvements along SW95th is $40,927 (ROW dedication = 1,309sq ft. x $3.00 + $200.00 x 185 ft.), the value of these improvements is less than the value of the unmitigated impacts, the exactions are proportionate. SECTION VIII. OTHER STAFF COMMENTS The City of Tigard Public Works Department has reviewed this proposal and offered the following comments: • We have drainage issues on the east side of SW 95th Avenue. Would like to have stub-outs ran to edge of pavement out of Man Hole #2 and #1. Also need to install manhole at the beginning of the 66 inch CMP. The City of Tigard Building Department has reviewed this proposal and has offered comments, which can be found in the land-use file: The City of Tigard Crime Prevention Officer has reviewed the proposal and no objection to it. The City of Tigard's City Forester has reviewed the proposal and offered the following comments: LANDSCAPING AND SCREENING 18.745.030.C; Installation Requirements The installation of all landscaping shall be as follows: All landscaping shall be installed according to accepted planting procedures. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and Landscaping shall be installed in accordance with the provisions of this title. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 34 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Graphic Standards, 10th edition. in the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 18.745.030.E, Protection of Existing Landscaping. Existing vegetation on a site shall be protected as much as possible: The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). See comments under "Tree Removal". 18.745.030.G, Conditions of Approval of Existing Vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. See recommended conditions of approval at the end of this memorandum. 18.745.040, Street Trees A. Protection of existing vegetation. All development projects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10m edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size atmaturity. Additionally, there are directions for soil amendments and modifications. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 2. TREE REMOVAL 18.790.030, Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 35 OF 39 PLANNING COMMISSION HEARING 9/12/2005 IYGIIuIIVQiIV11 UI Cr pJU 1I dIII to save eAI LIII9 LI— or IIIILI9dLG tree (GIIIVYAI VVCI IL inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. As required, the applicant submitted a tree plan that was conducted by Robert Mazany. The plan contains all four of the required components of a tree plan, and, is therefore, acceptable. The 22.5 inch red oak that is located on the neighboring property MUST receive the maximum amount of root protection since it is owned by someone other than the developer. A portion of the future road will, apparently, encroach well into the tree 's critical root zone. My recommendation is to modify the plans so that there are no construction impacts to the tree's critical root zone. Below are my suggestions for the applicant to follow for tree protection guidelines: All tree protection devices shall be: • Visible. • Constructed of 11 Gauge steel chain-link fencing supported on at least 2 " O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain-link fencing shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. • Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 '/z feet above the ground, allow 12 inches of space from the trunk of the tree. For • example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. • LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 36 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • Calculate and follow the Optimal Tree Protection Zone calculation as shown "Trees and VQIVLJIQLCe 4I ILA follow LI IG J1JLIIIIQI Tree I IVLGLeLIVII Zone VQIVUIQLIVII Q. JI IVVVII III "Trees and Development: 'A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. RECOMMENDED CONDITIONS OF APPROVAL: 1. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent value of mitigation required (number of caliper inches times $125 per caliper inch). If additional trees are preserved through the subdivision improvements and construction of houses, and are properly protected through these stages by the same measures afforded to other protected trees on site, the amount of the bond may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060 (0) will be credited against the bond, for two years following final plat approval. After such time, the applicant shall pay the remaining value of the bond as a fee in lieu of planting. 2. Prior to issuance of building permits, the applicant/owner shall record a deed restriction to the effect that any existing tree greater than 12 diameter may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this decision should either die or be removed as a hazardous tree. 3. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The "Tree Protection Steps" identified in Robert Mazany Letter of April 30, 2004 shall be reiterated in the construction documents. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree rotection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. 5. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ' s or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 37 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • 6. Prior to, issuance of building per�rnita, the applicant shall submit Sit c°. plan drawings Indicating the location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the house. All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. SECTION IX. AGENCY COMMENTS The Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments: I have reviewed the submittal for the above named project and have the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround. A turn around is not required at the end of`B"street. 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. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (12 feet for up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet. 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. Roads 26 feet wide or less shall be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on one side as a fire lane. Signs shall read " NO PARKING - FIRE LANE" and 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. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 feet and 48 feet respectively, measured from the same center point. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background. LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 38 OF 39 PLANNING COMMISSION HEARING 9/12/2005 • • GATES: Rates securing fire apparatus roads shall comply with all of the following: AT=Q: Rates securing iy � �, apparatus roads shall comply iNir vvn�i all the following: �y. • Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island. • Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width. • Gates shall be set back at minimum of 30 feet from the intersecting roadway. • Gates shall be of the swinging or sliding type • Manual operation shall be capable by one person • Electric gates shall be equipped with a means for operation by fire department personnel • Locking devices shall be approved. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes 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 IFC Appendix B. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants available to a building shall not be less than that listed in Appendix C, Table C 105.1. Considerations for placing fire hydrants may be as follows: • Existing hydrants in the area may be used to meet the required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. • Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. • Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. • Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by the fire code official. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100 feet of a fire department connection (I-DC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. FDCs shall normally be remote except when approved by the fire code official. ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. August 242005 • • liar. ►�AFI '' c elie• •er DALE As ociate Planner if PP + August 24,_2005 •" •7 • 'IC ar• '. : M'' rs•o ' DALE Planning M. ager LIVINGSTON LANE STAFF REPORT(SUB2004-00011) PAGE 39 OF 39 PLANNING COMMISSION HEARING 9/12/2005 \\/,,„...fir.; CITY of TIGARD 7 GEOGRAPHIC INFORMATION SYSTEM VICINITY /MP SUB2004-00011 -_ SHADY LN I PDR2004-0000 I 10N2005-00002 ,� VAR2005-00028 �� VAR2005-00061 � LIVINGSTON LANE ME TOWNHO S t i=1r1 11 �■ ......y. 000o W �/ � �� o > I U ! !l r l:AlT77. 1 `L I I Q O 6E[F 0END FD. 0 t 1 O • O CYO Tigard Area Map O 0) O Z ` I • N OKJH DAKOTA l 0 1O0 200 300 Feet 1"=250 feet / — W Al �] 1_ > !a,1 I'll l f---~ City of Tigard 0) Infonnaton on this mop Is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd -_ Tigard,OR 97223 (503)839-4171 http:lAvww,cl.tiga rd.or.ua Community Development Plot date:Jul 25,2005;C:magic\MAGIC03.APR / ♦/ I TAX LOT I I I 1 / j °a TAX LOT o 1 1 ]OO I I I p V _ _ i •8�/yplS �/•_�y tam 78-0' Z.; 7....70. w.ar - I r I 1 — 1I e.o.d. , / ../.1 1 I L 3,971 01 1.72681 2.859 2.703 I ;2S.F.7 1 I 4.210 S.F. — I I S.F. 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I 1 I i I• ■__ ■RR.T._____ I __—_— 1 I I I CITY k o CITY OF TIGARD 1 SUB2004-000 I I/PDR2004-00001/ZON2005-00002/ Of sire PLAN N VAR2005-00028NAR2005-00067 • (Map is not to scale) LIVINGSTON LANE TOWNHOMES • Planned Development Application for Livingston Lane Presented to the City of Tigard Community Development Department Applicant: Robert Law 12655 SW North Dakota Street Tigard, OR 97223 Representative: WB Wells & Associates July 2005 • • Planned Development Application for Livingston Lane Table of Contents: I. Project Data II. Introduction III. Surrounding Uses IV. Project Summary V. Planned Development 18.350 VI. Variance and Adjustments 18.370 VII. Residential Zoning Districts 18.510 VIII. Decision Making Procedures 18.390 IX. Subdivisions 18.430 X. Access, Egress and Circulation 18.705 XI. Density Computations 18.715 XII. Design Compatibility Standards 18.720 XIII. Landscaping and Screening Standards 18.725 XIV. Off Street Parking/Loading Requirements 18.765 XV. Tree Removal 18.790 XVI. Clear Vision Areas 18.795 XVII. Street and Utilities Improvements Standards XVIII. Summary Attachments: Land Use Application Form Title Pre-Application Conference Notes Service Provider letters Tax Map Property Owners List & Labels Neighborhood Meeting Materials DRAWINGS: Preliminary Plat Preliminary Grading Utility Plan Existing Conditions Plan with Trees • • I. PROJECT DATA: Application: 14 Lot Planned Development Zoning: Residential—R-4.5 and R-12 Acreage: 1.44 acres Location: 10895 SW 95`h Street Applicant/Owner: Robert Law/Sandie Russo 12655 SW North Dakota Street Tigard, OR 97223 Representative: WB Wells&Associates,Attn: Mark Person 4230 NE Fremont Street Portland, OR 97213 (503)284-5896 Legal Description: Tax Lot 400 of Tax Map 1S1 35DB H. Introduction: This submittal is a request for approval of a Planned Development, in order divide a 62,910 square foot lot into fourteen parcels. III. Surrounding Uses: Existing uses adjacent to the subject property include: North: R-12 medium density residential district East: R-12 medium density residential district South: R-4.5 low density residential district West: R-12 medium density residential district IV. Project Summary: - The property is zoned R-12 except for a small south westerly portion of the site that is zoned R- 4.5. The proposed planned unit development will create 14 lots(13 new dwelling lots and a lot to contain the existing single-family residence on site). A private street is proposed to provide access to the lots. A north street connection is not possible due to the location of significant natural resources off site. A street connection to the east and south is not feasible due to existing development. The developer will install all required utilities, including storm treatment and detention facilities. • • V.Planned Development—18.350: 18.350.060 Allowed Uses A. In residential zones. In all residential zones, an applicant with a planned development approval may develop the site to contain a mixture of uses subject to the density provisions of the underlying zone and the density bonus provisions of 18.350.100 B2. The following uses are allowed with planned development approval: 1.All uses allowed outright in the underlying zoning district; 2. Single-family detached and attached residential units; 3.Duplex residential units; 4.Multi-family residential units; 5. Manufactured homes; 6.Accessory services and commercial uses directly serving the planned development only and which are customary or associated with, but clearly incidental to, the residential uses permitted in the zone; 7.Community building; 8. Indoor recreation facility; athletic club, fitness center,racquetball court, swimming pool,tennis court or similar use; 9.Outdoor recreation facility, golf course, golf driving range, swimming pool, tennis court, or similar use; and 10.Recreational vehicle storage area. RESPONSE: The applicant is proposing to place 13 single-family attached units onsite and retain the existing single-family home onsite. Both of the above uses are allowed under the planned development code. 18.350.070 Applicability of the Base Zone Development Standards A. Compliance to specific development standards.The provisions of the base zone are applicable as follows: 1. Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; RESPONSE: Please see the density calculations under Chapter 18.715 below. 2. Site coverage: The site coverage provisions of the base zone shall apply; 3. Building height: The building height provisions shall not apply; and 4. Structure setback provisions: a. Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; b.The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code requirements for fire walls; and • • c. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1)A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street. (2)A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided. RESPONSE: The proposed application meets all of the above requirements except for proposed lots 2 and 3. Lots 23 and 3 will have a reduced rear yard of 12.67 feet instead of the standard 15 feet. This is a reduction of 26%. 18.350.090 Conceptual Development Plan Submission Requirements A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type MB procedure, as governed by Section 18.390.050. In addition, the applicant shall submit the following: 1. A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. RESPONSE: The applicant has opted to design this project as a planned development in order to have increased flexibility and increased options of development style. The planned development will allow for a community open space area in the southwest corner of the site (Tract"A"). All of the new home sites will have single-family units designed by Mascord. The development will have a unique character and sense of community. The site will be a mix of single-family attached and detached houses all with similar character but at the same time being their own unique dwellings. 2. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. RESPONSE: The applicant would like to proceed with this development as soon as possible. The applicant is hoping to obtain preliminary approval this fall and to complete engineering in the winter and get building permits and start building in the spring of 2005. If all goes as planned this project will be built and completed by summer fall of 2005. 3. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. • • RESPONSE: The applicant intends to sell the attached single-family units. 4. A narrative statement presenting information, a detailed description of which is available from the Director. B. Additional information. In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information,the detailed content of which can be obtained from the Director: 1. Existing site conditions; 2. A site concept; 3. A grading concept; 4. A landscape concept; 5. A sign concept;and 6. A copy of all existing or proposed restrictions or covenants. RESPONSE: The above referenced information has been included in the preliminary development application. 18.350.100 Approval Criteria B. Specific planned development approval criteria.The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions,the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. 1.All the provisions of the land division provisions,Chapters 18.410, 18.420 and 18.430, shall be met; 2. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case,the applicant must provide findings to justify the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. a. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: • • (1)A maximum of 3%is allowed for the provision of undeveloped common space, exclusive of areas contained in floodplain, slopes greater than 25 %, drainageways, or wetlands that would otherwise be precluded from development; RESPONSE: Livingston Lane is setting aside approximately 5,841 square feet in the southwest corner of the site for common open space (Tract "A"). The proposed area is not encumbered by floodplain, slopes greater than 25%, drainageways, or wetlands. (2)A maximum of 3%is allowed for landscaping; streetscape development; developed open spaces,plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; RESPONSE: The applicant is not proposing any developed open space at this time. (3)A maximum of 3%is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; RESPONSE: Ten of the 13 new units have a north south orientation enabling them to take advantage of sun orientation. Wherever possible,existing topography will be maintained, no excessive cutting or filling is proposed on the site. (4)A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. RESPONSE: All of the proposed new single-family attached unit will be Mascord designed and have a harmonious feel and sense of community. Building plans have been submitted as part of this application showing elevations of the proposed units. 3. In addition,the following criteria shall be met: a. Relationship to the natural and physical environment: (1)The streets,buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible; (2) Structures located on the site shall not be in areas subject to ground slumping and sliding; (3)There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; (4)The structures shall be oriented with consideration for the sun and wind directions, where possible; and • • (5)Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790,Tree Removal. RESPONSE: An arborist report and tree preservation plan has been included with these application materials. Wherever possible, trees have been retained. One advantage of the planned development is that is allows for smaller streets;enabling more trees to be saved. There are no lots located on areas that are subject to ground slumping or sliding. Adequate spacing has been provided for light and air circulation and for fire protection. Solar standards for this site are addressed within the solar standards, below. 18.350.110 Shared Open Space A. Requirements for shared open space. Where the open space is designated on the plan as common open space the following applies: 1.The open space area shall be shown on the final plan and recorded with the Director; and 2. The open space shall be conveyed in accordance with one of the following methods: a.By dedication to the City as publicly-owned and maintained as open space. Open space proposed for dedication to the City must be acceptable to it with regard to the size, shape, location, improvement and budgetary and maintenance limitations; b.By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity,with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: (1)The continued use of such land for the intended purposes; (2)Continuity of property maintenance; (3) When appropriate,the availability of funds required for such maintenance; (4)Adequate insurance protection; and (5)Recovery for loss sustained by casualty and condemnation or otherwise. c.By any method which achieves the objectives set forth in Subsection 2 above of this section. RESPONSE: The proposed open space (Tract"A')is intended to be common and will be maintained by the homeowner's association. VI. Variance and Adjustments—18370: 18.370.020 Adjustments A. Purpose.The purpose of this section is to establish two classes of special variances: 1. .Development adjustments which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using clear and objective standards,these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. • • 2. Special adjustments which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section C. RESPONSE: The applicant is requesting a development adjustment to reduce the minimum spacing of local streets along a local street from 125(18.705.030.H.4) to the proposed 113 feet shown on the attached plans. B. Development adjustments. 1. 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 Subsection B2 below: 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. b. Interior setbacks. Up to a 20%reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. RESPONSE: The applicant is proposing to reduce the distance between intersections from 125 to 113 feet; this is a reduction of 10%. 2. 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; RESPONSE: The proposed adjustment is the least required to achieve the proposed layout while maintaining the location of the existing house onsite. b.The adjustment will result in the preservation of trees, if trees are present in the development area; RESPONSE: The adjustment will not result in the preservation of any additional trees onsite. However, the adjustment will not require any additional trees to be removed on the subject site. c.The adjustment will not impede adequate emergency access to the site; RESPONSE: The adjustment will not impede adequate emergency access to the site. d.There is not a reasonable alternative to the adjustment which achieves the desired effect. RESPONSE: - There does not seem to be another reasonable alternative to the proposed adjustment that achieves the desired effect • • VII.Residential Zoning Districts—18.510: 18.510.020 F.R-12 Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. RESPONSE: Livingston Lane is a 14 lot planned unit development with attached single-family and one detached single-family dwelling. 18.510.040 Minimum and Maximum Densities A. Purpose. The purpose of this section is to establish minimum and maximum densities in each residential zoning district. To ensure the quality of development envisioned,the maximum density establishes the ceiling for development in each zoning district based on minimum lot size. To ensure that property develops at or near the density envisioned for the zone,the minimum density for each zoning district has bee established at 80%of maximum density. B. Calculating minimum and maximum densities. The calculation of minimum and maximum densities is governed by the formulas in Chapter 18.715,Density Computations. RESPONSE: See response to Section 18.715 below. 18.510.050 Development Standards A. Compliance required. All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district,except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. RESPONSE: This application meets all of the applicable development standards contained in the underlying district,except where the applicant has requested adjustments as allowed per the planned development B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2 RESPONSE: The development standards for the R-12 zones are outlined in Table 1 below. TABLE 1: R-12 MINIMUM LOT DIMENSIONS ND SETBACKS Minimum Lot Size: 3,050 sq. ft. per unit Average Lot Width: None • • Front Yard: 20 ft.MF, 15 ft. SF Side Yard Facing Street on Corner and Through Lots: 20 ft.MF, 10 ft. SF Side Yard: 10 ft.MF, 5 ft. SF Rear Yard: 20 ft.MF, 15 ft. SF Side Yard or Rear Yard Abutting more restrictive Dist.: 30 ft. Dist.Between property line And garage entrance: 20 ft. Maximum Height: 35 ft. Maximum Lot Coverage: 80% Minimum Landscape Requirement: 20% VIII. Decision-Making Procedures—18.390. 18.390.050 Type III Procedure RESPONSE: The applicant has submitted all of the required materials for the proposed planned development per the requirements of this section and the pre-application comments. 18390.050(2)(E) Impact Study Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address,at a minimum, the transportation 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 facility 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 requirements,or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. TRANSPORTATION SYSTEM: The proposed 14-lot planned development fronts SW 95th Avenue to the east and will provide a connection to that street. Other street connections are not available as there are not streets stubbed to the property from the north, south or west. To the north of the site lies significant natural resource areas,making a connection unfeasible. To the west lies a parcel developed at apartments and to the south there are single family dwellings on large lots. There is one existing driveway currently accessing SW 95th Avenue. After development of this project, one private street and no driveways will access SW 95th Avenue. The proposed private street will access the site approximately 68 feet south of the northeast corner. The nearest major cross street accessing SW 95`h Avenue is North Dakota Street which is more than 500 feet south of the site. • • The planned development will provide 7 feet of additional right-of-way(27' from centerline)dedication along SW 95t Avenue. The applicant will make half street improvements along SW 95th Avenue that will include 16 feet of pavement from centerline,curb,utilities, 5-foot concrete sidewalk, street trees, street signs,traffic control devices and a two year streetlight fee. The project-is anticipated to generate approximately 140 vehicle trips daily, with 14 pm peak hour trips. DRAINAGE SYSTEM: Storm water runoff from impervious surfaces(driveways and streets) and roofs will be directed to the proposed onsite stormwater collection system. Water quality treatment will be provided via a water treatment facility to be located in the detention facility. The landscape-enhanced detention facility is proposed to be located in the northwest corner of the site. Onsite water will be detained and released at pre-development rates to the water quality facility shown on the attached utility plan. PARK SYSTEM: This development will provide an open space tract for active and passive recreation (Tract"A"). The impact of the 14 residences(14 new and 1 existing)on the City Parks system will be compensated for at the time of building permit, when the SDCs are paid. WATER SYSTEM: The applicant proposes to construct a waterline through the project but will not provide stubs to the north, south or west, as those areas are either already developed or encumbered by natural resources. SEWER SYSTEM: The proposed development will install sanitary sewer lines onsite but will not provide stubs to the north, south, or west,as those areas are either already developed or encumbered by natural resources. NOISE IMPACTS: This development is for a proposed single-family residential planned development. Normal impacts such as traffic and lights that are typically associated with residential development can be expected. IX. Subdivisions— 18.430 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; RESPONSE: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances as outlined in this narrative. The applicant is applying for a planned development to allow for more flexibility in lot sizes. • • 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; RESPONSE: The applicant is proposing to name the plat Livingston Lane. 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 RESPONSE: A proposed private street will provide access to the 14 future lots within the development No other access points are available. To the north lies significant natural resources, to the west is an apartment complex and to the south are single-family residential dwellings. 4. An explanation has been provided for all common improvements. RESPONSE: The applicant is proposing the necessary common improvements to meet the requirements for a subdivision. All common improvements are discussed in this narrative. 18.430.050 Submission Requirements: Preliminary Plat A. General submission requirements. The applicant shall submit an application containing all of the general information required for a Type III procedure,as governed by Chapter 18.390. B. Additional information. In addition to the general information described in Subsection A above,the preliminary plat shall contain specific information,the detailed content of which can be obtained from the director. RESPONSE: The applicant has provided all of the general information required for a Type III procedure. X. Access.Egress and Circulation—18.705 18.705.030(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.) 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 • S 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 places 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. RESPONSE: A private, local street will service the proposed lots within the planned development. SW 95`x' Avenue is classified as a local route. SW Shady Lane to the north will be the closest intersection to the proposed site. SW Shady Lane is approximately 325 feet to the north of the site, therefore, the proposed street meets the minimum spacing requirements of this code. 18.705.030(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 multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; 2. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular,paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured,paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. c. The maximum cross slope of a required turnaround is 5%. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet),may be required as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic existing the site. RESPONSE: All proposed lots have a minimum of 20 feet of access to a public or private street. IVo multi- family structures are proposed. All residential access drives will be maintained in accordance with the Uniform Fire Code. The proposed private street provides access to all of the lots within the development. No hammerhead is required for the north-south leg of the private street per Eric McMullen from TV Fire and Rescue. The private street oriented east-west will be 27 feet wide with 20 feet of pavement and a sidewalk on one side. The private street oriented north-south will be 25 feet wide with 20 feet of pavement. No vehicle turnouts are required or proposed and no driveways will take access from SW 95`x'Avenue. • • XI. Density Computation—18.715 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 gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 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. Multi-family development: allocate 15%of gross acreage. 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. RESPONSE: The gross project area is 1.44 acres(62,910 s.f.) A portion of the site is zoned R-12(43,907 s.f) and a portion is zoned R-4.5 (19,003 s.f). There is an existing house to remain on proposed Lot 6. This lot is larger than the 3,050 minimum required for the R-12 zone. The R-12 portion of the site has 8,365 square feet of private street and 1,309 square feet of public right-of-way dedication (43,907—8,365—1,309-3,050=31,183 net area). Therefore, the R-12 portion of the site has a maximum density of 10.22 units(31,183/3,050). The R-4.5 portion of the site has 1,736 square feet of private street and no public right-of-way dedication for a net area of 17,267 square feet(19,003—1,736). As a result, the R-4.5 portion of the site has a maximum density of 2.3 units(17,267/7,500). The applicant is requesting a 9%density bonus that is allowed under the planned development code (see above). Therefore, the maximum density onsite is 10.22+2.3+1.1 (9% of 12.5) = 13.6 or 13 additional units for a total density of 14 units. XII. Design Compatibility Standards- 18.720 18.720.030 Design Standards A. Density transition. When a multi-family or attached single-family project abuts property zoned for detached single-family, the following design standards shall apply: 1. Building height shall not exceed two stories or 25 feet within 30 feet of the property line or three stories or 35 feet within 50 feet of the property line; • RESPONSE: The single-family attached units'are more than 40 feet from the single-family detached property line and the proposed units do not exceed 30 feet. Therefore, this criterion has been met. 2. Building planes for multi-family dwellings within 50 feet of the common property line(s)and abutting public rights-of-way shall be subject to the following standards: a. No building plane that faces the common property line shall exceed 960 square feet within 30 feet or 1,400 square feet within 50 feet of the property line; b. No building plane shall have a dimension greater than 40 feet in length or 35 feet in height; c. If more than one building plane faces a property line and building planes align at a common distance from the line,the building planes shall be horizontally separated by at least 20 feet. For purposes of this standard, "common distance" shall be defined as within 12 feet; d. Building plane is defined as a surface that includes a building wall that extends from the ground to the top of each wall of a structure. Area is determined by multiplying the length of each wall by the height.The plane does not include roof area. When a structure along a wall juts out from the wall,or is off-set from an adjacent part less than four feet,the structure is considered part of the building plane of the wall behind it. If the structure protrudes more than four feet, it represents a separate building plane. If a building plane is at an angle in relation to the property line,the midpoint of the wall shall provide the point at which the plane and related distances are measured.These concepts are illustrated in Figure 18.720.1. RESPONSE: No multi family dwellings are proposed. The proposed units are single-family attached units on individual lots. As a result, this criterion does not apply. B. Front facades.All primary ground-floor common entries or individual unit entries of street frontage units shall be oriented to the street, not to the interior or to a parking lot.The front elevation of large structures must be divided into smaller areas or planes of 500 square feet or less. Projecting features such as porches, balconies,bays and dormer windows and roof pediments are encourages for structures facing a street to create visual interest. RESPONSE: All entries for all units face the street. Entry ways into attached units are broken up into planes of 500 or less as shown on the elevations that are included with this submittal. • • C. Main entrance. Primary structures must be oriented with their main entrance facing the street upon which the project fronts. If the site is on a corner, it may have its main entrance oriented to either street or at the corner. RESPONSE: As the proposed units are single-family attached, each unit has its own entrance, there are therefore no main entrances. D. Unit definition.Each dwelling unit shall be emphasized by including a roof dormer or bay windows on the street-facing elevation,or by providing a roof gable or porch that faces the street. Groundlevel dwelling units shall include porches that shall be at least 48 square feet in area with no dimension less than six feet. RESPONSE: Units will be defined as shown on the included elevation plans. All units are groundlevel and will include a porch that is 48 square feet in area. E. Roof lines.Roof-line offsets shall be provided at intervals of 40 feet or less to create variety in the massing of structures and to relieve the effect of a single, long roof.Roof line offsets shall be a minimum 4-foot variation either vertically from the gutter line or horizontally. RESPONSE: Dormers will be placed every 30 feet or less to create variety and to break up roof lines. Offsets will be a minimum of 4 feet from the gutter. F. Trim detail.Trim shall be used to mark all building roof lines,porches,windows and doors that are on a primary structure's street-facing elevation(s). RESPONSE: All units will have trim detail on the structures street facing elevation. G. Mechanical equipment.Roof-mounted mechanical equipment, other than vents or ventilators,shall be located and constructed so as to be screened from ground- level view. Screening shall be integrated with exterior building design. RESPONSE: No roof mounted mechanical equipment is proposed. H. Parking.Parking and loading areas may not be located between the primary structure(s)and the street upon which the structure fronts. It there is no alley and motor vehicle access is from the street,parking must be provided: 1. In a garage that is attached to the primary structure; 2. In a detached accessory structure located at least 50 feet from the front property line; or 3. In a parking area at the side or rear of the site. RESPONSE: The proposed units have garages as shown on the attached elevation plans. • I. Pedest!rian circulation. 1. The on-site pedestrian circulation system shall be continuous and connect the ground-level entrances of primary structure(s)to the following: a. Streets abutting the site; b. Common buildings such as laundry and recreation facilities; c. Parking areas; - d. Shared open space and play areas; e. Abutting transit stops; and f. Any pedestrian amenity such as plazas,resting areas and viewpoints. RESPONSE: Walking paths will be constructed from every unit's entry to the sidewalk along the proposed private street. 2. There shall be at least one pedestrian connection to an abutting street frontage for each 200 linear feet of street frontage. RESPONSE: This criterion is satisfied. XIII. Landscaping— 18.745 18.745.030 General Provisions A. Obligation to maintain. Unless otherwise provided by the lease agreement,the owner,tenant and his agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping and screening which shall be maintained in good condition so as to present a healthy,neat and orderly appearance, shall be replaced or repaired as necessary,and shall be kept free from refuse and debris. RESPONSE: Requirements for maintenance of landscaping will be included in the CC&R's of the Homeowners'Association. B. Pruning required. All plant growth in landscaped areas of developments shall be controlled by pruning,trimming or otherwise so that: 1. It will not interfere with the maintenance or repair of any public utility; 2. It will not restrict pedestrian or vehicular access; and 3. It will not constitute a traffic hazard because of reduced visibility. RESPONSE: Requirements for maintenance of landscaping will be included in the CC&R's of the Homeowners'Association. C. Installation requirements. The installation of all landscaping shall be as follows: 1. All landscaping shall be installed according to accepted planting procedures; • • 2. The plant materials shall be of high grade,and shall meet the size and grading standards of the American Standards for Nurberg Stock(ANZI Z60, 1-1986, and any future revisions); and 3. Landscaping shall be installed in accordance with the provisions of this title. RESPONSE: Landscaping will be installed in accordance with the provisions of this title. D. Certificate of Occupancy. Certificates of occupancy shall not be issued unless the landscaping requirements have been met or other arrangements have been made and approved by the City such as the posting of a bond. RESPONSE: Landscaping requirements will be met as part of the process to obtain Certificates of Occupancy. E. Protection of existing vegetation. Existing vegetation on a site shall be protected as much as possible: 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process.. 2. The plants to be saved shall be noted on the landscape plans(e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around individual trees). RESPONSE: A Tree Protection Plan has been included with this application to provide methods of protection for existing vegetation. The Erosion Control Plan also provides placement areas for erosion control fencing and methods for reseeding disturbed areas. F. Care of landscaping along public rights-of-way. Appropriate methods for the care and maintenance of street trees and landscaping materials shall be provided by the owner of the property abutting the rights-of-way unless otherwise required for emergency conditions and the safety of the general public. RESPONSE: Requirements for maintenance of landscaping along public rights-of-way will be included in the CC&R's of the Homeowner's Association. G. Conditions of approval of existing vegetation. The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. H. Height restrictions abutting public rights-of-way. No trees, shrubs or plantings more than 18 inches in height shall be planted in the public right-of-way abutting roadways having no established curb or gutter. RESPONSE: All streets in and abutting the project will have established curbs and gutters. • • 18.745.040 Street Trees A. Protection of existing vegetation. All development projects fronting on a public street,private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040.C. RESPONSE: The applicant is proposing to plant street trees on public and private street trees within and abutting the project(see attached Landscape Plan). Street tree locations will be adjusted for final driveway locations. B. Street tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director. RESPONSE: The Street Tree Plan includes a planting list of materials that should be suitable for the proposed uses (see attached Landscape Plan). C. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include trees with a minimum caliper of two inches at four feet in height as specified in the requirements stated in Section 18.745.040.C.2 below; 2. The specific spacing of street trees by size of tree shall be as follow: a. Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart; b. Medium-sized trees 25 to 40 feet tall, 16 feet to 35 feet wide branching at maturity shall be spaced not greater than 30 feet apart; c. Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart; d. Except for signalized intersections as provided in Section 18.745.040.H, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance; e. No new utility pole location shall be established closer than five feet to any existing street tree; f. Tree pits shall be located so as not to include utilities (e.g., water and gas meters)in the tree well; g. On-premises utilities (e.g., water and gas meters) shall not be installed within existing tree well areas; h. Street trees shall not be planted closer than 20 feet to light standards; i. New light standards shall not be positioned closer than 20 feet to existing street trees except when public safety dictates, then they may be positioned no closer than 10 feet; • • j. Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines; k. Trees shall not be planted within two feet from the face of the curb; and 1. Trees shall not be planted within two feet of any permanent hard surface paving or walkway: (1) Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates,bricks on sand,paver blocks and cobblestones; and (2) Sidewalk cuts in concrete for tree planting shall be at least four by four feet to allow for air and water into the root area. RESPONSE: The proposed Landscape/Street Tree plan will adhere to these requirements. D. Pruning requirements.Trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and 13 feet above local street, 15 feet above collector street,and 18 feet above arterial street roadway surfaces. RESPONSE: Requirements for maintenance of landscaping will be include in the CC&Rs of the Homeowners'Association. E. Cut and fill around existing trees. Existing trees may be used as street trees if no cutting or filling takes place within the drip-line of the tree unless an adjustment is approved by the Director by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria in Section 18.370.020.C.4.a. RESPONSE: No existing trees are proposed to be used as street trees. F. Replacement of street trees.Existing street trees removed by development projects or other construction shall be replaced by the developer with those types of trees approved by the Director.The replacement trees shall be of a size and species similar to the trees that are being removed unless lesser sized alternatives are approved by the Director. RESPONSE: Existing street trees will be replaced if removed by development projects or other construction. G. Granting of adjustments_Adjustments to the street tree requirements may be • granted by the Director by means of a Type I procedure,as regulated in Section 18.390.030,using approval criteria in Section 18.370.020.C.4.b. RESPONSE: No adjustments to the street tree requirements are proposed. I. Location of trees near signalized intersections_The Director may allow trees closer to specified intersections which are signalized, provided the provisions of Chapter 18.795, Visual Clearance,are satisfied. • • RESPONSE: No adjustments to the street tree requirements are proposed. • 18.745.060 Re-vegetation A. When re-vegetation is required._Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B. Preparation for re-vegetation.Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved; and 2.After completion of such grading,the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C. Methods of re-vegetation. 1.Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass,barley, or other seed with equivalent germination rates, and: a. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; b. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; c. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and d. The use of native plant materials is encouraged to reduce irrigation and maintenance demands. RESPONSE: The attached Erosion Control Plan provides methods for re-vegetation of disturbed areas. All areas graded during subdivision development will be re-seeded and/or planted to stabilize. XIV. Parking 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with detailed information about this submission requirement. • • 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 dwelling(s); RESPONSE: Off-street parking spaces for the proposed single-family homes will be provided on the same lots as the dwellings. XV. Tree Removal—18.790 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan for the planting,removal and protection of trees prepared by a certified arborist shall be provided for any lot,parcel or combination of lots or parcels for which a development application for a subdivision,partition, site development review,planned development or conditional use is filed. Protection is preferred over removal wherever possible. RESPONSE: The applicant is providing a Tree Protection plan for trees to remain after subdivision construction. 65.26% of the 12"and greater trees are proposed to be retained for infrastructure and home construction. C. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species off all existing trees including trees designated as significant by the city; 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a.Retention of less than 25%of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25%to 50%of existing trees over 12 inches in caliper requires that two thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D; c. Retention of from 50%to 75%of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75%or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. • RESPONSE: The applicant is proposing to remove approximately 35% of the trees over 12 inches in caliper. As a result, the applicant will mitigate 47.1"(half of the 94.2"to be removed). The applicant is providing a Tree Protection plan for trees to remain during subdivision construction. C. Subsequent tree removal. Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060D. RESPONSE: The applicant is not aware of any prior tree removal 18.790.040 Incentives for Tree Retention A. Incentives.To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus.For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan,a 1%bonus may be applied to density computations of Chapter 18.715.No more than a 20%bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone.This bonus is not applicable to trees preserved in areas of floodplain, slopes greater than 25%,drainageways,or wetlands that would otherwise be precluded from development; 2. Lot size averaging.To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone.No lot area shall be less than 80%of the minimum lot size allowed in the zone; 3. Lot width and depth.To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20%of that required by the underlying zone; 4. Commercial/industriaUcivic use parking. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080,Minimum and Maximum Off- Street Parking Requirements, a 1%reduction in the amount of required parking may be granted. No more than a 20%reduction in the required amount of parking may be granted for any one development; • • 5. Commercial/industrial/civic use landscaping. For each 2%of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted.No more than 20%of the required amount of landscaping may be reduced for any one development. RESPONSE: No incentives are being requested as part of this application. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030,or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter.The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist.The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree.The form of this deed restriction shall be subject to approval by the Director. RESPONSE: The applicant is working to limit future tree removal on this property, and anticipates trying to save 80% of the trees shown for protection after the homes are built C. Site development modifications granted as incentives.A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. RESPONSE: No incentives are being requested as part of this application. D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. RESPONSE: No design modifications of public improvements are being requested. XVI. Clear Vision Area— 18.795 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. C. - Additional topographical constraints.Where the crest of a hill or vertical curve_ conditions contribute to the obstruction of clear vision areas at a street or driveway intersection,hedges,plantings, fences,walls,wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. RESPONSE: Clear vision areas have been provided as shown on the attached Street Layout Plan. No materials exceeding three feet in height, except for the occasional utility pole or street signage pole, will be placed in the clear vision zone. 18.795.040 Computations A. Arterial streets. On all designated arterial streets the visual clearance area shall not be less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width.At all intersections of two non-arterial streets,a non arterial street and a driveway, and a non- arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right of-way or property line at points which are 30 feet distance from the intersection of the right-of way line and measured along such lines. See Figure 18.795.1: 2. Non-arterial streets less than 24 feet in width. At all intersections of two non-arterial streets,a non-arterial street and a driveway, and a non- arterial street or driveway and railroad where both streets and/or driveways are less than 24 feet in width,a visual clearance area shall be a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of a single family and two family residence,and 30 feet back from the property line on all other types of uses. RESPONSE: The proposed plan includes site vision triangles designed to meet or exceed these standards. XVII. Street and Utility Improvement 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. 4 Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter; 5. If the City could and would otherwise require the applicant to provide street improvements,the City Engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not,by itself,provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. 6. The standards of this chapter include the standard specifications adopted by the City Engineer pursuant to Section 18.810.020.B. 7. The approval authority may approve adjustments to the standards of this chapter if compliance with the standards would result in an adverse impact on natural features such as wetlands, steep slopes, or existing mature trees.The approval authority may also approve adjustments to the standards of this chapter if compliance with the standards would have a substantial adverse impact on existing development or would preclude development on the property where the development is proposed. In approving an adjustment to the standards, the approval authority shall balance the benefit of the adjustment with the impact on the public interest represented by the standards. In evaluating the impact on the public interest, the approval authority shall consider the criteria listed in Section 18.810.030 E.1.An adjustment to the standards may not be granted if the adjustment would risk public safety. RESPONSE: The applicant is proposing a private street with 27 feet of right-of-way, a 20 foot paved surface and a five foot sidewalk on one side of the street oriented east-west. The portion of the private street that is oriented north-south will have a 24 foot right-of-way with a 20 foot paved surface. The applicant will dedicate 7 feet of frontage along SW 95th Avenue to obtain the necessary 27 • • feet from centerline. The applicant will also make half-street improvements to SW 95th Avenue. B. Creation.of rights-of-way for streets and related purposes.Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however,the Council may approve the creation of a street by acceptance of a deed,provided that such street is deemed essential by the Council for the purpose of general traffic circulation: 1. The Council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the Council to be present: a. Establishment of a street is initiated by the Council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the Commission to the Council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval; a. The applicant shall submit such additional information and justification as may be necessary to enable the Commission in its review to determine whether or not a recommendation for approval by the Council shall be made; b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title; c. The Commission in submitting the proposal with a recommendation to the Council may attach conditions which are necessary to preserve the standards of this title; and 3. All deeds of dedication shall be in a form prescribed by the City and shall name"the public,"as grantee. RESPONSE: Rights-of-way for streets will be created through the approval of a final subdivision plat. C. Creation of access easements.The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created: 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code 2. Access shall be in accordance with Sections 18.705.030.H and 18.705.030I. RESPONSE: • • An access easement will be provided over the private street as part of the final subdivision plat. D. Street location, width and grade. Except as noted below,the location,width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets,to topographic conditions,to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in accordance with Subsection M below; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic,the capacity of adjoining streets and the need for public convenience and safety. RESPONSE: The applicant is proposing a private street system to serve the 14 lots. As previously stated, there is no existing street pattern to conform to and no adjacent lots to stub a street to as there are significant natural resources to the north and existing development to the west and south. 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,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 1. The decision-making body shall make its decision about desired right-of- way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the Comprehensive Plan Transportation Chapter b. Anticipated traffic generation; c. On-street parking needs; d. Sidewalk and bikeway requirements; e. Requirements for placement of utilities; f. Street lighting; g. Drainage and slope impacts; h. Street tree location; i. Planting and landscape areas; j. Safety and comfort for motorists, bicyclists,and pedestrians; k. Access needs for emergency vehicles. • • RESPONSE: Based upon the above criteria, the applicant believes that the proposed private road system will be adequate to meet the needs of the fully developed site. 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. RESPONSE: No stub streets are proposed due to the presence of significant natural resources to the north and existing development patterns to the west and south. G. Street spacing and access management.Refer to 18.705.030.H. RESPONSE: See section 18.705 above. 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. 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. RESPONSE: The applicant is proposing a private street system to serve the 14 lots. As previously stated, there is no existing street pattern to conform to and no adjacent lots to stub a street to as there are significant natural resources to the north and existing development to the west and south. I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practicable, except where topography requires a lesser angle, but in no case shall the angle be less than 75 degrees unless there is special intersection design,and: 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20 feet. RESPONSE: The applicant is not proposing a cul-de-sac. The north-south portion of the private street is less than 150 feet in length. As a result, it does not need to have a turnaround per Eric McMullen at TV Fire and Rescue. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width,additional rights-of-way shall be provided at the time of subdivision or development. RESPONSE: The applicant will dedicate 7 feet of additional right-of-way along SW 95'x'Avenue as shown on the attached plans. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet; while generally not acceptable,may be approved • • • where essential to reasonable development when in conformity with the other requirements of these regulations,and when it will be practical to require the improvement of the other half when the adjoining property developed. RESPONSE: Not applicable—no partial street improvements are proposed that will result in a pavement width of less than 20 feet. L. Cul-de-sacs.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: 1. All culs-de-sac shall terminate with a turnaround. Use of turnaround configurations other than circular,shall be approved by the City Engineer, and 2. 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. 3. 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. RESPONSE: The applicant is not proposing a cul-de-sac. The north-south portion of the private street is less than 150 feet in length. As a result, it does not need to have a turnaround per Eric McMullen at TV Fire and Rescue. M. Street names.No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County,except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the City Engineer. RESPONSE: No duplicate street names will be used. N. Grades and curves. 1. 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), and 2. Centerline radii of curves shall be as determined by the City Engineer. RESPONSE: Grades do not exceed 12%on the proposed private street O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080; and: 1. Concrete curbs and driveway approaches are required; except • • • 2. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. RESPONSE: Curbs, curb cuts, ramps and driveway approaches will be constructed according to City standards. The portion of the private street oriented north-south will not have a sidewalk. P. Streets adjacent to railroad right-of-way. Wherever the proposed development contains or is adjacent to a railroad right-of-way,provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land.The distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in non-industrial areas. RESPONSE: Not applicable—the proposed development does not contain and is not adjacent to a railroad right-of-way. Q. Access to arterials and collectors. 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 feasible,the design shall minimize the traffic conflicts.The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a non- access reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications,primary access should be from the lower classification street. RESPONSE: The proposed project abuts SW 95`h Avenue,a neighborhood route. R. Alleys,public or private. 1. Alleys shall be no less than 20 feet in width. In commercial and industrial districts, alleys shall be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment shall be avoided, the corners of necessary alley intersections shall have a radius of not less than 12 feet. RESPONSE: Not applicable, no alleys are proposed as part of this project. • r • S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the City, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the City that all boundary and interior monuments shall be reestablished and protected. RESPONSE: Certification of monuments will be provided prior to acceptance by the City. T. Private streets. 1. Design standards for private streets shall be established by the City Engineer; and 2. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments,mobile home parks, and multi-family residential developments.U.Railroad crossings. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval,or another equitable means of cost distribution shall be determined by the public works Director and approved by the Commission. RESPONSE: Maintenance requirements for the proposed private street will be included in the Homeowners' Association CC&Rs. V. Street signs.The City shall install all street signs,relative to traffic control and street names, as specified by the City Engineer for any development.The cost of signs shall be the responsibility of the developer. RESPONSE: The developer will incur the cost of street signs. W. Mailboxes.Joint mailbox facilities shall be provided in all residential developments,with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes shall be designated on a copy of the preliminary plat or development plan,and shall be approved by the City Engineer/US Post Office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the City Engineer/US Post Office prior to final approval. RESPONSE: The developer will provide mailboxes in accordance with this section. X. Traffic signals.The location of traffic signals shall be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications shall be installed.The cost shall be included as a condition of development. • RESPONSE: • S Not applicable, no traffic signals are proposed. Y. Street light standards. Street lights shall be installed in accordance with regulations adopted by the City's direction. RESPONSE: Any required street lights will be installed in accordance with regulations adopted by the City's direction. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. RESPONSE: The developer will install street signs as required. AA. Street cross-sections.The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final City acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the City Engineer.The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to City final acceptance of the roadway; however,not before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. (Ord. 99-22) • RESPONSE: The final lift of pavement will be installed according to City requirements. AB. Traffic calming. When, in the opinion of the City Engineer,the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures.These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the City to help pay for traffic calming measures that become necessary once the development is occupied and the City Engineer determines that the additional traffic from the development has triggered the need for traffic calming measures.The City Engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,prior to the approval of the final plat.The funds will be held by the City for a period of five(5)years from the date of issuance of certificate of occupancy, or in the case • • of a subdivision, the date of final plat approval. Any funds not used by the City within the five-year time period will be refunded to the developer. RESPONSE: No traffic calming measures are anticipated to be needed. AC. Traffic study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. when they generate a 10%or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the City street at the point of access and the existing ADT fall within the following ranges: Existing ADT 0-3,000 vpd 3,001-6,000 vpd >6,000 vpd ADT to be added by development 2,000 vpd 1,000vpd 500 vpd or more c. If any of the following issues become evident to the City engineer. (1)High traffic volumes on the adjacent roadway that may affect movement into or out of the site (2)Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s) (3)Inadequate horizontal or vertical sight distance at access points (4)The proximity of the proposed access to other existing drives or intersections is a potential hazard (5)The proposal requires a conditional use permit or involves a drive-through operation (6)The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. when the site is within 500 feet of an ODOT facility and/or b. trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility and/or c. trip generation from a development adds 50 or more peak hour trips to an ODOT facility. RESPONSE: The project will generate approximately 140 new trips per day and is below the threshold that would trigger a traffic study. XVIII. Summary • • • Based on the above findings, the applicant has demonstrated compliance with the requirements of the relevant sections of the City of Tigard Community Development Code. Therefore, this request should be approved. • • • • • ( _ W.B. WELLS }$qr� �-f p T J 6II4�8lOCL1tGf,�. / 1 II I Y - °" r. ji `-.`.-=',,a:o~},°"° 4:'y +iL. FETOt6RAtUEIS / f TAX LOT i I :zirJ19�� 1 ,,,..e TSi '"k.,�_- " 0130 NE FREMONT STREET 500 k.. {1. `. `t E sue. -_J T " - tig,il ,o ?OR^a,�no�nrN cnt� / // TAX LOT I I I - 'fi t „,,. r _ (yam •600 I C., r°8 3� Y i I s`G' - 'fJ Igy�5pA1y50yID1ggp 1' I a �9�o'',a�s a 'I +„s-� f / ama3 address u k4k4i s� / 1 - 1 / i � k.--;, ” '.Y.7 zt a I 0. r a-2�.}..0-}� .r7- . 11114 ~ / �— 20.00' 38.00' 33.00' 33.00' ri:.; *::: I I k J!?� 3 ` "'�,�,.,�i�,T y �i tli:1111:!:1(C;;,�,G •C1 ,, J3.38' 6D.DD' I rP� '�SITE s ia,,v ;. * r'1!45"1-';;f'! �-•CPd I ( 1 tl rz �L�.; `�' s > 111 LCD,�� / / 1 —! I — — rI • I i 1 s- V • i -}Y.x" a,tli - a� Y .t s. 36; ¢ :!9.p8p.rr�eg,� ° . 1 ■r - I(-�! Ii _Jnl-II I _ 1 1,, , � cia . _Ir y .. / I I �; 7 I' 7.00'R.O.W. DEDICATIOt{ ws" a. •!� - ,• n,, �; \ i / I II !! --^I iK r 5 I I IX�r I _ I. �i _ r.� i pir �-y 'a. c gileq / 5 2 577 ! 6 ; c _ r z « I �C 1 2 �I 3N I 4 ' I 4.210 S.F. '—I 1`:.I I '� 1 ( 1,cl o 1 t NI l 2.703 I S.F. 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MODEL III -I SECTION 3 ( a I 1 — — — .` 1�~ ( I 4008 I I i 1 5 BD),T1S,R2W,WM (� W zn• I —II—. 111 I'� I w I I I: 10 -:,1 1, 11 �� 12 ; m[...-.......11 I I 04 M Q 7 - 8 I 9 I I H 1 I I 3.221 m' 1,822 3,867 I I T O 3,431 S.r. 1,705 I S. I! I o m I I 3.236 FI t I I zo 00 WI �! S.F. ( S.F. S.F. r� _ I E� 1 OWNER�DEVELOPER 16.1:' 1^ MODEL I S. Im '1 L'- !Ln • 1..� C� Im !J 4008 II � I z�'oo' I I I I I I I 1: G) I BOB LAW & SANDIE RUSSO E TAx LOT m j ', I MI 1' 1 I - J I 12655 SW NORTH DAKOTA ST. . II 307 !� `!II I 1 I L — - ��' I ICI `I w -.- Poo 4 Ac R TIGARD, OREGON 97223 L'. - _ \ I 1 _ _1 1_ -- . , i I �� PH: (503) 608-5150 �!. I 39.93' 20.00' 43.01' [+,, 'S.W. L( ' m - 1. 0=- I 7.00'R.O.W. DEDICATION•N 1 I E. 40.00' 20.00' 45.87 _I r:---- - - — I - 105.82" -- _ it i ' 1 I —'I ENGINEER I I I III. I , ; I E 1 I FGFNn 1 1 III II • 'I I, 1 - Ep PROff e.00'I I it I I WB WELLS AND ASSOCIATES 4.",•••,,, ,-...i;� o. Dio. %l- EXISTING GAS UNE I '.PUE III • ° •'1 ----'I' '9' �` I~!-' I I ;� ; i j 4230 NE FREMONT STREET L' �' Q4.5 -5 EXISTING SANITARY SEWER o I I III I �% AND NH 13 1 a: III 11 I 1 1 PORTLAND, OREGON 97213 1-"'� -1 ° EXISTING STORM SEWER, ,375 S.F. '" ' Pi I( I 1 I i PH: (503) 284-5896 �\'V" >°'`or• NH AND CATCH BASIN '4F N O'• EXISTING OVERHEAD U1IUTY - 1 -I: I TAX LOT III £b'T III I I I FAX: (503) 284-8530 L C.M _- -.- -- .- ---- - EXISTING EDGE OF PAVEMENT 1�, III eccr. I!� I I CONTACT: MICHAEL C. MONICAL ° -- "'�' c = EXISTING CURB �- — — — — -- — — — I .'I I III I Su?t*11tRE0412: l;?iG -r--+' --— EXISTING VALUER UNE. METER, a — —— iD7.72' — — — ; 1 1 !' I I I I SHEET INDEX dc-- — — EXISTING CENTERUNE 8 r — �.' ! 'II '1i I ' I I SANDIE RUSSO _ __- EXISTING R.O.W. s=-s I !'' 1 - I I 1 PRELIMINARY PLAT — - - - - — EXISTING LOT UNE ! , - 1 20 00' - - -- - - - - t! 12655 S6 N. DAKOTA ST. 2 PRELIMINARY GRADING, STREET & -- --— PROJECT BOUNDARY&R.O.W. bo 14 I L . - 1500' ; 1 ` I 1 EROSION CONTROL PLAN TIGARD,08-5150 3 ——— —— — PROPOSED LOT UNE o • 5.011 S.F. _ 3 PRELIMINARY UTILITY PLAN PROPOSED CENTERLINE '" ? III —' I I ' I I 4 EXISTING CONDITIONS PLAN REVISIONS: 1 PROPOSED CURB i I 1 5 II II ' •+ .I I I I I I `5 TREE PLAN r I REVISED 7/04 PER MATT PROPOSED EDGE OF PAVEMENT I N I I' ' II I SS SS PROPOSED SANITARY SEWER J I _ SCHEIDEGGER'S LETTER -J I TAX LOT II 11 I ! I y��I I i\`� --, 1�•�� ,, DATED 7/7/04 vT�$r SF-�� PROPOSED STORM SEWER, 107.72' - - - 202 III 'I I I - - INLET k MH I i _W N PROPOSED WATERMETER I I REVISED 10/04 "' REVISED 11/04• 1 g SERVICE UNE a II 1! REVISED 3/05 -3D EXISTING FIRE HYDRANT - I I1 �� !. / .1.RAC.A FL& I I I I REVISED 5/05 r n 5,841 S.F. I I ... ,'' -- : - DESIGNED BY: ' EXISTING UTILITY POLE I ��= - +i: ..�rt..� .''' W/k W/O LIGHT "' 1I1 II .-`- .. DRAWN BY SCK X 123.15 EXISTING SPOT ELEVATION ` A-�,_ -.'.'C' CHECKED BY:/A CU • X 123.45 PROPOSED SPOT ELEVATION _ 122'73 CI PROPOSED BLOWOFF ASSEMBLY ——— — _— —— —— —— —— _— — PLOT DATE: 01-19-05 ® PROPOSED BASIN WALL 0 10' 20' 40' ® PROPOSED CONICAL GRATE I © 1 SITE MAP \JOB No: 02-249 PT i SCALE 1:20 1 20' u2O1oT ( SHEET 1 OF 5 ) 00 PROPOSED BLOWOFF ASSEMBLY N , t • • • 0 I Z, l',---,-.----;' , ,..' ,7. ,//.,,,,..:•-",;;,7/". . ; L ..- / , I/ ''r'' I \ ! I .. I ...-. .. -- - - .' 6"W000 - I I I' i It 1 . 1 i . f1- I 5 1 ASPHALT 1‘.\///,I/ --.1.,, 4, T' ,A,, ,, 1, _.-------i iiif 1,, , TAPER " :,, Z WI 7,1 ',. Ul I 0$ ' I, Z n Z 1.1 24' - 20' o 7.5.2Z TO 62 1".‘1111:8z 1 r ..B• in WELLS Inc. 11 EMZEERSSURVETORSPLARNERS 4230 NE FREMONT STREET PORTLAND.OREGON 97213 Re11403)311R56F0(011)284.11513 e-malaftiss%iTiogrobsds.m71 . . / r friva 10' 7.5' 10' 7,''' ../ / i .a..1 8'1 V,• N',.. , ..... . i 71 \. • - .' - •," ., • • •R•,::. , /,' il 30_00_1! 0.5' ia, •r.t... V .-.`cP _. f- 7 ,• 0 ',Lao. c■•• . / c CO ...- , I.z. iz '''-;Arj •• I 1 5i I / /.,•'''''' -I- .. ..•- ...• _i! .7 --- r(TO 6% •,,,..-,,-...-",i$: z .N gacrCi:'i1:-.. af' ', /66 I " I Li I i s. Maim 11 ,......,,.1,....... 11.1 ''..1 / I n I -- -. I 1 ii, - 1--rni 1 rt I . •-•I.-.- =-2, atgaggs- ,.. , V . iv--LH-- ii .---- H'i Dr., li i Rik 7 .' . .„,-i . .. .. 1 F______! ,L• -43 -1-- I 5 I 1 I II 6 Bux 11 . , 2- CLASS 13- A/C FINAL UFT 62.."3-00TFCLA23/S-4S0-180iCRUSHED ROCK LEVEUNG COURSE ../ , . „ . . r'•---1 2 I' s. . : i 3. CONCRETE CURB ::CHED ROCK BASE COURSE WC-CI F 4 1 - • glif ;,_. I '• „ . . I I I i I 134 ../ -----• ././." g!, • • ■ I I IL__T I I G-- 1-//.' I "1-11 .1 • .., ' 1 PER STD PLAN 3-130 OR MATCH EXISTING SECTION WHICHEVER IS 14 w/s-CXIRB EXPOSURE GREATER (24 , I o , . / . •I i • / I, li . ' -- I ___-----"- ''' I I -Z.: 33 50 COMPACTED FILL MATERIAL 95%RELATIVE 1:4 ./ , 11 11 1-I " DENSITY PER AASHTO T-180 El /r/ , 1__-_ ,,, • __ ..._.. „ ,I-- _ I ..--' , _II 1 , >-, , _ ,- 1 , • TSTREET B TYPICAL SECTION o , i. I, I 1 . ---..;., 1 . , I Ir4 c-) H „, t : . 1 . ... I ...-/ EXST CURB--- "t z 8 , • :,,,1L, --. -4mgwers, v 1 t , REET 1'.: _ j I w g. . .. . . 'il - • - - - - - - - • - - . . . . . . . . li:: .-.•• . - . . . ... -...-.•'-' ".-- - • .. • " 1111, RE!LL ,.1 1.11.4 8.97' _., ce u.■ 14 0 IX c.4 U ( !I 1141 2.' ,'3'. . -._- --- I-- - 77-- I 30. '--Z La 0 . Li 0 0 .i_- ___. ,-7- ,, - _------- _.- - - ,... miumH i 7. 31+00 i 't,'1 r Z eg 4 H 1. _.,... \ NMI 1 il I • 1 12*„ 12 0 E: ) 111 I :>-;-..- - o cel 0.54 F.-cc .1 I I 5. 0 ' CURB I Eml ;. 1 •.' Jr ...-41.•••••■••-....---..-. I I I 1 - .I.-f. . . . . . . ..„„.....•...• ,., ri, I.,.. L____ ______ ___.n_ _L_...,_ ., ) .4t/... 1 . i2y__..: : I 1.5' 0.5'CURB ... _... 7" , 1, --- II-1 °." 0' - ,-: s. . . ....77-,77.!7...-.-----...._.' •'../ 0 CI) c/-)-tccn •c ,..,.. `,.. :.. / \<4 - ------ .aa 4 I .1 Ili .1 ,, ___.. _. E-. •-• .,--- ,. 11 _L----• --1,, I::: : -I, :7'1. I ••-•• Z c.,6 in \ I ir___.■I cx-1 -.-i 1 _-- --••,...• I •, ! •,r..T. I CCNSIRUCT SIDEWALK 2-CLASS -13- A/C FINAL UFT • I_,..-- I., •I --.,..... , I PER STD PLAN 3-125 • II • i I . 3- CLASS -13-A/C L Li 1 i .t...:•1 1 1 0 1 1 Al°I 12 1 L !..- ;:1 ii. , 1'-' 1 1..-i,..,',..-.;-t, , . 1,-- 1 2-OF 3/4--0-CRUSHED ROCK LEVEUNG COURSE CDC°C4 i,.. ',.. 1-- ,, 8 9 1 ... i 1E-, t---1 11 _- -•°11,11, J1+.50 / > 2 PER r OF 2--0.CRUSHED ROCX BASE COURSE Ilmi 1-1 -et ' ,Cl) : '. 1 r •- . , : 1 ,-r-.-I ::-. 1 ' I P,. , W/6" CURB EXPOSURE OR MATCH COSTING SECTION WHICHEVER IS '.." "..'::. 11 / 1 k . 11 l 1.. .!-■-20,. . ..... , ' ' ..1 it- ...• CREATE/2 0 : •I. :: / 1-4 • , I F- . - 1.0 I- / COMPACTED F9.1 MATERIAL 95%RELATIVE cd -i • . 1 11 F=1 ,I I .. C..,. : I . . I ,,.,..., , G"")i LIEXiSTING R.ayi. DENSITY PER AASHTO T-180 '; I7,:. ,. ir / 1 , . E..-.1 / 1/ < Al t:- .•---- ' • °7 I I.,,:[ Z li PROJECT BOUNDARY.3c-/: T .7-,- 4'-AC R• • -.. 1. I - STREET A TYPICAL SECTION 1.i. o DRAINAGE BASIN - , I 1----1 i I 1, -. 'Ll....-5.00. r-----11 . , . 1 I ; i ,.,; . ____--1=.63" \-LI N.1.S.- ---: • 1: ______I ' LI.1.1...../ USED IN HYDROLOGY REPORT ; --,7 4_____=- \ .., 1 : 1 . --„,... 1 , i ._ , .1. 1 i -1 , ; i:S.W. LONGSTAF'F _--. ' 1 1 , 1 \ e.,. _____L_,----1 I i -=;.• ..„. 1 I m 41 . i I ■ 5'Oill-• . C'l------- . . 32+00' I' 6T1Y-ITER ii re I., 6..Ar.r..,:.-----.-..... ....- -.. ..- ■ • . 1 1 ..f .1: I I • i...t..,,.....‹,„.... I La I I i . ! c -7.. ,. ..., .6...., 2r " %,--- . •4,-- viimminim :8.00' .I• I • ir •• •• 1- 1: i 3. l'......,\I•;""Y a . _--- PUE r-T,-,:, . .gk ii! :, ..• • , .• .....„. , 11 I. -it. ,1 i U.I.,i I. 5:1 ASPHALT a 70--- 0.5' f J............- ..,...... "S,222,: ,. TAPER a '1-31 9 SAWCUT 8 ?.EN FROM EXIST I: -, i I . 11 ! I i I-5. 5.0-*awb VCF_NTERuN OR AS DIRECTED III iii!I. i. 1 ''-. •,0 LI I BY POOT . SPECTOFL 19.1 _21 H SEAL St Y.TO-1. 11 t l \ I • I . 11 I i 1!i I i lj I P.1.: I 2%10 65 • \ I. t,,,--,Ft .: I. DPIFES.12/311.04 4.„.._ \ 1 IS • ■ III EX:5T T. =Mil/ 1----- • , I:_t__=._ I, .....■ SIGNATURE DATE 7/(-vi., : : ,. ........- . I*- .1' 11 L.--4 .1150-1110 ••./ : _, .----- ' . ': i 1 . 111 1 iil 32 SOF!' 1 II; . ,.1 CONSTRUCT SIDEWALK PER STD PLAN 3-125 r CLASS -13 A/C FINAL UFT BOB LAW 3- CLASS -B- A/C I 1 II ,I ; :=1 I SANDIE RUSSO I ( ' ' 1 III J V I i PLANTER STRIP--/ I. i ti I -OF 3/4--0" CRUSHED ROCK LEVELING COURSE 12655 SW N. DAKOTA ST. _----- -- - - -I .r. 1 CONCRETE CURB r OF 2--0- CRUSHED ROCK BASE COURSE TIGRD, OR 97223 ------- 1 • 20100" • II , 1 - - - - Ti , ,.. PER SID PLAN 3-130 OR MATCH EXISTING SECTION WHICHEVER IS 503-608-5150 / 1 4 L ' - .'151C°. I I -1 W/6- CURB EXPOSURE GREATER / 2 - - -OH-1--I- \i'S,.._cii ..,: 1.14,14-. I OMPACTED FILL MATERIAL 95%RELATIVE C- - 1 F'- / REVISIONS: i ,....., 1 I DENSITY PER AASHTO T-180 , 111 i 1 i • . • A -4 REVISED 7/04 PER MATT P . / I . 1 . I SCHEIDEGGER'S LETTER III --2-±'--1----„zi;•,, TSW 95th AVE. TYPICAL SECTION I, ___., ,, ill , i I N.T.S. DATED 7/7/04 , I i "I 1 ! -111 II iii 1 33 00 1 I 1 i F I REVISED 11/04 I 111 I I V i I. II , I , III 1 ; I . ,.• . ,- • ,:, I i I I s __6-NOW • 111 ill 7:71\I 1 Il.„----- tTA12" . . • / .T1 I III EXIST it ° i ii I DESIGNED BY: .:.:..1 AREA TO BE RE-VEGETATED AFTER CONSTRUCTION ii I •-._. "' TRACT A - afic 1 Ii 111 III 5.00' . PUE I : I L I , •-artf:P/1 I DRAWN BY:SCK CHECKED BY:MOM EX1 • I fILDr. I, _ •_,-_-___,_-------_-,___-.__,__ '\ , il ------_,_ l'ARIES 7 PLOT DATE: 01-19-05 i90"10 20./. ,J013 NO: 02-249 GRADING, STREET, & 0 10' 20 40' ' ci,501530 -1 EROSION CONTROL PLAN w , i I SHEET 2 OF 5 ) ) *: (I) I 1/4 SCALE 1.=20' 1" = 20' • • • 11, ~ | /� '� � W.B.WELLS/' | S u�� =*�� i ' . �, ^�"^o /� ^^^ ' /` / mp� I ^ ) I U � PORTLAND."~`°~~~ n BIGIEBISSINVEYCISFLAmERS 4230 NE FFtEMONT MEM' ~/' ^^ I I o i m==�n�n�=="j it .// ^'^ oun�� // ^ . ^ ^^ -- u�u� e� ,/ ^� __---~---- -- -------- - n��' ^ � ---- T ___T____T__ � um/ �^^ �.~/�. / . II 46,o'',-,,e , /', / T-1 / /`��r-�� ~'��, // ^ / __ / | 1 N / | ` ' ^ �� | --- I �� | 5 / �� l | �� /' �^ j | | 5 ' �� ^ | l 2 J | 4 / | | li ^ | / �- ' | 111';:: | ! �� / I , / I ' L.~ � »� /• ^'� / / I / �-� / ��__� � � / ' ^ ' 3 * 0 STORM-ALTER�� | �- | | ----- ^^ | ---U ��u�y" _ . '^ � � -- � h I| | - - ``-~>~ 111.—=...__3-| | i | | �~� �m°c�m� uv -' - � �-LCD z - / � - E� INLET R94=2R94=267.95' ill '-1-.--'-1-.--11. �_- - Cl) --� - - | '- ' ' '- xz o - CO C) -~C _ I....4| � � I -- __{. ,----1; ; � � ..--.'-------i- \ ` _ --,+ --- \ ' |� - 0 | | \' �� c^ | ' E~ ii,,,,,_-.1".• " ; U | | ` j " ° ^ | / - �' ^ / I r � � � II LI | I � IA;;WE; is.-1 I i ill II' . -r-- ir,t I 1: ----- 13 Ilit il! III ' | �� ! | ~~^~ | i III / ~~-~~-^ �`- -------- - -------- ■ � | U I | ' � / BOB �n ill . � Nm N � / / | ' i / 3x0U� KUsSO•' �-J ' I ST. II— ', | - - ---- - - - � 14 11:—.—| ' ' 503-608-5150 � / I ~ REVISIONS: ~ / REVISED 7/04 PER MATT / | s�ooaxz"s�`�v / '�m^ III 1.1| � i � "m� ------'- ----- ------ -- --� | � / I REVISED 11/04 I � | / I o /■r�o ^ | �� '| ---- N 111 � / I DESIGNED BY: r _. � o�"wn^u s _ -- - ---- ----- -- --- _ _ - -_ _ __ _- - | " CHECKED o�� M ^ i | | | ' i * /�\PREUW|NARY UTILITY PLAN �/ s�� .'~x, 0 10' 20' 40* '| .13- 50..34 \. PLOT 01-19-05 JOB 02-249 ) ‘ I I ( SHEET 3 Or 5 ) � �� v • • • • W.B.WELLS /- .- ,- "7 I TAX LOT a I iI'bl 61,1-DEC.I, mew r� 500 0l I` 1, 1 DRIRi H TAX LOT 1 �- / j a00 1 r , 4230 NE D.ORE i STREET PORTLAND.OREGON 97213 1 / 6 WOO I .I �, Parg.s¢g7DtsaFAY�112E1s141 --- -i 1 \ rfrAct ,�i`` G�U, ; �' eaa3 address:idot btelt.mm i ,'_ 589'51'33"E 1200.00 S _ / '_- I f AF.aO //63. / /�_ --- -- -- - 2-8".APPLE V - /,� ` .- _ Jz MBA ��-996'. ,$ -0.0•'1 , i ,� ;'01'31", 1-12-APPLE W � N ,L 1:0F'/ ' 33.35 FS' 20'9 DRIP - 3 8' APPLE °_'' V^ C VERT Q N T I1I�. u• Ga`' �/� 1 r.-`t ^- 15'©I DRIP,' 30m�DRIP I" 40 _, _1- a��tit` ' f COST 1... j �` 1- > • C ADC I. to = / / I'• 1OT I �)a Z / .i 31 1 C7 I 14" LOCUST ! I I :' _I to :� I 2C'3 GRIP `i�-`"'"-'4 1 l rrG 30 50 .C1 4-B=fVW ORORNE l ` %i ,. �i / 6 I ,.� 15'0 DRIP�3• I / 0 G • 1,2-8"APPLE f`� ---..'--� I1 ;,/ 11 1/ �j l5'c DRIP A ✓ -- I I N - I Z MT CtRS--__-4 I �T 1 7 ,- I I 1 �F z i 5 30"^LO�u:T cc; '1 z Z• , 11 �r, 2-8'APPLE 0'2 GRIP 4 I "89T 0 / 15'0 DRIP _. _ I a W r '1 •z��"-" ■lit, :. .t. TAX LOT I t.I" 4 a z >Z 400 I 1 I r 3, 6�APPLE 12'APPLE - w, i l i 1 I �J� Q 10'0 DRIP 15'0 DRIP FI -1 1 1~E- 1 , •I I + I I I o Z _ h` I Q W x - I d PPL --DRIP 0 , I I 7 • 3115 .0 Q 1, - O C I 1 , I ■ /' , J "EXISTING P.O.W. )4 c o s TAX LOT E-, . /' 1 307 16 [ ,952 _ _, ' __T_�;, S.W. LONGSTAFF Q 6 -0-1/ I' ( ` saa 44'ze w- ' 109 n9 �'' kl • ,---,-..,3'Via=: I y.....,--4 r`O 1 o i 1 ,32} 'z:4�T'� HtDFAIJ�5-eAlf•4 w ,y .N_ 6•,fi{� , - 11',iil :6'.:,£.P ; I li! III ,� I I I 1' - .^' V FL'1 1 ; € ` III !i! _ —— lid i _ 7-- ,li /,0-414 :\ f --:I _l — " '14- •^CH III 111 �� I_ —11i 1 I. Le., /` I. I, • N ��r / 20'4 0.75-." iii III ImI I -• _ I al.s •J i; \yL' `. ,f� of TAX LOT III iiI I^IIt I; I \1Py\:zo.lj�4e•ry �` \N. O & \ • ,` 203 i £1A7 (I I I C.M �II ` z :s'ot; 'II &OC I I it I DIVES:,zrs aao. .0:C,27 _ ,, JO•o DTP i I CI :'j 1 32+�50�' I srvuna�wtE J�i_p{�a. 7 . l r ,- i ft~• , / r-7.`, ",/ 1 , _�1I • 11. ‘I I ` I BOB LAW•-5 y 1 Y y o _ / "'"-- j -" �'`a'�^!r'_� I __ 99.93__ p•� I`- i i I 55 SANDIE N.RUSSO- 1 , 1T A� �N89'04'43'E 101.95 -- J i ( 12655 SW N.DAKOTA ST. 1-5'HAW:HOP.NE 1A ,"� %C'&'RC7:y kM L\�\, I / 1 1" I J0-0 DRoP 1\ \u• i' l5".Grl? d'.Ii,.� \ , OH—P 1— i 1>-Rn, I X503-1SI0N150� �- l io:Alf 'jiiT;;�\ I I k ' REVISIONS: = 15'9/KIP u✓A R,' ,,,i I/1/ t\\ �' I1 I I I REVSED 7/04 PER MATT •i " _ t�+J�1� I�'P u / I I ` . —1 I Iln 13 ° I I I SCHEIDEGGER'S LETTER•. - 2-5'rW:Nr.*f `^�� I TAX LOT _Al 1 °I_°o I10 I DATED 7/7/04 IS'i DRIP I 202 5•RR In o I I , . JO'o X \I I Ig I REVISED 11/04 1 pF Ii' �� r•� .� r t 1 l ,' •- iJ�t v=w�lli fXYSr �•�I� > I �- fP1 /// I P" - ,5 MI. as/ d--1. �-. k ;1 / � DRABYTJ1L ,/ N89-0540E ' i''^4\�.s� 15e O>2 1\4:7T-50.30 PLOT DATE: 01-19-05 OP 5•.4P.P.. TAX LOT I I =5•a^ 201 0 `JOB N0: 02-249 _ 10' 20' 40' I O (A EXISTING CONDITIONS PLAN ( SHEET 4 OF 5 ) 4 SCALE 1•=20' 1' = 20, • • • • and W.B.WELLS associates,Inc. / TREE PROTECTION NOTES: 31 LF81SMNEI ORSAA 4730 NE FREMONT STREET / /// t PORTLAND,OREGON 97213 1 A. MAKE EVERY EFFORT TO PROTECT ALL TREES, SHRUBS, HREf�A7dc5638TA1E411d68SL J�` GROUND COVER AND OTHER VEGETATION EXISTING ON THE P °tr'e�m"' / ' /� ` PROJECT SITE WITH THE EXCEPTION OF THAT INDICATED TO / S89'51'33"E 200.00' ('-'1}_ I ) I BE REMOVED. $' W4 FO 0 ,/,....... -.�--- -- 2-8° APPS -- .- >-ns -:-.•.--,'-,=1 1 ` • cn S / ° ` A , `i ■ B. MEET LOCAL JURISDICTIONAL REQUIREMENTS FOR ■i' T �yaf\�j1 / N78'0�'3� , -._I-12" AP E ✓ ni' 33.35 i � 20'50 UF.IW 3-8"APPLE PROTECTION OF EXISTING TREES AND VEGETATION. °a;�iti° BEd% P° / / / ;1 I ` . e -- 15'0 DRIP • 1p'SHE CORY ! 9ssocia�es 30'0 DRIP I / ! , ! \1.-t, r I 11 I C. PROVIDE TEMPORARY FENCING, BARRICADES AND , 7 / I I 5 I I F I GUARDS AS REQUIRED TO PROTECT TREES AND OTHER / / �; 1 4 6 — i i PLANTS, WHICH ARE TO REMAIN, FROM ALL DAMAGE. ERECT Z ' L I 2 .3 J- gin, I i PRIOR TO COMMENCEMENT OF CLEARING AND DEMOLITION O ' hi-I I ) �'' i) I WORK AND REMOVE ONLY AFTER ALL WORK POTENTIALLY O 1q" I GUST ` ,_ ` I Il 11 I INJURIOUS TO TREES AND OTHER PLANTS IS COMPLETE. // i I MODEL ( i 'D ~I ` 1 I 4-6° HAWTHORNE ''•' FENCE SHALL BE PLACED AS FAR FROM TREES AS IS C J bD j 15'0 DRIP `' ' PRACTICAL, BUT IN NO INSTANCE CLOSER THAN ONE FOOT / _ —II 4008: f— , 1 OD�L� N 1 BEHIND REQUIRED CONSTRUCTION LIMITS. FENCE MUST BE / I_ G" I i MODEL � ��4B� --°,^�_ V I I SEMI-PERMANENT 6' CHAIN LINK FENCE ON STEEL POSTS r, El // ! 1*' 15'0 QRIP I 2174A �" `" = ,l I M�1 Z t l y.;._-^j`° . PLACED NO FURTHER THAN 10 FEET APART, KEPT TAUT W / t, ,..m;'7, •• A °° AND IN PLACE THROUGHOUT THE DURATION OF Z O 'p a. ' _ ':° I CONSTRUCTION OR AS AUTHORIZED BY THE PCA. /' <'r,�.�?,8•APP11E JO.O DRIP STREET_ - Z �� l ' I D. PROTECT ALL TREES FROM STOCKPILING, MATERIAL t.s,''I ' - =rte - -V STORAGE, VEHICLE PARKING AND DRIVING WITHIN THE TREE Z d Z• r �! DRIP LINE OR TREE PROTECTION FENCE AREA. O E HP6� - 12' APPLE i 4. 'r :, ( H lO'0 C iP 15'0 DRIP ,t ;c••' ' ! 0 a (•cJ 1 I �1 �!—��` I 1 'I I 12:1 (( L.4— :,I I 1 I I 1 I Vi x S; I *k(I cn d ! E-, , ! r-.` -e _ 1 W I in■ /.:pa DRPA �I \ W I i I I 1.1 cm M 8 g Is , '( l ,< ' 1� o li rot I MODEL ! I '( II ( I r _, E. F� I F�FND , i 4008 _, i1 1 I, i II—I ' , ' E- w EXISTING GAS LINE I i i t I I L „_, _ EXISTING SANITARY SEXIER o ii i iI I 0 ;roc EXIS T cA a4M BASIN' o >�c -- sas44'2a°W-- 109°93' i EXISTING OVERHEAD UTYJTY Z I �;a �`,� I — . . _._- -._. • • - - EXISTING EDGE OF PAVEMENT --` - ,�a:.a -._ `L4-L.} I I� e T = EXISTING CURB -- - x� Y;!�'> I 1 II I�. ! I —':-1— OWNER/DEVELOPER= v, W EXISTING WATER UNE.METER, '1 i 1I & GATE VALVE I I•I ( II d I I F BOB LAW & SANDIE RUSSO EXISTING CENTERLINE , ! I I I!1 I I 12655 SW NORTH DAKOTA ST. —-- --— EXISTING FL CI.W. 14.5L;k I EXISTING LOT UNE 13 _0'+c,.T 3 imi 1 TIGARD, OREGON 97223 _- - - - -— PROJECT BOUNDARY&R.O.W. �'-4-4 o' I I ^,N , PH: (503) 608-5150 — -- - - PROPOSED LOT LINE - I! °, ! ! m _- -- PROPOSED CENTERLINE 1 1 I �' I I �n I .. PROPOSED CURB 1 '-5' AW,h_.';E 'j z 14'04K I I. SS SS PROPOSED SANITARY SEWER 9 , 10.0 OPP - - -- - `�_'-0'0 0?.? 4 I I�.I f-_-.-:. I I — /IT I I G ENGINEER BOB LAW 0 PROPOSED STORM SEWER, 1:1(::,..,7 •f; (I 1< 11 74 °'' ' I WS WELLS AND ASSOCIATES SANDIE RUSSO • ' INLET 3c MH `L A °{r ',� q L . '1:I ,- j 99.93' 10'50ORO' K., r-' "- •-4•-� ?' .6: - - -- -- i I 4230 NE FREMONT STREET 12655 ST N. DAKOTA ST. —w W PROPOSED WATERMETER 1 - TIGARD, OR 97223 6c SERVICE LINE -5'HAS•.HCRHE .'4 `' • 1 4 f5 113 - 1 l -.N89'OI'�3°E 10195 I I PORTLAND, OREGON 97213 503-608-5150 -3D EXISTING FIRE HYDRANT �•J C>Rq I f- V / 15b ORO' , __,,•_`�_s..`l I;i �� = I �� -/ 1 I I PH: (503) 284-5896 ' REVISIONS: Y' EXISTING UTILITY POLE 18-APP£ ,!�\ a. f I ; FAX: (503) 284-8530 REVISED 10/04 !� W/k W/0 LIGHT 150 MP i1'aTiAR�;i% i\'\`. . `_� 1( 1 CONTACT: MICHAEL C. MONICAL X 123.505 EXISTING SPOT ELEVATION f �•+ +' > ti ` i— INI 3 I I ! REVISED 11/04 X123.45 PROPOSED SPOT ELEVATION _ �1�, .e.` 0 PROPOSED BLOWOFF ASSEMBLY - -- ;5.50 On"'r �^ I I1^�!o 1 I I ® PROPOSED BASIN WALL 8 ER 1 o I PROPOSED CONICAL GRATE X70ORP \ I .12 1 00 PROPOSED BLOWOFF ASSEMBLY -_ N\,\ / 3,1 F 1 '�� 10"OAxI DESIGNED 9Y: I N:cam i � v r" 3O's 0%P \Y z„--.)1/ TREE::o:c:°::auc 1 5: 3 / I I 0 20 0-- 718F53.7)--- b �, `-• •' s 101.95' - - I I _ 1_ 20 �TREE 1 E ` -`. S 22.F6.4PPLE i- = 20' 1 / / PLOT DATE: 10 21 04 1 15'o R4P `JOB NO: 02-249 I 8'.4P1'`SE I 0DRIP I ( SHEET 5OF5 ) ` / ` J . . ' ft . ' I I I I I • I I I I I I , I 11 \ S00.1 0000E 339.10' ---- - - - - - - - N., .4 (11 b -ri....., O'c' 21.00 21.00 c›.. I \ 7 \ ,Ot•gg 7 00' • ri•i) 1/)-1\) N -," ‘,.., -n:..J CD b ,..., -. -.I ---1 ca. cz"., in-IV E; .is Si, (0 iLl a> __A o I 0 ..1 (61 ..- r7; N) ,I 0 L. I I CI 71(f) Cr) P.I __a 9 ' 0 --.1 n i. ,9gf:? = - 77.00' C* ('. V' P. ,-n c.,4 L4 2 4, (0 ..,/1 .p- ca in o co 9 o r1 ___.----- I 1 6 o c? 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I �� I. i 'f •X Q kJR•DR OFE'."_45 7r-- I' ` `i\____, I I ` '''YE 3eiQt.'j/� rl -.II .• ..al I" P2 FLI1'.nI FLOOR FRC'tPG • / �zt`• I // a Of 1 j i I I r-E=_R5 cv eLILT-I!P C_-1_ • / I \ of 3,en yarn Es • • �( BR2 BR3 \ II _ \ I Ji%1C.'/a ✓� * 9/a X NS✓- \ `�I _ II N.• ELOD L(/OPTf'NOL b%6 I. -1 SG ` •y 1 F Ttr;FROPTE. MAUL,.YET••JER• ` \\ ..> ., 4 1 \1 , II X I0/t3 MEM ON 1'GRAY1L4R FILL III .X Q'S!DELITE51 FEtPJ I l-'4- �f 1'RClDE V F1Ki1 -.7; II 4 ni „ENO-Y,aP4?t 6l'IDT,I 1 i ! .:FLF.F5•).•CO. n O.Tu;CK@I SLtH W/(.l•<e4i° m v' I , I • -\` ' MI FFaR'_CONT. t0 FIS3(LOLLS Y I 1 I(�THE MEA`t, \) AT G.3R•>v-v COCK OF£4WGe. 1- s-Mm aMlfr 1 i IT\\)›. i /� 3/.".'/.5.•J Sal 1 -� \ -'st-'X�=SA I I �l III /f'Fltlrc-N DYl JSia. 111 ^ II x '"Ili I i CF_-T J�C J E J\ � (E7�T CLFTG ti RP) III R. n� I l \�� I `,�.- O lid/ Y./,%VC CH DR !II - __ N.¢ \ \ / I N •p 5k'%DIV 2-1F GL HDR e S _ 1 i ?c? I \ ` i I T ! �4- ? } ro,•y,sar rls:c x re -P.T.e n st`I-J---- -T I :7;.-I::I CM Iba Ca710N•3K'CC. gy m - "v I I i I i 9 6'F It1LT.3575.is E I! 5,_,.. I I .L•-9' I b'>• •{I /1 (<^'.a• i YJ'4 3'-9' t'_3; i s i ,c-o. I e-a 2O-O e•-0' j U�ii- , i3".?F C UPPER FLOOR PLAN MAIN FLOOR PLAN 2174A �aLE,'l4' 1'-9' FiG4E:Vc' I'-O• 2 cxP C © me NMI Wl?dTO. I AiR 60._. • • i 0 iii •, . // -_\\'\ ROOFING MATERIAL (SEE RDCF FLAW \ \\\ G.I.GLITTER ON 1%B FASCIA _ \\ \ /�' - \ N,—la CND DOER.SPOITS,SEE HXF FLAN/ ( \, , . ' �• \• \ 541% CEDAR CORKER 805. / ! ``\. \ +KOWIONTAL LAP EtDaKG G/\/^ 1 --- - \ (CAULK JOINTS STUN SIDING ` ` if,= S CORNER BDSJ .__�t TOP „7'-‘,Z (_ / / ; xawAs8 ESnoN �. -�� i _ • � U'MDOU HELD -_z `` ---- - --------- _ 4 0.1 - r_— ---' CT>LY.vER/SY U!/OUNERA:a11LDER --I,- -- r I:S.;, �i• _ I I / ' i, -� Ski:• : :0 =' _ 3 it I `i{�7 . 1 A i„il ¢• L'■ '\ Gpl(6i E'D GLOOit _ _ _�-1 nii=3• i °R . , FIDb_WEL FLOG _ _ . .' -/ _ �r• _.—.- —._.—.—.—.— —.— Szli if:t i� •` TOP. -```\' 1 1 - !,it fil .i( Al: :' ° . � l -' '_---� I,1 j,,, � =i ;' - FEES-'ED FLOCK -11=t+ \ \` 1 • •LEFT SIDE ELEVATION (` H. \ 2EA61 ELEVATION R �J -9'5�%6 \ \ \\ J/ i i ` \ % \ �i //--\ \ \ C\ i \ ;. o ` Ii `BRAG T p ` 1. T' \ iii ---- l�� _ /� __,. \ \ )\ \ n , \ ' � we�� '% -- '-P Y'1 �j 1[ INIra(fia�a7aIR[ a [ai[R=:•.\ '1% • (( .., I 0!14 t • '��+', �. i ■r fin.. :; � I`\ /..."-.1.x_�� ^ I _ I � _.,,I. -- , i �� ' ♦Y' . / Q 1, .14.1 A. r G I�.11► `/ mum ;ric tip[ \ _�ti J ► \ kW.'fitAklYNX- . ; , TOP. - pa' ', �l'hM-�, .,' ��-.� ► \ - �`��,?� ,• l I I I �r' 1/r� �� i - = ' D g° ° - .I , ,� L D q ,� 1 I L r-Fri I 1-1:;'.,' - gg , 1 °° _i _ ( " 1 — • ill! Mt I ' feu=L rw�R s 1 ! 1 + j; i I �' � =-, �t , ` `• ∎4197C L—.L_L _I Li LI J _ ! a '. ^- , � / as - simmuno aka 2174A PIGNT SIDE ELEVATION FRONT ELEVATION 9G4LE:VA' •I'-C' Y-LE:vs' •P-O- �SPM1XifT C 19,, ALAN lMSCCSST.OESGr,6 . . . . . . . , , . ... _ _ -- -• . • • . • • • I • i • - • • 4 a ! L A t . $i .§I q Q R t ki Illk ; ?g 8P P "! ou m rl ?z1 ;..K% t R E rt. t t- .• ....------ ; ---'----' / .. . / - :1---4-1--.0./..rA IT---L ...- --., I I .fs• ....• / . t4 1-- I I 1"F;;IT---— , / 1 Ill . 1 ! • 1 'i 11 1. . !! 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Immo- 1 411 , . • . . ,_- 74:_. • , . :„. • • 1 lilt • III ) 7=-L• / • . i I / .. 1 ; - ,-/4-- . • i_'• _J- . 5 il q ' I .1211111.1.1.11111111 i_____. _ • , , . , .0 . i . ,X P . 'i t 1 . • t i I ... 1 ettuti.:Irl•Gl;E15,..T . i :. • • . . III 0 . F • ' 1-1=■ 7':',,7,r,LF&c>,Ta :2.r4. 1 SO. T.I T 0 .III:I4r....::g.II:IFIE.PI,I4.:PIT,E.7.:iffIIEf...I.IFEV.,IFILI: II . 0 2'47:1L12,-gr 'X.:2 VT: i . .7,-.-.z..-..v.=.7.,-.,.;..-...,. .-...=....-..m...7......:.v.7..z. . ... , p0 TOTAL ARCA loll 5a ST. • “'19 „„",■:::".,”?.7.=;:t".TVT,...■`'..,.,::.=17,....:74n.„ COLLECTION ! i . I • S 0 . • . 4111 , . . . -... . F _ DRAWING INDEX I BUILDING ELEVATIONS ' . . 2 BUILDING ELEVATIONS . 3 MAIN FLOOR PLAN \ . - 4 UPPER FLOOR PLAN S FOUNDATION PLAN 4.3”...6 . 6 BUILDING CROSS SECTIONS 7 a SNAKE/COMP ROOF PLAN cauccrta.a.79 ,V.V .--' . P RATED WALL ASSEMBLIESwar,...........an G GENERAL NOTES SHEET...crux.. 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I • • COMMUNITY CITY OF TIGARD PUBLIC HEARING ITEM ��P The following will be considered by the Tigard Planning SPAPERS NEW Commission on Monday September 12. 2005 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, 6605 SE Lake Road, Portland,OR 97222• PO Oregon. Both public oral and written testimony is invited. Box 22109• Portland, OR 97269 The public hearing on this matter will be conducted in accordance Phone:503-684-0360 Fax:503-620-3433 with the Tigard Municipal Code and the rules of procedure adopted by the Planning Commission and City Council and available at City Email: Hall or the rules of procedure set forth in Chapter 18.390. Testimony legaladvertising @commnewspapers.com may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person AFFIDAVIT OF PUBLICATION or by,al Z mou6na41 Spoonnp�eH? lj" s to the to epo the h d the decision l�eq alenud o SJoo 9 f OOOI ')/f/A�{uod a6�n '�' � '� State of Oregon, County of Washington, SS decision SLI 0q►Ie ; P UouaId ua6 sn yms satxa 1na�6lsou awo� �w�aluno�au ; - 4Z8IIa{Z'sa to splue'�pq 0146!1 snoloeds 100�6ZZ a Dnud Main o y„�,laaus 1a!nb nluo a6o 06 I, Charlotte Allsop, being the first duly sworn, Co sno�nQe� 4 qd/!Z woo,snuoq+woo�pagyIsis; 6 depose and say that I am the Accounting appe 68S$ woo�pa8 p uun 1 Manager of The Times(serving Tigard, A c rE p'` �� [ i Tualatin & Sherwood), a newspaper of by i , ,� � general circulation, published at Beaverton, in avat �' ” the aforesaid county and state, as defined by ple ORS 193.010 and 193.020, that Or a,Nir.--sea City of Tigard—Public Hearing co! Utirl ISOM (SUB)2005-00007 Arlington Heights Fu CNI TT10648 l ° -cos mu Ti s EOS bop Swoapoq b SJayo JOOii poompleU Pus Sgleq Z�I UM p a copy of which is hereto annexed,was PI!nq of saps 6w ,n U 'BZSI aUt awoy wea�pmon �";' published in the entire issue of said IeJnleu s,a,nleu PI. s lanai alq!ssod IwanaS•puna6Ife!d I- - newspaper for 10!e1lua jeaawo weap PI.PA Pue swat P�mS UBnad s,�auap�e6 a�IrUl's�amog I lod!apowa� U 1 aq B�?'suap�eB'ease 14eld9.uMelpa o f deep o ueapel le SII'a!dew pue J U7MO B PI 1ol sPooM j"% I P 1 r`r'.. Useoq sawoq panlen JO ON -ow Dews e'SUapj upeaw 'wised 6wdaams !` euo!ldeoxe eon moj 6ugias Je nos u s!yl(SOZ I)s�eMaarl pup�llo a U Pie f 8 14 U paaeiB s!a6eaiae a Enos successive and consecutive weeks in the 1658$spue l"� ad -n!l�te tianaloosruaq!wo� � e f3inbPuebw ` S P i following issues CIS aua as s mb pug ke�d aql wag siayo u(anb un Bullies i . 5'S anb un pus am s�May aql u!abeam anbsajry id August 25, 2005 000`�gg a1uS uul AUunuoddo a!q!pa�oul '^I v n.. `." ._ fl 1!seM uppdH C V/ LO R 1,AJ1A w L� r Charlotte Allsop (Accounting Marha ager) 9 9 ) 1 Subscribed and sworn to before me this ►N.S0 )f- ' �r ........ .4 t .-, . , ' el, OFFICIAL SEAL ='=.y... Y-- - z;. August 2005 'j)1 ROBIN A. BURGESS Cr NOTARY PUBLIC-OREGON COMMISSION NO.390701 MY COMMISSION EXPIRES MAY 16,2009 NOTARY PUBLIC FOR OREG My commission expires Acct# 10093001 City of Tigard Attn:Accounts Payable 13125 SW Hall Blvd Tigard, OR 97223 Size ZY-1 Z Amount Due$2 o0,Li° •remit to address above . • COMMUNITY CITY OF TIGARD PUBLIC HEARING ITEM vo. The following will be considered by the Tigard Planning NEWSPAPEkS Commission on Monday September 12. 2005 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, 6605 SE Lake Road, Portland,OR 97222• PO Oregon. Both public oral and written testimony is invited. Box 22109• Portland, OR 97269 The public hearing on this matter will be conducted in accordance Phone:503-684-0360 Fax:503-620-3433 with the Tigard Municipal Code and the rules of procedure adopted by the Planning Commission and City Council and available at City Email: Hall or the rules of procedure set forth in Chapter 18.390. Testimony legaladvertising @commnewspapers.com may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person AFFIDAVIT O F PUBLICATION or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the State of Oregon, County of Washington, SS decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeal based on that issue. Failure I, Charlotte Allsop, being the first duly sworn, to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an depose and say that I am the Accounting appeal based on that criterion. Manager of The Times(serving Tigard, A copy of the application and all documents and evidence submitted Tualatin & Sherwood), a newspaper of by or on behalf of the applicant and the applicable criteria are general circulation, published at Beaverton, in available for inspection at no cost. If you want to inspect the file, the aforesaid county and state, as defined by please call and make an appointment with either the project planner ORS 193.010 and 193.020, that or the planning technicians. A copy of the staff report will be made available for inspection at no cost at least seven(7)days prior to the hearing,and copies for all items can also be provided at a reasonable City of Tigard—Public Hearing cost. (SUB)2005-00007 Arlington Heights Further information may be obtained from the Planning Division CNI TT10648 (staff contact: Gary Pagenstecher'l at 13125 SW Hall Blvd., Tigard,Oregon 97223,or by calling 503-639-4171. a copy of which is hereto annexed, was > ARLINGTON HEIGHTS NO.3 SUBDIVISION - "URBAN SERVICE AREA"< published in the entire issue of said SUBDIVISION (SUB)2005-00007/PLANNED newspaper for DEVELOPMENT REVIEW(PDR)2005-00003/ZONE 1 CHANGE(ZON)2005-00005/SENSITIVE LANDS REVIEW (SLR)2005-00008/SENSITIVE LANDS REVIEW(SLR)2005- successive and consecutive weeks in the 00009/ADJUSTMENT(VAR)2005-00031 following issues REQUEST: A request for approval of a 64-lot Subdivision and g Planned Development on 16.82 acres in two phases. The lots, between 5,032 and 8,069 square feet in size, are proposed to be August 25, 2005 developed with detached single-family homes. Phase I consists of CAW/ \, ( ULLs c 53 lots on approximately 14.13 acres and Phase II consists of 11 lots on approximately 2.69 acres. Sensitive Lands Review is required Charlotte Allsop (Accounting Ma ager) because the proposed site contains slopes greater than 25% and two drainageways. The applicant is also seeking an Adjustment to exceed the grade standard for the extension of SW Summerview Drive from Subscribed and sworn to before me this 15%to approximately 20%. LOCATION: The project is located on the north side of SW Beef Bend Road, south of SW Summerview f'' Drive in Tigard's Urban Services Area; WCTM 2S 109DA, Tax Lot August 2005 2100, and 2S110CB, Tax Lots 600 and 700. COMPREHENSIVE Cr .. � PLAN DESIGNATION: Medium-Density Residential District. ZONE: R-7: The R-7 zoning district is designed to accommodate NOTARY PUBLIC FOR OREGC a ttached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 My commission expires square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Acct# 10093001 Code Chapters 18.350, 18.370, 18.380, 18.430, 18.510, 18.705, City of Tigard 18.715, 18.725, 18.745, 18.765, 18.775, 18.780, 18.790, 18.795 and 18.810,and the Bull Mountain Community Plan. Attn:Accounts Payable 13125 SW Hall Blvd i t.L.i. _1 `;,->;... riiuiriiiw Tigard, OR 97223 j — ., '( ____ ___,• L' : __ PDAMSdo113 Size Zxl I - IONLns•1NI5 -Amount Due $2 o0'`Io 7�-t1 IIII�- I- �; t } ' su3ns-lolol J l_�. �.....,'7._ r 'Jr_Lill.. ,. 1Ji ... SLR211S-11119 •remit to address above �,_.... \\\�� -- VARIIIS-11131 NI ' al Ilj __ `'' - r� ARLINGTON HEIGHTS _11- li 1- i —, \ \ i'-=1`-..� N0.3 SUIDIYISION u.__ ' _.. pp;;�� i 'Fl 7- � t `''• \ Y �WitIL'. to/L(. ..1 r L \\\ '\r -' 4 -\ ...c--,,,,c3„,..'-,- ..,4, ...,..r...,,:.47,4--"- .;M kn .,..x.„L•SA TT10648 Publish 8/25/05 - TIGARD • PLANN4G COMMISSION CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM/{: 5, Z Pagel.of_ DATE OF HEARING: 9 lb_, 05 CASE NUMBER(S): S U & a.csas - bb06-7 ?Die - b0003 OWNER/APPLICANT: -��h -� h ,t/e7& S 3 LOCATION: Q .6n d 046 PLEASE PRINTJYOUR NAME, ADDRESS, AND ZIP CODE [PROPONENT (For the proposal) / OPPONENT (Against the proposal) (Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation) Name/_„ Name: Address:./' ? -52LJ f'22, VGt✓Address: I £ C1/1) -.1?"rat VV a City:`'�i?/` State:t'i%G Zip: 9,/7 3ity:J L4 I ' t State: ° �, Zip: O "( Name: Name: /-1 1-/ Address: Address: /7 .s Q State: Zi': Ci : .. —rioup State: . ' Zis: • Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: • • Agenda Item: Si A Hearing Date: September 12,2005 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION A`''"e. CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community Deveropment Shappi�n� A Better Community 120 DAYS = 11/18/2005 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: ARLINGTON HEIGHTS III SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2005-00007 Planned Development Review (PDR) PDR2005-00003 Zone Change (ZON) ZON2005-00005 Sensitive Lands (SLR) SLR2005-00008 Sensitive Lands (SLR) SLR2005-00009 Adjustment (VAR) VAR2005-00031 APPLICANT/ Matrix Development Corporation and APPLICANT'S Porter Company, LLC OWNER: Terra-Weber,tkLC REP: Attn: Larry Porter 12755 SW 69 Avenue, Suite 100 5510 SW Dover Loop Portland, OR 97223 Portland, OR 97225 REQUEST: A request for approval of a 64-lot Subdivision and Planned Development on 16.82 acres in two phases. The lots, between 5,032 and 8,069 square feet in size, are proposed to be developed with detached single-family homes. Phase I consists of 53 lots on approximately 14.13 acres and Phase II consists of 11 lots on approximately 2.69 acres. Sensitive Lands Review is required because the proposed site contains slopes greater than 25% and two drainageways. The applicant is also seeking an Adjustment to exceed the grade standard for the extension of SW Summerview Drive from 15% to approximately 20%. The applicant has applied separately for annexation of the subject parcels into the City of Tigard (ZCA2005-00001). As of the date of this report, the City Council has held over two weeks the decision to annex the subject parcels and other adjacent properties also under consideration. Therefore, this report reviews the subject parcels under the "Urban Services Area" designation. ZONING DESIGNATION: R-7, Medium Density Residential: The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: The project is located on the north side of SW Beef Bend Road, south of SW Summerview Drive in Tigard's Urban Services Area; WCTM 2S109DA, Tax Lot 2100, and 2S110CB, Tax Lots 600 and 700. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.350, 18.370, 18.380, 18.390, 18.430, 18.510, 18.705, 18.715, 18.725, 18.730; 18.745, 18.765, 18.775, 18.780, 18.790, 18.795, 18.810 and the Bull Mountain Community Plan. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 1 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find that the proposed Planned Development and street adjustments will not adversely affect the health, safety and welfare of the City and meets the Approval Standards as outlined in this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval and Findings within this staff report: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing site work, the applicant shall submit a revised arborist report sufficient to address the tree retention standard of the BMCP and revise Phase II to meet the standard. 2. Prior to commencing site work, the applicant shall submit a revised preliminary plat that shows easements between proposed Lots 6 and 7 and Lots 17 and 18 that will allow connection to any future path through Tract B and the pedestrian way accessible from SW Titleist Drive in Mountain View Estates to the east. 3. Prior to commencing site work, the applicant shall submit a revised landscape plan for review and approval by the City Forester addressing species diversity of proposed street trees. 4. Prior to commencing site work, the applicant shall obtain tree removal permits for trees removed from sensitive lands. 5. Prior to commencing site work, the applicant shall design the stream crossings for SW Summerview Drive and SW Solstice Drive to be consistent with the ODFW recommendations for culverts. 6. Prior to commencing site work, the applicant shall demonstrate that the water flow capacity of the draingeways is not decreased by the proposed development. 7. Prior to commencing site work, the applicant shall submit a cash assurance for the value of the required tree mitigation of $129,855.00 (1,038 diameter inches x $125.00/caliper inch), subject to a revised plan and mitigation value. n trees planted for mitigation on the site or off-site in accordance with 18.790.060 (D) and the Foresters comments provided for this decision will be credited against the cash assurance, for two years following final plat approval (a revised mitigation plan shall be submitted for review and approval to the City Forester). After such time, the remaining value of the cash assurance will be retained by the City as a fee in-lieu of planting. 8. Prior to commencing any site work, the applicant shall submit construction drawings that include the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation and removal of tree protection devices, clearing, grading, and paving. Only those trees identified on the approved Tree Removal plan are authorized for removal by this decision. 9. Prior to commencing site work, the applicant shall submit a revegetation schedule on a revised grading plan. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 2 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 10. Prior to commencing any site work, the applicant shall establish fencing as directed by the project arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and inspection of the tree rotection to verify that the tree protection measures are performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of work on the site until remediation measures and/or civil citations can be processed. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 11. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover street improvements and any other work in the public right-of- way. Eight (8) 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.ci.tigard.or.us). 12. 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. 13. 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. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. The public streets shall meet the "Skinny" street as defined by Figure 18.810.4.B, which provides a minimum 28 foot paved section. No reduction of this paved section will be allowed and the cross section detail provided in the plans shall be revised to show a 28 foot paved section only. 15. Profiles of Summerview and Solstice Drives shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 16. The applicant shall obtain a Facility Permit from the Department of Land Use and Transportation of Washington County, to perform work within the right-of-way of Beef Bend Road. A copy shall be provided to the City Engineering Department prior to issuance of a Public Facility Improvement (PFI) permit Permit. 17. No lots shall be permitted to access directly onto Beef Bend Road. 18. The applicant's plans shall show the driveways for Lots 62, 63 & 64 located as far north as possible. 19. The applicant's plans shall show the driveway for the existing home to the west located as far to the north as possible without encroaching on Tract `D'. 20. The applicant's plans shall be revised to show STOP signs on all private streets at their intersection with Summerview Drive. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 3 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 21. The applicant's engineer shall provide preliminary sight distance certification for the intersection of Solstice Drive/Summer Drive. The engineer shall also include narrative on the safety of the private street intersection that do not meet the minimum required sight distance. 22. A 5 foot sidewalk shall be provided on at least one side and the full length of every private street to be constructed. 23. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 24. The applicant shall submit sanitary sewer plans to CWS for review, approval and permit issuance. The CWS permit must be issued prior to issuance of the PFI Permit. 25. The applicant shall submit storm sewer plans and calculations to CWS for review, approval and permit issuance. The plans and calculations should include detention (if required) and water quality. The CWS permit must be issued prior to issuance of the PFI Permit. 26. The applicant shall provide a maintenance access road to the facility and any drainage structures within the facility to accommodate CWS maintenance vehicles. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided. 27. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit construction drawings and shall be reviewed and approved by the City's Water Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water lines. 28. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." 29. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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. • 30. The applicant shall incorporate the recommendations from the submitted geotechnical report by GeoPacific Engineering, Inc., dated July 12, 2004, into the final grading plan. The geotechnical engineer shall be employed by the applicant throughout the entire construction period to ensure that all grading, including cuts and fills, are constructed in accordance with the approved plan and Appendix Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 31. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 32. The applicant's plans shall indicate which lots will be provided with sprinklers in order to meet TVFR requirements for lots on streets exceeding 15% grade. 33. The applicant shall provide TVFR approval of the proposed fire hydrant spacing. 34. The applicant's plans shall be revised to show the public water mains ending at the public ROW. All meters shall be shown banked at the public ROW. 35. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 4 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 36. The applicant shall obtain a 1200-C General P ermit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 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 CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 37. Prior to final plat approval, the applicant shall submit a revised preliminary plat showing that all proposed lots (Lots 20, 41, 47, and 48) have at least 25 feet of frontage. 38. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ) fencing installation, through site work, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City can stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated. 39. Prior to final plat approval, the applicant shall submit a letter from Clean Water Services indicating that the conditions of their service provider letters have been satisfied. 40. Prior to final plat approval, the applicant shall submit a letter from Tualatin Valley Fire and Rescue indicating that the conditions of their comment letter have been satisfied. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 41 Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 42. The applicant shall provide a non-access reservation on the plat along the Beef Bend Road frontage, except at the access point approved in conjunction with the WACO Facility Permit. 43. The applicant's engineer shall provide final sight distance certification for all intersections within the development prior to final plat approval. 44. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. 45. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it (them). 46. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Kim McMillan) prior to approval of the final plat. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 5 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 47. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 48. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). 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. 49. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right-of-way dedication for Beef Bend Road shall be made on the final plat to provide 45 feet from centerline as per WACO requirements. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where in the submittal the required information is found: 50. Visual clearance for driveways intersecting all streets shall be shown on construction drawings for approval during building permitting. 51. Prior to issuance of building permits for Lot 64, the applicant shall provide noise reduction measures for Lot 64, consistent with the Bull Mountain Community Plan standards. 52. Prior to issuance of building permits the applicant shall demonstrate that the site coverage standards be met. 53. Prior to issuance of building permits the applicant shall demonstrate the front or rear yard setbacks for structures on the perimeter of the project are the same as required in the base zone 54. Prior to issuance of building permits the applicant shall demonstrate that any proposed dwellings have side yard setbacks that meet the UBC requirements for fire walls. 55. Prior to issuance of °building permits the applicant shall demonstrate that any proposed dwellings have a minimum front yard setback of 20 feet for any garage structure which opens facing a street. 56. Prior to issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 6 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 57. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the location of the trees that were preserved on the adjacent lots, location of tree protection fencing, and a signature of approval from the project arborist regarding the placement and construction techniques to be employed in building the houses: All proposed protection fencing shall be installed and inspected prior to commencing construction, and shall remain in place through the duration of home building. After approval from the City Forester, the tree protection measures may be removed. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 58. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 59. The City Engineer may determine the necessity for, and require submittal and approval of, a construction access and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant shall provide the plan prior to issuance of building permits. 60. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially complete. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off-site street and/or utility improvements are substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 61. Prior to issuance of building ermits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). 62. To ensure compliance with Clean Water Services design and construction standards, the applicant shall employ the design engineer responsible for the design and specifications of the private water quality facility to perform construction and visual observation of the water quality facility for compliance with the design and specifications. These inspections shall be made at significant stages, and at completion of the construction. Prior to final building inspection, the design engineer shall provide the City of Tigard (Inspection Supervisor) with written confirmation that the water quality facility is in compliance with the design and specifications. Staff Contact: Hap Watkins, Building Division. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed ; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 7 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: 1. All centerline-centerline intersection points; 2. All cul-de-sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 8 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THE PLANNING COMMISSION'S DECISION SECTION III. BACKGROUND INFORMATION Site History The site consists of three parcels, two of which (Tax Lots 600 and 700) are currently developed with single-family residences. The third parcel, Tax Lot 2100, was recently in forest deferral and logged in April 2004. The site is southeast facing with slopes that range from 10% to 34%. Two streams cross the site from northwest to southeast and remain vegetated. Vicinity Information: This proposed 64-lot development is located in the R-7 zone in Tigard's unincorporated urban services area directly south of the Arlington Heights II subdivision, east of the Summit Ridge subdivision, and west of the Mountain View Estates subdivision. The subject property has access from SW Summerview Drive from the northwest and SW Beef Bend Road from the southeast. King City is located across SW Beef Bend Road to the south. Summary of Planned Development Issues: The request is for approval of a 64-lot Subdivision and Planned Development on 16.82 acres in two phases. The lots, between 5,032 and 8,069 square feet in size, are proposed to be developed with detached single-family homes. Phase I consists of 53 lots on approximately 14.13 acres and Phase II consists of 11 lots on approximately 2.69 acres. Sensitive Lands Review is required because the proposed site contains slopes greater than 25% and two drainageways. The applicant is also seeking an adjustment to exceed the grade standard for the extension of SW Summerview Drive from 15% to approximately 20%. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 9 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • In reviewing this application, the Commission must decide whether the proposal offers sufficient natural resource protection and design excellence to warrant the proposed private streets serving more than 6 lots. In addition, the following issues should be addressed: • whether to require a revised arborist report sufficient to address the Bull Mountain Community Plan standard for tree retention on each lot in Phase II (Lots 600 and 700) and a revised Phase II proposal that meets the 50% retention standard. • whether a maximum height of 1-1/2 stories or 25 feet, whichever is less, should be imposed on proposed lots 41 and 48, or be satisfied that the criteria for dwellings on flag lots will be met to allow dwellings to be 2 1/2 stories or 35 feet, whichever is less. • whether to encourage acquisition of the northern open space Tracts A and B for open space and recreation purposes for a possible trail alignment connecting SW Beef Bend Road and Bull Mountain Road. SECTION V. DECISION MAKING PROCEDURES, PERMITS AND USE USE CLASSIFICATION: SECTION 18.130.020 Lists the Use Categories. The applicant is seeking approval of a 64-lot subdivision on 16.82 acres. The lots are to be developed with detached single-family homes. The existing single-family home on Tax Lot 600 will be removed and the dwelling on Tax Lot 700 is to be retained on one of the created lots (Lot 54). The site is located within the R-7, Medium Density Residential Urban Services District. Planned Developments are permitted in all zoning districts. Household living in a detached single family housing type is a permitted use in this zone. The applicant has applied for conceptual and detailed planned development approval in conjunction with the subdivision. SUMMARY OF LAND USE PERMITS: CHAPTER 18.310 Defines the decision-making type to which the land-use application is assigned. This is a Planned Development/Subdivision, which is defined as a Type III-PC Application. Adjustments are typically Type II Administrative decisions; however, when applications are heard concurrently, the highest decision making body will make the decision on all matters. DECISION MAKING PROCEDURES: CHAPTER 18.390 Describes the decision-making procedures. Type III procedures apply to quasi-judicial permits and actions that contain predominantly discretionary approval criteria. Type III-PC actions are decided by the Planning Commission with appeals to the City Council. SECTION V. NEIGHBORHOOD COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff has not received any written comments from any neighbors about this application. Neighbors may offer oral comments at the Planning Commission Hearing. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 10 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS The applicable review criteria are addressed in this report in the following order: 18.350 Planned Developments) 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) 18.730 Exceptions to Development Standards) 18.745* Landscaping and Screening) 18.765* Off-street Parking and Loading Requirements) 18.775 Sensitive Lands Review) 18.780* Signs) 18.790 Tree Removal) 18.795* Vision Clearance) 18.810 Street and Utility Improvements) 18.390 Decision Making Procedures, Impact Study) =ull Mountain Community Plan *According to Section 18.350.100 of the Planned Development Chapter, these chapters are utilized as guidelines, and strict compliance is not necessary where a development provides alternative designs and methods that promote the purpose of the PD Chapter. The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters. These chapters are, therefore, found to be inapplicable as approval standards: 18.710 (Accessory Residential Units) 18.720 (Design Compatibility Standards) 18.740 (Historic Overlay) 18.742 (Home Occupations) 18.750 (Manufactured/Mobil Home Regulations) 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming Situations) 18.785 (Temporary Uses) 18.798 (Wireless Communication Facilities) 18.350 — (PLANNED DEVELOPMENTS) The applicant has requested a Planned Development (PD) overlay zone change for the subject property. The PD overlay requires developers to follow the Planned Development process for any proposal on affected sites. The Planned Development chapter provides for flexibility in development design and allows deviation from certain standards of the base zone. The following addresses compliance with the process and applicable base zone standards. The Planned Development Process: Section 18.350.020 states that there are three elements to the planned development approval process, as follows: • The approval of the planned development overlay zone; • The approval of the planned development concept plan; and • The approval of the detailed development plan. ' This application is for all three elements of the planned development process, overlay zone, concept plan, and detailed plan. Applicability Of The Base Zone Development Standards: Section 18.350.070 requires compliance to specific development standards: The provisions of the base zone are applicable as follows: ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 11 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • Lot dimensional standards: The minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.715; In the R-7 zoning district the minimum lot size is 5,000 square feet, with an average lot width of 50 feet. The zone has no minimum lot depth. The lots are proposed to be developed with detached single- family homes, with lot sizes between 5,032 and 8,069 square feet. The proposed lots range in width from 35 feet to 83 feet. The proposed number of lots (64) meets the lot minimum (61) and maximum (75) density requirements, which are addressed later in this report. Site coverage: The site coverage provisions of the base zone shall apply; The maximum lot coverage standard in the R-7 zone is 80% with a corresponding 20% minimum landscaping requirement. The applicant has not shown building envelopes on the site plan from which to calculate potential coverages. Instead, the applicant states that "the development standards will be met with construction of the homes." Therefore, a condition will be imposed requiring the site coverage standards be met prior to issuing building permits. Building height: The building height provisions shall not apply; and The base development standard height limit in this zone is 35 feet. The applicant has not proposed any buildings in association with the proposed subdivision. Therefore, the standard height limit of 35 feet would apply and be implemented during building permit review. Structure setback provisions: Front yard and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.360; The applicant has not provided a detailed site plan that illustrates building envelopes within the development. Therefore, a condition shall require the front or rear yard setbacks for structures on the perimeter of the project to be the same as required in the base zone. The side yard setback provisions shall not apply except that all detached structures shall meet the Uniform Building Code (UBC) requirements for fire walls; The applicant has not provided a detailed site plan that illustrates building envelopes within the development. The applicant's narrative states "the development standards will be met with construction of the homes." Therefore, prior to building permit issuance a condition shall require the applicant to demonstrate that any proposed dwellings have side yard setbacks that meet the UBC requirements for fire walls. Front yard and rear yard setback requirements in the base zone setback shall not apply to structures on the interior of the project except that: (1) A minimum front yard setback of 20 feet is required for any garage structure which opens facing a street; (2) A minimum front yard setback of eight feet is required for any garage opening for an attached single-family dwelling facing a private street as long as the required off-street parking spaces are provided The applicant has not provided a detailed site plan that illustrates building envelopes within the development. No attached single-family dwellings are proposed. The applicant's narrative states "the development standards will be met with construction of the homes." Therefore, prior to building permit issuance a condition shall require the applicant to demonstrate that any proposed dwellings have a minimum front yard setback of 20 feet for any garage structure which opens facing a street. Other provisions of the base zone: All other provisions of the base zone shall apply except as modified by this chapter. The information provided by the applicant is insufficient to determine consistency with all of the provisions of the base zone. The applicant shall meet the provisions of the base zone except as modified by this chapter. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 12 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • FINDING: The base zone standards related to the previously discussed criteria have not been met, but can be met with the following conditions. CONDITIONS: • Prior to issuance of building permits the applicant shall demonstrate that the site coverage standards be met. • Prior to issuance of building permits the applicant shall demonstrate the front or rear yard setbacks for structures on the perimeter of the project be the same as required in the base zone. • Prior to issuance of building permits the applicant shall demonstrate that any proposed dwellings have side yard setbacks that meet the UBC requirements for fire walls. • Prior to issuance of building permits the applicant shall demonstrate that any proposed dwellings have a minimum front yard setback of 20 feet for any garage structure which opens facing a street. PD Conceptual Plan Requirements: 18.350.090 The applicant shall submit the following: A statement of planning objectives to be achieved by the planned development through the particular approach proposed by the applicant. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant. The applicant has submitted a statement of planning objectives and a description of the character of the proposed development and a rationale behind the assumptions and choices made. According to the applicant's narrative, the subject parcel contains topographic features that require special design consideration. The site includes two drainage ways with mature trees, wetlands, and steep slopes. The planning objective is to develop the land efficiently minimizing grading while creating lots that can be accessed from above or the side, which reduces development costs and increases the potential for views. To accomplish this, the applicant would utilize existing grades and narrower private streets to reduce grading and to preserve the two riparian corridors. An alternative site plan "A" (Sheet 3a of 14) shows the layout of the development using all public streets. A development schedule indicating the approximate dates when construction of the planned development and its various phases are expected to be initiated and completed. According to the applicant's narrative, the applicant is requesting approval of the planned development in two phases, but may construct the two phases concurrently. Construction is expected to commence in the fall of 2005 and be completed during the building season of 2006. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the planned development. The applicant intends to sell all of the lots in the project. A narrative statement presenting information, a detailed description of which is available from the Director. The applicant submitted a narrative statement for the proposal consistent with the information requirements necessary to find the application complete, including an impact statement, traffic study, special studies, and special requirements required by regulatory state and federal agencies. Additional information. In addition to the general information described in Subsection A above, the conceptual development plan, data, and narrative shall include the following information, the detailed content of which can be obtained from the Director: Existing site conditions, A site concept, A grading concept, A landscape concept, A sign concept and A copy of all existing or proposed restrictions or covenants. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 13 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • . The applicant has submitted an existing conditions plan, preliminary site plan, a preliminary grading plan, a tree preservation and mitigation plan, a landscape plan, and a copy of proposed CC&R's. No signs.are proposed at this time. FINDING: The planned development conceptual plan criteria have been met. PD Approval Criteria: 18.350.100 Specific planned development approval criteria. The Commission shall make findings that the following criteria are satisfied when approving or approving with conditions, the concept plan. The Commission shall make findings that the criteria are not satisfied when denying an application. All the provisions of the land division provisions, Chapters 18.410, 18.420 and 18.430, shall be met; The applicant has applied to subdivide the property concurrently with the planned development approval; therefore, all subdivision criteria must be satisfied. Compliance with the subdivision approval criteria is discussed in greater detail in Chapter 18.430. The application has met or can be conditioned such that the subdivision provisions are satisfied. Therefore, this criterion is satisfied. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the Commission, that promote the purpose of this section. In each case, the applicant must provide findings to justihi the modification of the standards in the chapters listed in Subsection 3 below. The developer may choose to provide or the Commission may require additional open space dedication and/or provision of additional amenities, landscaping or tree planting. Chapter 18.715, Density Computation and Limitations. Unless authorized below, density shall be governed by the density established in the underlying zoning district. The Commission may further authorize a density bonus not to exceed 10-% as an incentive to increase or enhance open space, architectural character and/or site variation incorporated into the development. These factors must make a substantial contribution to objectives of the planned development. The degree of distinctiveness and the desirability of variation achieved shall govern the amount of density increase which the Commission may approve according to the following: • A maximum of 3% is allowed for the provision of undeveloped common space; • A maximum of 3% is allowed for landscaping; streetscape development; developed open spaces, plazas and pedestrian pathways and related amenities; recreation area development; and/or retention of existing vegetation; • A maximum of 3% is allowed for creation of visual focal points; use of existing physical amenities such as topography, view, and sun/wind orientation; • A maximum of 3% quality of architectural quality and style; harmonious use of materials; innovative building orientation or building grouping; and/or varied use of housing types. The proposed density meets the density established for the underlying zoning district as addressed in the Density chapter(Chapter 18.715) later in this report. Chapter 18.730, Exceptions to Development Standards; May not meet the setback standards for flag lots on perimeter of the subdivision Chapter 18.795, Visual Clearance Areas; Meets standards for streets. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 14 OF 47 PLANNING COMMISSION HEARING 9/12/2005 i • - Chapter 18.745, Landscaping and Screening; A revised preliminary landscape plan shall be submitted for review and approval by the City Forester addressing species diversity of proposed street trees. Chapter 18.765, Off-street Parking and Loading Requirements; Meets standards Chapter 18.705, Access, Egress and Circulation; and Does not meet street spacing standards without mitigation Chapter 18.780, Signs. No signs are proposed at this time. Complete findings for each of the above guideline chapters can be found below under their respective chapter headings. In addition, the following criteria shall be met: Relationship to the natural and physical environment: The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible; The subject site contains two streams, a jurisdictional wetland, and slopes ranging from 10% to 34%. According to the applicant's narrative, the proposed public and private streets have been sited to preserve the existing topography and natural drainage to the greatest degree possible. The applicant has submitted a Preliminary Plat/Site Plan `A' (Sheet 3a of 14) that shows an alternative design with greater impact to the southern drainage, which requires increased grading. Staff agrees that the proposed skinny public streets and private streets would satisfy this standard. The applicant does not propose any buildings with the proposed subdivision. In addition, the applicant's Preliminary Site Plan does not show building envelopes. Therefore, it is unclear whether the buildings will be designed and located to preserve the site's remaining trees. However, the tree preservation plan (Sheet 13 of 14) shows which trees will be saved. In general, the applicant has sited the proposed streets to preserve the natural features of the site, consistent with this standard. Structures located on the site shall not be in areas subject to ground slumping and sliding; According to the Geo-Tech report (July 12, 2004, GeoPacific Engineers, Inc.) submitted by the applicant, the proposed development is feasible provided that the recommendations of the report are incorporated into the design and construction phases of the project. The proposed residential structures may be supported on shallow foundations bearing on competent undisturbed native soils and/or engineered fill as recommended in the report. Therefore, based on this conclusion, this standard is met. There shall be adequate distance between on-site buildings and other on-site and off-site buildings on adjoining properties to provide for adequate light and air circulation and for fire protection; The proposed subdivision in the R-7 zone is subject to the setback provision of the zone. As allowed by the applicable setback standards, adequate distance between on-site and off-site buildings for light and air circulation and for fire protection will be ensured. The structures shall be oriented with consideration for the sun and wind directions, where possible; and ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 15 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • The site is located on the southeastern face of Bull Mountain. Although no structures are proposed for this subdivision, by the layout of the lots, it is likely that the structures will be oriented toward the southeast such that they receive morning and mid-day sun. Dwellings will be subject to winds generally from the south, east and west, which may be moderated by the trees located in the open space drainages that occur on site. Therefore, it is likely that the orientation of dwellings will be consistent with this standard. Trees preserved to the extent possible. Replacement of trees is subject to the requirements of Chapter 18.790, Tree Removal. The applicant has submitted a Tree Plan for Arlington Heights Ill prepared by Mt", Mazany, a certified arborist. The report (dated April 18, 2005 and supplemented on June 20 , July 5 and July 14th) includes an inventory and identification of all trees on site (Phases I and II) over 6' in diameter. As indicated in the July 14th submittal, the applicant proposes to remove 211 of 490 trees, or 43%. The report notes that the total amount of mitigation required for trees greater than 12 inches DBH is 1,574 diameter inches. The report also includes tree protection measures. Therefore, according to the report, at least 50% of trees greater than 6 inches in diameter are being retained. However, as reviewed under the Bull Mountain Community Plan (BMCP) section at the end of this report, it is unclear whether the report and its addendums are accurate and whether a revised report is warranted to address the provision of the BMCP. Given that the proposed development is close to the minimum density, that streets have been designed to minimize grading and use of land, and that existing trees in the drainageways will be protected as open space and fenced according to CWS standards, staff concludes that trees will be preserved to the greatest extent possible, given the subject proposal. Tree replacement has not been addressed by the applicant. As reviewed in the Tree Removal section below, the applicant is conditioned to provide a mitigation and replacement plan. Buffering, screening and compatibility between adioininq uses: Buffering shall be provided between different types of land uses, e.g., between single-family and multi-family residential, and residential and commercial uses; The subject site is surrounded by single-family residential uses. Therefore, the proposed single-family use on the subject site does not require any buffering pursuant to this standard. In addition to the requirements of the buffer matrix (Table 18.745.1), the following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: • The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; • The size of the buffer needs in terms of width and height to achieve the purpose; • The direction(s) from which buffering is needed; • The required density of the buffering; and • Whether the viewer is stationary or mobile. Adjacent uses to the subject site include single-family detached dwelling units to the north, east, south, and west, which do not require buffering or screening. Therefore, this standard does not apply. On-site screening from view from adjoining roperties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: (a) What needs to be screened; (b) The direction from which it is needed; and (c) Whether the screening needs to be year- round. There are no specific service areas, storage areas, parking lots or mechanical devices proposed with this residential development. Therefore, this standard does not apply. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 16 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • Privacy and noise: Non-residential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; Private outdoor area -- multi-family use: Shared outdoor recreation areas -- multi-family use: These criteria relate to non-residential or multi-family structures and are not applicable to the proposed single-family development. Therefore, this standard does not apply. Access and circulation: The number of allowed access points for a development shall be as provided in Chapter 18.705; The proposed private and public streets are consistent with the City Engineer's standards for private streets serving more than six units and the public street standards as discussed below in the Access and Egress Chapter. Therefore, this standard is met. All circulation patterns within a development must be designed to accommodate emergency vehicles; and In an letter dated August 16, 2005, Tualatin Valley Fire and Rescue endorsed the proposal predicated on the proposal meeting the criterion in the letter and conditions of approval requiring that all private streets and tracts throughout the project be designated as fire lanes and that the grades of up to 20% will be acceptable when all the homes within this development are provided with automatic fire sprinkler systems in accordance with NFPA 13D. Therefore, this standard is met. Provisions shall be made for pedestrian and bicycle ways if such facilities are shown on an adopted plan. Beef Bend Road is designated a bicycle facility. The applicant's plans shall indicate striping for a bicycle lane if required by the WACO Facility Permit. Landscaping and open space: Residential Development: In addition to the requirements of subparagraphs (4) and (5) of section a of this subsection, a minimum of 20 percent of the site shall be-landscaped; According to the applicant's narrative, the proposed development will preserve 28.79% of the total site as shared open space in proposed Tracts A - E, J and K. In addition, each lot will be required to maintain a minimum of 20% of the lot in landscaping. Therefore, the applicant's proposal is consistent with this standard. Public transit: Provisions for public transit may be required where the site abuts a public transit route. The required facilities shall be based on: • The location of other transit facilities in the area; and • The size and type of the proposed development The required facilities shall be limited to such facilities as: • A waiting shelter; • A turn-out area for loading and unloading; and • Hard surface paths connecting the development to the waiting area This site does not abut a public transit route. The closest bus route and bus stop is on SW Bull Mountain Road and Highway 99W for bus route 95, approximately 1.5 miles from the site. Therefore, this standard does not apply. SSiignns: No specific signage is proposed with this application. Any future signage will require a permit in compliance with the sign code. Therefore, standards for signs do not apply at this time. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 17 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • Parking: All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter Chapter 18.765; Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. According to the applicant's narrative, two off-street parking spaces will be provided at each of the lots. Parking will also be provided on the northerly side of the private streets, Tracts F and G. Parking is provided for in the CC&R's for the Planned Development, consistent with this standard. Drainage: All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.775, and the criteria in the adopted 1981 master drainage plan; Storm drainage complies, or will be conditioned to comply with applicable City of Tigard and Clean Water Services (CWS) requirements. For a more detailed discussion of storm drainage, see the discussion of compliance with the requirement of Chapter 18.810 later in this report. Floodplain dedication: Where landfill and/or development is allowed within or adjacent to the 100-year floodplain, the City shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The subject site ranges in elevation between 246-feet and 440-feet. The nearest floodplain is at the Tualatin River, approximately 4,800 feet southeast of the site. Therefore, the subject site is not within nor adjacent to the 100-year floodplain. Shared Open Space: Requirements for shared open space: Where the open space is designated on the plan as common open space the following applies: • The open space area shall be shown on the final plan and recorded with the Director; and • The open space shall be conveyed in accordance with one of the following methods: By dedication to the City as publicly-owned and maintained as open space. Open space lproposed for dedication to the City must be acceptable to it with regard to the size, shape, ocation, improvement and budgetary and maintenance limitations; By leasing or conveying title (including beneficial ownership) to a corporation, home association or other legal entity, with the City retaining the development rights to the property. The terms of such lease or other instrument of conveyance must include provisions suitable to the City Attorney for guaranteeing the following: • The continued use of such land for the intended purposes; • Continuity of property maintenance; • When appropriate, the availability of funds required for such maintenance; • Adequate insurance protection; and • Recovery for loss sustained by casualty and condemnation or otherwise. By any method which achieves the objectives set forth in Subsection 2 above of this section. The applicant has identified shared open space in proposed Tracts A — E, J and K on the preliminary plat, and has stated that they will be conveyed to the roposed homeowner's association. The use and maintenance of these areas is generally addressed in the proposed CC&R's. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 18 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • The City's Parks Department has shown interest in acquiring the northern open space Tracts A and B for open space and recreation purposes for a possible trail alignment connecting SW Beef Bend Road and Bull Mountain Road. The City's interest was conveyed verbally to the applicant, who showed some interest in selling the property. However, no further discussions were held to pursue an acquisition. 18.370 — (VARIANCES AND ADJUSTMENTS): Adjustments to Street and Utility Improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by Section 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvement requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The applicant is seeking an adjustment to exceed the grade standard for the extension of SW Summerview Drive from 15% to approximately 20% for the majority of its length through the proposed Arlington Heights III subdivision. TDC 18.810.030.D Street location, width and grade is as follows: Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the City Engineer in accordance with Subsection M [N] below;and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the Commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. Grades and curves. 1. 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), and 2. Centerline radii of curves shall be as determined by the City Engineer. The proposed adjustment is warranted because the steepness of the site would otherwise require significantly more grading, which would adversely impact drainageways, steep slopes and existing trees (Sheet 3a of 14). In addition, the proposed alignment aptly addresses the existing and proposed streets to the north, east, and west, the light traffic associated with residential use, and the acceptance of the proposed grades by the TVF&R. Therefore, the director's designee recommends approval of the proposed adjustment because the potential adverse impacts exceed the public benefits of strict application of this standard. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 19 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 18.380 — (ZONE CHANGES): Standards for Making Quasi-Judicial Decisions: A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi judicial zoning map amendment shall be based on all of the following standards: Demonstration of compliance with all applicable comprehensive plan policies and map designations; The Development Code implements the goals and policies of the Comprehensive Plan and planned developments are permitted in all districts when they meet the code criteria of the Development Code. This criterion is satisfied. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and According to the analysis in this report, all applicable standards in the code are met or can be conditioned to be met. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. There is no change in circumstances or inconsistencies to the Comprehensive Plan or Zoning Map that warrants a zone change from the underlying zone. The underlying zoning remains in effect for allowable uses, density, and other general requirements. Specific deviations are requested and authorized within the planned development overlay, as set forth in this staff report. A zone change application is necessary to place the PD overlay designation on the property. This criterion, as related to a mistake, inconsistency, or change is inapplicable. FINDING: The proposal satisfies the criteria for a zone change to place the Planned Development Overlay zoning onto the property. 18.430 — (SUBDIVISIONS): Approval criteria: The Approval Authority may approve, approve with conditions or deny a preliminary plat based on the following approval criteria: The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations; It is feasible that with appropriate conditions, the proposed plat can be made to comply with the zoning ordinance and other applicable ordinances and regulations. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92; The applicant has provided documentation of a plat name reservation with Washington County. Therefore, this standard is met. 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 proposed private and public streets are responsive to the topographical and sensitive natural area constraints of the site and conform to the plats of subdivisions and maps of major partitions already approved for adjoining property, consistent with this standard. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements. Therefore, this standard ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 20 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • has been met. FINDING: The proposal satisfies the criteria for subdivisions. 18.510 — (RESIDENTIAL ZONING DISTRICTS) The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. Planned Developments are permitted in all districts provided the application satisfies all applicable criteria. Development Standards: Section 18.510.050.B States that Development standards in residential zoning districts are contained in Table 18.510.2 below: The subject site and the surrounding properties are all designated R-7, Medium-Density Residential. The R-7 zoning district has the following dimensional requirements: STANDARD R-7 Minimum Lot Size Detached unit 5,000 sq.ft. Duplexes 10,000 sq.ft. Average Minimum Lot Width Detached unit lots 50 ft. Duplex lots 50 ft. Maximum Lot Coverage 80% Minimum Setbacks Front yard 15 ft. Side facing street on corner&through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between property line and front of garage 20 ft. Maximum Height 35 ft. Minimum Landscape Requirement 20% [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. FINDING: Since the proposed development is a Planned Development, these standards can be altered to fit a specific design (see Applicability Of The Base Zone Development Standards: Section 18.350.070, above). The applicant has submitted a Site Plan that does not specify building envelopes or associated setbacks for the proposed lots. The applicant has stated that dwellings will meet the standard during the building permit review process. Therefore, as conditioned earlier in this report, the applicant shall demonstrate compliance with these standards prior to issuance of building permits. 18.705 — (ACCESS AND EGRESS): *PD Guideline Chapter 18.705.030 (C) Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title Joint access is not proposed. Individual access to each parcel will be utilized. Therefore, this criterion does not apply. Public street access. All vehicular access and egress as required in Sections 18705.030H and 18.705.030.1 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. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 21 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • All lots within the development have direct access to a private or public street, consistent with this standard. Required walkway location. Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, and common open space and recreation facilities; Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. The proposal includes a sidewalk along the fronting public streets and along the interior private streets. However, the proposal is for single-family detached units. Therefore, this standard does not apply. Inadequate or hazardous access. Applications for building permits shall be referred to the Commission for review when, in The opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. In a letter dated August 16, 2005, Tualatin Valley Fire and Rescue stated that the private streets and tracts throughout the project shall be designated as fire lanes and that grades of up to 20% will be acceptable when all the homes within this development are provided with automatic fire sprinkler systems in accordance with NFPA 13D. Therefore, the applicant shall be required to satisfy these requirements for hazardous access, consistent with this standard. Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged. Direct access to collector or arterial streets shall be considered only if there is no practical alternative way to access the site. If direct access is permitted by the City, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. • Access for each of the proposed lots will be from the proposed public and private local streets. No direct access from single-family dwellings is proposed from Bull Mountain Road. Therefore, this standard is met. Access Management. 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. Beef Bend Road is a Washington County (WACO) facility and is designated as an Arterial. WACO has provided comments and conditions of approval for this project. The applicant's engineer shall provide preliminary sight distance certification for each access point to Beef Bend Road. The engineer shall provide a detailed list of improvements necessary to produce adequate intersection sight distance. The preliminary sight distance certification must be approved by WACO (issuance of the WACO Facility Permit) prior to issuance of the City of Tigard's Public Facilities Improvement (PFI) permit. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 22 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant's engineer has submitted preliminary sight distance certification for all intersections within the development based on local street posted speeds of 25 mph. Private Streets A, B, and D have more than 250 feet of sight distance in each direction. Private Street E has more than 250 feet of sight distance from the south, but only 227 feet from the north. Private Street F only has 209 feet of sight distance from the south and 234 feet from the north direction. Private Street H has more than 250 feet of sight distance from the westerly direction and over 200 feet of sight distance from the easterly direction to the intersection of Solstice Drive and Summerview Drive. No sight distance information was provided for the intersection of Solstice and Summerview Drives. The applicant's engineer shall provide preliminary sight distance certification for the intersection of Solstice Drive/Summerview Drive with their PFI application. The applicant has proposed that STOP signs be installed at all intersections within the development. The engineer shall provide additional narrative with their PFI submittal on the safety of the intersections that do not meet the minimum sight distance required. • 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. Beef Bend Road is classified as an Arterial. Therefore, the driveways for Lots 62, 63 & 64 must be placed as far to the north as possible in order to meet this criterion. The PFI submittal plans shall show these driveways. An existing driveway that serves two existing homes west of this development intersects with Beef Bend Road approximately 55 feet west of the proposed intersection of Summerview Drive and Beef Bend Road. The applicant has proposed to eliminate this access onto Beef Bend Road by realigning the driveway onto Summerview Drive. The plans show the driveway approximately 100 feet north of the Beef Bend Road ROW. This does not meet the standard and there is not an adjustment to this criterion. Instead, the spacing standard requires that driveways be placed as far as possible from the intersection. Therefore, the applicant's plans shall be revised to show the driveway located as far north as possible. It appears that the driveway can be moved another 35 feet north without impacting Tract `D'. 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. WACO has required that the applicant's engineer obtain approval for a modification to the access spacing standards of W.C.U.R.I.D.S. from the WACO Engineering Division of the proposed access point on SW Beef Bend Road. The Modification request must be prepared and stamped by a registered traffic engineer. This approval must be obtained from WACO (issuance of the WACO Facility Permit) prior to issuance of the City of Tigard's PFI permit. The applicant's plat shall include a provision of a non-access reservation along Beef Bend Road frontage, except at the access point approved in conjunction with the WACO land use application. The applicant's plans indicate private streets D and E are located closer than 125 feet from the proposed intersection of Solstice Drive with Summerview Drive. This does not meet the standard and the applicant has asked for approval of the proposed spacing of approximately 80 feet. The justification for such an approval is based on the following: 1) the difficult topography and existing conditions; 2) the limited number of trips that the private streets will generate; 3) preliminary sight distance has been certified by the engineer to be approximately 250 feet in each direction; and 4) the applicant is proposing to install stop signs at all intersections within the development. Staff concurs with the applicant's justification for the reduced spacing between the streets discussed. The applicant's engineer shall provide final sight distance certification upon completion of street ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 23 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • construction for all intersections within the development prior to final plat approval. The applicant's plans for the PFI submittal shall be revised to show stop signs on all private streets intersecting with Summerview Drive. Minimum access requirements for residential use. Vehicular access and egress for single- family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided-in Table 18.705.1 and Table 18.705.2; The proposed private streets (A through H), serving 3 to 10 lots, are designed within a 24-foot wide tract, including a 22-foot wide paved section and a 6-foot extension for parallel parking in specific locations, maintaining a 20-foot wide travel way for emergency vehicle access, consistent with the City Engineer's standards for private streets serving more than six units. Therefore, this standard is met. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code; This will be ensured during the construction document review period. The individual homeowners through the homeowner's association and its CC&R's will maintain the access drives once the property is developed and sold. The Tualatin Valley Fire and Rescue District provided comments for this proposal and has required the homes to have automatic fire sprinkling systems. Therefore, this criterion is met. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: • A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; • A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet;. • The maximum cross slope of a required turnaround is 5%. No proposed access drive is over 150 feet in length. Therefore, this criterion does not apply. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. No driveway is proposed in excess of 200 feet in length. Therefore, this criterion does not apply. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. No driveways are proposed to intersect Beef Bend Road, an arterial. Therefore, this standard does not apply. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions; or provide inadequate access for emergency vehicles; or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. The applicant's traffic study by CTS Engineers, dated February 4, 2005, concludes that the proposed Arlington III development will result in an acceptable Level of Service (LOS) during critical AM and PM peak hours on build out and does not identify any hazardous or congested conditions, consistent with this criterion FINDING: SW Summerview Drive exceeds the street grade standard. Tualatin Valley Fire and Rescue stated that the private streets and tracts throughout the project shall be ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 24 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • designated as fire lanes and that grades of up to 20% will be acceptable when all the homes within this development are provided with automatic fire sprinkler systems in accordance with NFPA 13D. Therefore, the standards of the Access and Egress section have not been met. However, with the following conditions of approval, the standards may be met. CONDITIONS: • Prior to final plat recording, the applicant shall revise the preliminary plat designating all streets in the proposed development as fire lanes • Prior to issuance of building permits, the applicant shall ensure each dwelling is provided with automatic fire sprinkler systems in accordance with NFPA 13D. 18.715 (DENSITY COMPUTATIONS): Density Calculation: 18.715.020 Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: • All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. • All land dedicated to the public for park purposes; • All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: Single-family development: allocate 20% of gross acreage; Multi-family development: allocate 15% of gross acreage. • All land proposed for private streets; and • A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. 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. 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 above by 80% (0.8). The net development area is determined by subtracting from the gross area, the land needed for public and private streets as well as areas for sensitive lands. The minimum lot size of 5,000 square feet is used to calculate density: Phases I & II GROSS LOT AREA 732,679 square feet (16.82 acres) SW Beef Bend Road dedication 3,521 square feet Public Rights-of-Way 89,619 square feet Private Street dedication 48,323square feet Slopes exceeding 25% 32,907 square feet Drainaqeways and Wetlands 177,010 square feet NET DEVELOPABLE AREA: 381,250 square feet (8.75 acres) NUMBER OF LOTS: 381,250 sf/ 5,000 sf/lot = 76.25 lots Maximum density 76 lots Minimum density (.80) 61 lots FINDING: In the R-7 zone, as shown above, the maximum number of residential lots is 76. The minimum, at 80%, is 61 lots. The applicant has proposed a 64-lot subdivision, consistent with this standard. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 25 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 18.725— (ENVIRONMENTAL PERFORMANCE 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 de ectable 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. This is a detached single-family project, which is permitted within planned developments in the R-4.5 zone. There is nothing to indicate that these standards will not be met. However, ongoing maintenance to meet these standards shall be maintained and any violation of these standards will be addressed by the City of Tigard's' Code Enforcement Officer. FINDING: The Environmental Performance standards are met. 18.730— (EXCEPTIONS TO DEVELOPMENT STANDARDS): *PD Guideline Chapter Section 18.730.020.0 states the limitations for building'heights and flag lots. -Limitations on the placement of residential structures on flag lots apply when any of the following exist: • A flag lot was created prior to April 15, 1985; • A flag lot is created after April 15, 1985 by an approved partition; or • A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially-zoned land. The applicant's narrative did not address the standards in this chapter. The applicant's proposed lots 41 and 48 are flag lots, located at the periphery of the subdivision adjoining other residentially zoned land. Therefore, the following limitations on the placement of dwellings apply to those lots. The maximum height for an attached or detached single-family, duplex, or multiple-family residential structure on a flag lot or a lot having sole access from an accessway, private drive or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet, whichever is less, provided: • The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; • A 10-foot side yard will be preserved; ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 26 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. No dwelling is proposed in this subdivision application and the applicant has not shown the proposed building envelopes on the site plan. Therefore, it is not possible to evaluate whether any proposed dwellings will meet the required setbacks pursuant to these standards for flag lots. Summit Ridge lots 46, 47, and 48 abut proposed lot 41, but are as yet vacant. With standard 15-foot rear yard setbacks, it is likely that the dwellings would be located within 50 feet of each other, but it is also likely that, on the downhill side, any new dwellings would be 2 stories and exceeding 25 feet in height. An existing dwelling is located off-site approximately 70 feet south of proposed lot 48. Pursuant to the standards of the Planned Development Chapter, this Chapter is a uideline chapter. Therefore, the Commission must consider whether a maximum height of 1-1/2 stories or 25 feet, whichever is less, should be imposed on proposed lots 41 and 48, or be satisfied that the above criteria will be met to allow dwellings to be 2 1/2 stories or 35 feet, whichever is less. 18.745— (LANDSCAPING AND SCREENING): *PD Guideline Chapter Establishes standards for landscaping, buffering and screening to enhance the aesthetic environmental quality of the City. The R-7 zoning district requires a 20% minimum area to be landscaped. According to the applicant's narrative, the proposed development will preserve 28.79% of the total site as shared open space in proposed Tracts A— E, J and K. In addition, each lot will be required to maintain a minimum of 20% of the lot in landscaping. Section 18.745.040. states that all development projects fronting on a public street, private street, or a private driveway more than 100 feet in length after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. The applicant has provided a street tree plan for the development to include the planting of street trees on the proposed private and public streets (Sheet 14 of 14). The plan specifies styraxlaponicus for all proposed 185 street trees. The City Forester is concerned that too many of one species would not be resilient in the face of insect infestation or disease. A revised preliminary landscape plan shall be submitted for review and approval by the City Forester addressing species diversity of proposed street trees. Buffering and Screening - Section 18.745.050 Buffering and screening is required to reduce the impacts on adjacent uses which are of a different type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). Adjacent uses to the subject site include single-family detached dwelling units to the north, east, west, and south, which do not require buffering or screening. Therefore, this standard is met. FINDING: The required street tree standards have not been met, but may be met with the following condition of approval. CONDITION: The applicant shall submit a revised preliminary landscape plan for review and approval by the City Forester addressing species diversity of proposed street trees. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 27 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 18.765— (OFF-STREET PARKING AND LOADING REQUIREMENTS): *PD Guideline Chapter This Chapter is applicable for development projects when there is new construction, expansion of existing use, or change of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. The proposed project will create 64 lots for single-family detached dwellings. Table 18.765.2 requires that each single-family unit have one off-street parking space. The proposal anticipates development of housing which would include garages and garage aprons within the 20-foot setback for off-street parking, consistent with this standard. 18.775— (SENSITIVE LANDS): Purpose Maintain integrity of rivers, streams, and creeks. Sensitive land regulations contained in this chapter are intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion, promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and preserving scenic quality and recreation potential. The regulations also implement the comprehensive plan and floodplain management program, Clean Water Service (CWS) Design and Construction Standards, the Metro Urban Growth Management Functional Plan, Statewide Planning Goal 5 (Natural Resources), and protect public health, safety, and welfare. Sensitive lands are lands potentially unsuitable for development because of their location Within the 100-year floodplain or 1996 flood inundation line, whichever is greater; natural drainageways; wetland areas which are regulated by the other agencies including the U.S. Army Corps of Engineers and the Division of State Lands, or are designated as significant wetland on the City of Tigard Wetland and Stream Corridors Map; and steep slopes of 25% or greater and unstable ground. The subject site is not located within the 100-year floodplain and does not include any wetlands identified on the City of Tigard's Wetland and Stream Corridors Map (however, .12-acres of jurisdictional wetlands are present on Phase II, Tax Lots 600 and 700). Two unnamed streams cross the site. These natural drainage ways are subject to the provision of this chapter. In addition, steep slopes greater than 25% are present on the subject site. Jurisdictional wetlands. Landform alterations or developments which are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S. Army Corps of Engineers, Division of State Lands, CWS, and/or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map", do not require a sensitive lands permit. The City shall require that all necessary permits from other agencies are obtained. All other applicable City requirements must be satisfied, including sensitive land permits for areas within the 100-year floodplain, slopes of 25% or greater or unstable ground, drainageways, and wetlands which are not under state or federal jurisdiction. Jurisdictional wetlands are located on Tax Lots 600 and 700 in Phase II of the project. The wetlands are not identified on the City of Tigard's "Wetland and Stream Corridors Map". The applicant has submitted a CORPS/DSL permit to the relevant state and federal agencies. The Oregon State Division of State Lands Wetlands Program issued a notice that the applicant's wetland delineations (WD03- 0513 and WD04-0615) were concurred on 6/3/05 and state removal fill permit #35035 was authorized on 8/10/05. Therefore, this standard has been met. Sensitive lands permits issued by the Director. The Director shall have the authority to issue a sensitive lands permit on slopes that are 25% or greater and within a drainageway by means of a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section 18.775.070 when the proposal , involves ground disturbance(s) or land form alterations involving-more than 50 cubic yards of material and residential structures intended for human habitation. With Steep Slopes The appropriate approval authority shall approve, approve with conditions or deny an ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 28 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • 0 application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; According to the applicant's Existing Slope Analysis (Sheet 5 of 14), steep slopes greater than 25% are present on the subject site in proximity to the two drainageways that cross the site. Several segments of the proposed right-of-way for Summerview Drive are located within the slopes greater than 25%. 22 of 64 lots include existing slopes of 25% or reater. The grading on these lots is shown in the applicant's Grading and Erosion Control Plan Sheet 4 of 14). The land form alterations involving removal and fill for the proposed public and privy a streets are a consequence of the alignment created by the topography of the site and the need to connect to existing streets on adjoining properties, consistent with this standard. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; According to the Geo-Tech report submitted by the applicant, the subject site is suitable for residential development. The applicant has been conditioned later in this report to provide construction drawings ensuring compliance with CWS standards for erosion control, consistent with this standard. 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and Compliance with the City's design and construction standards for residential units on steep slopes will be determined at the time of building permit review for individual lots. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. The applicant has not provided findings for this standard or erosion control notes or details detailing methods for re-vegetation of disturbed areas. However, the applicant is required to provide this information as a condition of approval later in this report. As conditioned therefore, this standard has been met. Within Drainageways The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit within drainageways based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; The two unnamed drainageways that cross the development site are designated as open space in proposed Tracts A— E, J, and K as shown on the applicant's Preliminary Plat/Site Plan (Sheet 3 of 14). Approximately 17,000 square feet of these drainagways will be encroached on for crossings of SW Summerview Drive and SW Solstice Drive and portions of proposed lots 59, 60, 63 and 64. The proposed alterations have been approved in CWS Provider Letters (File Numbers 04-02688 and 05- 0672), consistent with this standard. 2. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The proposed alterations have been approved with conditions in CWS Provider Letters (File Numbers 04-02688 and 05-0672), addressing any adverse on-site and off-site effects, consistent with this standard. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 29 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 3. The water flow capacity of the drainageway is not decreased; The applicant's narrative did not address this standard. Box culverts under the road crossings have been proposed. However, no information was submitted to substantiate compliance with this standard. Therefore, the applicant shall demonstrate that the water flow capacity of the draingeways is not decreased by the proposed development, consistent with this standard. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening; The applicant has not provided erosion control notes or details detailing methods for re-vegetation of disturbed areas. However, the applicant is required to provide this information as a condition of approval later in this report. As conditioned therefore, this standard has been met. 5. The drainageway will be replaced by a public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master Drainage Plan; The drainageways will not be replaced by a public facility, but kept in their natural state in open space tracts. Therefore, this standard does not apply. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands, and CWS approvals shall be obtained; According to the applicant's narrative, these approvals have been applied for, consistent with this standard. 7. Where land form alterations and/or development are allowed within and adjacent to the 100- year floodplain, the City shall require the consideration of dedication of sufficient open land area within and adjacent to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The proposed development is not located within or adjacent to the 100-year floodplain, therefore, this standard does not apply. FINDING: The standards for wetlands and steep slopes have been met. The standards for drainageways have not been met, but may be met with the following conditions of approval. CONDITION: Prior to commencing site work, the applicant shall demonstrate that the water flow capacity of the draingeways is not decreased by the proposed development. 18.780— (SIGNS): *PD Guideline Chapter Chapter 18.780 regulates the placement, number and design criteria for signage. No signs are proposed in conjunction with this development. Any future signage will be subject to the sign permit requirements in Chapter 18.780. There has been a proliferation of sign violations from new subdivisions. In accordance with a new policy adopted by the Director's Designee, all new subdivisions must enter into a sign compliance agreement to facilitate a more expeditious court process for citations. FINDING: To expedite enforcement of sign violations, a sign compliance agreement will be required. CONDITION:Prior to the issuance of building permits, the developer shall sign a copy of the City's sign compliance agreement. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 30 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 18.790— (TREE REMOVAL): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. The applicant has submitted a Tree Plan for Arlington Heights III prepared by Robert Mazany, a certified arborist. The City Forester has reviewed the applicant's tree plan and finds that the plan contains all four of the required elements. The report includes an inventory and identification of all trees on site for Phases I and II over 6" in diameter. The proposal is to remove 87 of 166 trees 12 inches in diameter, retaining 79, or 48%. Therefore, pursuant to 18.790.030.B.2.b, two-thirds of the caliper inches need to be mitigated. The arborist report notes that the total caliper inches for trees greater than 12 inches is 1,574. Therefore, the applicant shall mitigate for 1,038 (66 x 1,574) caliper inches. The report also includes tree protection measures that, together with the City Foresters comments, will be included in the conditions of approval to ensure rotection of trees to be retained. In addition, the applicant shall submit a revised mitigation plan detailing any on-site planting and submit a $129,855.00 cash assurance for the value of the required mitigation ($125./caliper inch x 1,038 caliper inches). The City Foresters Comments include the following: TREE PROTECTION PLAN REQUIREMENTS The full text of these following requirements shall be placed on the tree protection plan: Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings conforming to the International Society of Arboriculture (ISA) guidelines for review and approval by the City Forester. All tree protection devices, along with their details and specifications, shall be shown on the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on property adjacent to the construction project that will have more than 15% of its root system disturbed by construction activities shall also be protected. Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with notations as to when tree protection devices will be either installed or removed throughout construction of the project. A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading, dumping, storage, burial of debris, or any other construction-related activities shall not be located inside of any tree protection zone or outside of the limits of disturbance where other trees are being protected. All tree protection devices shall be: • Visible. • Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. • Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. • Inspected and approved in the field by the project arborist and City Forester prior to clearing, grading, or the beginning of construction. • Remain in place and maintained until all construction is completed and a final inspection is conducted. To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines listed below: ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 31 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • • For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15" at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. • For groups of trees the tree protection zone must be outside of the drip line of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the drip line method, whichever is greater. • Calculate and follow the Optimal Tree Protection Zone calculation as shown in "Trees and Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda Matheny and James R. Clark. • The project arborist may propose an alternate method for the establishment of the TPZ, provided the effort is coordinated with the City Forester. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the project arborist and City Forester shall determine the method by which entry can occur, along with any additional tree protection measures. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long- term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City will stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, and determine if any part of the Tree Protection Plan has been violated If a violation has occurred, one or more of the following penalties will be pursued through the infraction process. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D) of the Tigard Development Code; and a Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. Prior to issuance of building permits, the Project Arborist shall submit a final certification indicating the elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable and viable in their modified growing environment. 18.790.050 Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 32 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection'and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75%. The applicant acknowledges that tree removal permits will be required for removal of 27 trees identified in the arborist report for the SW Solstice Drive stream crossing. A condition shall require the applicant to obtain tree removal permits prior to site work. FINDING: The report includes tree protection measures that, together with the City Foresters comments, will be included in the conditions of approval to ensure protection of trees to be retained. The applicant shall submit a revised mitigation plan detailing any on-site planting and submit a $129,855.00 cash assurance for the value of the required mitigation ($125./caliper inch x 1,038 caliper inches). The applicant proposes to remove 27 trees from sensitive lands, which will require permits. CONDITIONS: • Prior to commencing site work, the applicant shall include the arborists tree protection measures and the City Forester's comments on construction drawings to ensure protection of trees to be retained. • Prior to commencing site work, the applicant shall submit a revised mitigation plan detailing any on-site planting and submit a $129,855.00 cash assurance for the value of the required mitigation ($125./caliper inch x 1,038 caliper inches). • Prior to commencing site work, the applicant shall obtain tree removal permits for trees removed on sensitive lands. 18.795— (VISUAL CLEARANCE AREAS): *PD Guideline Chapter Clear vision area shall be maintained on the corners of all property adjacent to intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height, measured from the top of the curb, or where no curb exists, from the street center grade, except the trees exceeding this height may be located in this area, provided all branches below eight feet are removed. For arterial streets the visual clearance shall not be less than 35 feet on each side of the intersection. The applicant's site plan shows visual clearance only at the intersection of the proposed private and public streets (Sheet 3b of 14). Intersections of driveways and these streets within the development are not show because the driveways have not yet been proposed for this subdivision. The proposed visual clearance areas are consistent with this standard. Visual clearance for driveways intersecting all streets shall be shown on construction drawings for approval during building permitting. STREET AND UTILITY IMPROVEMENTS STANDARDS: CHAPTER 18.810 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. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 33 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 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 Neighborhood Route to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Beef Bend Road, which is classified as an Arterial on the WACO Transportation Plan and the City of Tigard Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 45 feet from centerline and the adequate corner radius at the intersection of the proposed street with Beef Bend Road. SW Beef Bend Road is currently improved. In order to mitigate the impact from this development, the applicant should complete the improvements as outlined in the WACO Transportation Review. Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Local Street to have a 54 right-of-way width and 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. The applicant's plans show a reduced local street section for both Summerview and Solstice Drive. They have proposed a 50 foot ROW with a 28 foot paved section. This proposed section is allowed when the vehicle trips are less than 1000 per day. CTS Engineers submitted a Traffic Analysis for this development, dated February 4, 2005. The report states that the daily trips will be approximately 572, thereby meeting the "Skinny" street criterion. The applicant's plans have a detail of the cross- section shown that indicates the curb-to-curb width varying.from 24-28 feet, which is not allowed. This detail shall be revised to match the City's Figure 18.810.4.8. 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's plans have provided connections to the existing developments to the west and north and a connection to the future development to the east. This criterion is met. 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. Section 18.810.030.H.2 states that 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 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 ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 34 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • must show why the constraint precludes some reasonable street connection. The applicant's plans have shown the extension of two existing streets from the west and one street from the north, thereby providing connections between those developments and this development. 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 otherstreet (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. The existing topography on this project is very steep and the street grades are just under 20% for approximately 700 feet. This does not meet this standards and the applicant has requested an adjustment. 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. There are several private streets proposed with this development. The plans indicate that the paved sections are at least 20 feet wide and there will be a 5 foot sidewalk on one side. The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. The City's public improvement design standards require private streets to have a pavement section equal to a public local street. The applicant will need to provide this type of pavement section. 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. 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. The proposed street layout results in blocks approximately 2,000 lineal feet and less, unless otherwise precluded by drainageways, consistent with this standard. 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. The applicant has not addressed this standard and has not proposed any pedestrian/bicycle connections. However, because Tract B, a draingeway, precludes full street connection for private drives B — F, public easements or right-of-ways shall be provided consistent with this standard. The applicant shall submit a revised preliminary plat that shows easements between proposed Lots 6 and 7 and Lots 17 and 18 that will allow connection to any future path through Tract B and the pedestrian way accessible from SW Titleist Drive in the Mountain View Estates to the east. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 35 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. In the R-7 zoning district the minimum lot size is 5,000 square feet, with an average lot width of 50 feet. The zone has no minimum lot depth. The lot sizes are proposed between 5,032 and 8,069 square feet. Lots 35, 61 and 62 have average lot widths of 47 feet, 47 feet, and 48 feet, respectively, less than the standard width. Lot depths are less than 2.5 times the average lot widths for all proposed lots except Lot 62. Lot 62 (5,542 square feet) is less than 1.5 times the minimum lot size of 5,000 square feet. However, for planned developments, the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation. Therefore, the proposed lots are consistent. 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. All proposed lots, except Lots 20, 41, 47, and 48 have at least 25 feet of frontage on the proposed private and public streets. Lot 41 and 47 are provided a 15-foot access; Lots 20 and 48 are provided a 23-foot access. Therefore, this standard is not met. The applicant will be conditioned to revise their preliminary plat to show that all proposed lots have at least 25 feet of frontage. 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. The applicant's plan shows sidewalk on both sides of the proposed public streets and on one side of each of the private street, thereby meeting this criterion. 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 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. Clean Water Services (CWS) provides sanitary sewer in this area. The applicant must submit plans to CWS for review, approval and permit issuance. The CWS permit must be issued prior to the issuance of the City's PFI permit. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 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 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 upstream properties are fully developed and there should be no impacts on this development from upstream drainage areas. 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 ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 36 OF 47 PLANNING COMMISSION HEARING 9/12/2005 I • 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). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. CWS provides the storm sewer system in this area. The applicant must submit plans and calculations to CWS for review, approval and permit issuance. CWS may require detention. Bikeways and Pedestrian Pathways: Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way. Beef Bend Road is designated a bicycle facility. The applicant's plans shall indicate striping for a bicycle lane if required by the WACO Facility Permit. • 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 18.810.120.0 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. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study Findings: A Traffic Analysis by CIS Engineers, dated February 4, 2005, was submitted with this application. Study findings follow: • The Arlington Heights III Subdivision is expected to generate 593 net new vehicle trips during a typical weekday, including 47 AM peak hour trips and 63 PM peak hour trips. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 37 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • • The 5 new and existing off-site homes are expected to generate 48 vehicle trips during a typical weekday, including 4 AM peak hour trips and 5 PM peak hour trips. • Analyses of existing traffic conditions indicate the intersection of Beef Bend Road/122nd Avenue operates at LOS B or better during both AM and PM. peak hours. • In the future (2007) the intersections of Beef Bend Road/122nd Avenue and Beef Bend Road/Greenfield Road (127th Avenue) are expected to operate at LOS C or better during both AM and PM peak hours, regardless of the construction of Arlington Heights III subdivision. • No specific off-site roadway improvements are necessary to accommodate this development of mitigate its impact. Fire and Life Safety: Eric McMullen, Tualatin Valley Fire & Rescue, addressed the steep slopes in a memo dated 7/13/05. The original submittal for this development was prior to the January 2005 adoption of the new fire code ordinance. The new ordinance limits grades to less than 15%. Since this project was submitted prior to January 2005 TVF&R will accept grades between 15-20% when fire sprinklers are installed in all structures served by streets with these steep slopes. The applicant shall have TVF&R review and approve the proposed fire hydrant spacing prior to issuance of the PFI permit. Public Water System: The City of Tigard Water District provides service in this area. The applicant's plans show a public water main extended from the 24" line in Beef Bend Road through the public street system. The public system will connect to the existing public lines in the existing Summerview Drive and the two public streets in the Summit Ridge Subdivision to the west. The public water lines shown in the private streets are not allowed. The applicant shall revise their plans to show property line protection for any private lines within the private streets and all meters shall be banked at the public ROW. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by CWS prior to construction. 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 issuance control plan for City review and approval prior to ssuance 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. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering 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. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 38 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10% 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. An NPDES 1200-C permit will be required prior to construction. The applicant licant shall submit the 1200- C application to the City for review, after which the City will forward application to CWS for approval. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street that lists the addresses that are served by the given driveway or street. This will assist emergency services personnel to more easily find a particular home. 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). 18.390 — (DECISION MAKING PROCEDURES/IMPACT STUDY): SECTION 18.390.040.B.e requires that the applicant shall 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 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 has submitted an impact study addressing the required elements above. ROUGH PROPORTIONALITY ANALYSIS Any required street improvements to certain collector or higher volume streets and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system. Effective July 1' 2005, the TIF for a detached, single-family dwelling is $2,851. Upon completion of this development, the future builders of the residences will be required to pay TIF's totaling approximately $182,464 ($2,851 x 64) dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 39 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $570,200 ($182,464 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. The internal public and private streets within the subdivision are needed to allow the subdivision to develop. Because the need for the internal streets are created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets and is not considered as mitigation for the development impact. Mitigation Value Assessment: With regard to off site mitigation measures, the applicant is proposing to dedicate 15 feet of right-of- way along 300 feet of SW Beef Bend Road (4,500 s.f.) The dedicated right-of-way at $3.00/s.f. is valued at $13,500.; Beef Bend Road is improved along the Arlington Heights III frontage. Full Impact $34,212 - 0.32) $570,200 Less TIF Assessment (64 lots x $2,851) -$182,464 Less mitigated values for ROW Dedications and Improvements -$13,500 Estimate of Unmitigated Impacts $374,236 FINDING: The applicant's proposed off-site right of way dedications are required•to address the standards of Chapter 18.810 and to allow the subdivision to function properly. The value of this dedication is substantially less than the value of the full impact, thus it is proportional and justified. BULL MOUNTAIN COMMUNITY PLAN The subject parcel is within the City of Tigard's Urban Services Area. In 1997 the City of Tigard and Washington County entered into an agreement that Tigard would' review all applications for development within the Urban Services Area. Washington County adopted the City's Development Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that the City would review projects covered under the SW Bull Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). Pursuant to this Plan, the northern drainageway on the subject parcel is designated as Significant Water Area and Wetlands & Fish and Wildlife Habitat. The following sections address the relevant portions of the Community Plan. General Design Elements 1. In the design of new development, floodplains, drainage hazard areas, streams and their tributaries, riparian zones and wooded areas, steep slopes, scenic features, and powerline easements and right-of-way shall be: a. used to accent, define, or separate areas of differing residential densities and differing planned land uses; b. preserved and protected to enhance the economic, social, wildlife, open space, scenic, recreation qualities of the community; and interconnected where appropriate, nterconnected as part of a park and open space system. This design element shall not be construed or interpreted to require the non-voluntary of property for open space, scenic or recreation use. Such property will either be ) purchased by the public at a fair market value, or b) at the volition of the property owner, dedicated to the public for such use. The provision of open space may, be a condition of certain development actions; the initiation of such development requests is at the volition of the property owner and the acceptance of any condition regarding open space is at the discretion of the property owner. The proposed development designates the two drainageways that cross the property as open space tracts. The City has discussed with the applicant including the open space tracts as part of an interconnected park and open space system on Bull Mountain. Disposition of the tracts is at the owner's discretion, consistent with this standard. 2. Master Planning - Primary Use or Planned Development procedures and standards shall be required for development on land which includes a Significant Natural Resource as a means of protecting the resource while accommodating new development. An exception to this requirement shall be allowed if all of the Significant Natural Resource site is retained as open ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 40 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • space. Public dedication of this open space is not required, but is encouraged. A density transfer from the resource area to the buildable portion shall be allowed for any Significant Natural Resource Site as specified in the Community Development Code. The current proposal is a subdivision with planned development review. The northern drainage on the subject parcel is designated as significant water areas and Wetlands & Fish and Wildlife Habitat in the Bull Mountain Community Plan. The parcel was registered in forest deferral and was logged except for the draingeways, which were undisturbed and are proposed as open space tracts. A desity transfer has not been requested. The City has approached the applicant regarding dedication or sale of the open space tracts. The applicant has considered the option to sell but not agreements have been made at this time. Therefore, this standard is met. 3. Trees located within a Significant Natural Resource area shall not be removed without a development permit for tree removal having first been obtained, as provided for within the Community Development Code. A permit shall not, however, be required for tree removal from powerline rights-of-way, public parks and playgrounds. The applicant removed the majority of the trees on Tax Lot 2100 subject to forest deferral and consistent with the State Forest Practices Act. According to the applicant's narrative, twenty-seven trees remaining in the drainageways will need to be removed for street stream crossing of SW Solstice Drive. The applicant will need to obtain tree removal permits for removal of trees on sensitive lands pursuant to TDC 18.790.050, as conditioned above in the Tree Removal section of this report. Therefore, this standard is met. 4. Significant historical and cultural resources shall not be altered, defaced, demolished or relocated without first obtaining a development permit as provided for in the Historic and Cultural Management Overlay District contained in the Community Development Code. The subject parcels are not within the Cultural Management Overlay District. Therefore, this standard does not apply. 5. All new subdivisions, attached unit residential development, and commercial development shall provide for pedestrian pathways which allow public access through, or along, the development and connect with adjacent developments and/or shopping areas, schools, public transit, parks and recreation sites. The proposed subdivision provides for pedestrian access through the development on SW Summerview Drive and SW Solstice Drive. The applicant has been conditioned in the Street and Utilities section of this report to provide further pedestrian access by a public easement to connect with SW Ttileist Drive located in Mountain View Estates to the northeast, consistent with this standard. 6. Noise reduction measures shall be incorporated into all new residential developments located adjacent to Arterials, Collectors, and rock quarries. Noise reduction alternatives include vegetative buffers, berms, walls, set backs and structural design techniques, such as the orientation of windows away from the noise source and insulation. The proposed development is located adjacent to SW Beef Bend Road, an arterial. Proposed Lot 64 abuts this road. The applicant has not addressed this standard. Therefore, the applicant shall provide noise reduction measures for Lot 64, consistent with this standard. 7. Neighborhood commercial land shall be used to provide principally for the shopping and service needs of the residents of the Community Planning Area. Only those Commercial uses which do not depend on regional or sub-regional markets for their support will be allowed. Strip commercial development along trafficways will not be allowed. The subject parcel is on land designated as residential. Therefore, this standard does not apply. • 8. Where the impact of noise and lighting associated with commercial uses adjacent to residential areas does not meet the standards in the Community Development Code, the commercial development shall be subject to limited hours of operations. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 41 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • As above, this standard does not apply. 9. Consistent with the county growth management policies, new development within the Planning Area, with the exception of construction of a detached residence on a lot of record, shall be required to connect to public water and sewer service. The provision of sanitary sewer service on Bull Mountain will be analyzed during the preparation of the County Unified Capital Improvement Plan. According to the application materials submitted in support of the development proposal and as conditioned by the City Engineer in this decision, connections to public water and sanitary sewer services are consistent with the county growth management policies. 10. New development shall dedicate right-of-way for road extensions and alignments indicated on Washington County's Transportation Plan or the Bull Mountain Community Plan. New development shall also be subject to conditions set forth in the County's growth management policies during the development review process. Pursuant to the Washington County/City of Tigard intergovernmental agreement, the Tigard Development Code is the implementing document for local right-of-way dedication and road extensions for the proposed development. The applicant has proposed dedication a 15-foot right-of- way, consistent with this standard. 11. The County shall emphasize non-auto (transit, bicycle, and pedestrian) measures as an interim solution to circulation issues. These measures shall be used to facilitate access to transit centers. No transit centers exist in the vicinity of the.proposed development and the nearest bus route is located at SW Pacific Hwy and Bull Mountain Road. However, pursuant to the Street and Utility section of this report, bicycle and pedestrian connections are required to facilitate connectivity between developments. 12. In the design of road improvements that are required of new developments to meet the County's growth management policies, pedestrian/bicycle pathways identified in the County's Transportation Plan shall be included. SW Beef Bend Road is designated a bike route with a shared roadway shoulder design. The road is already improved along the frontage of the proposed development. 13. New access onto Arterials and Collectors shall be limited. Shared or consolidated access shall be required when new development or redevelopment is proposed along Arterials and Collectors, as detailed in the Community Development Code. The proposed Summerview Drive access Bull Mountain Road. The new access replaces several driveways in the vicinity and is reviewed above under the Street and Utility and Access and Egress sections, consistent with this standard. 14. Bicycle parking facilities shall be required as a part of all commercial, industrial and institutional developments. Residential developments which have parking lots of 20 or more spaces shall provide bicycle parking facilities. The propose development is for single-family detached homes with parking on site. Thereofre, this standard does not apply. 15. Coordinate with the City of Tigard for the planning and provision of park and recreation facilities and services. The City and the applicant have discussed acquisition of the northern drainageway open space tract for the purpose of providing park and recreation services, consistent with this standard. 16. Open space shall be used for a variety of recreational activities, the protection of wildlife habitat or aesthetic purposes, such as scenic views. The applicant has proposed open space tracts for the two drainageways that cross the subject site. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 42 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • Pursusant to CWS provider letter conditions, these drainageways will be enhanced to benefit water quality as well as wildlife habitat and aesthetic purposes. Access through the northern drainageway for pedestrian/bicycle use is conditioned in the Street and Utilties section of this report. Therefore, this standard is met. 17. Review of land partitioning and structural development proposals for areas within one half mile of rock quarries (existing and proposed) shall include 1) measurements of noise anticipated from such development and 2) appropriate mitigation measures which ensure that the future land uses meet Oregon Department of Environmental Quality noise standards. Conditions to development, such as requirements for berms, walls and other noise buffers shall be applied to the approval of new development when appropriate. The subject site is not located within 1/2 mile of a rock quarry. Therefore, this standard does not apply. 18. The required amount of parking for development shall be determined by the Parking Maximum Designations and the standards of the Community Development Code. Parking is addressed in the Off-Street Parking and Loading Requirements section of this report. Summit and Slopes - Design Elements: 1. The residential character of this subarea is to be protected. Improvement of roadways should be done in a manner which does not encourage excessive traffic. All roads planned for improvement or connection to SW Bull Mountain Road within the Planning area should be constructed as minor collectors or local streets following the topography generally and not directly aligned with other major roadways. The proposed development is a residential subdivision. The proposed streets are designed as local streets and will generally follow the topography on the site. The layout of the proposed streets is largely dictated by preexisting abutting development and sensitive land resources. 2. Hillside building techniques and foundation designs such as stilts, stepped foundations, etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed site plans, elevations and sections shall be required showing all structures, foundations, and techniques proposed for hillside construction. These, as well as other site plan requirements for building on steep slopes, as defined in the Community Development Code, are intended to ensure that development activities do not increase the potential for earth movements such as landslides or land failures in the steeply sloped subarea. Detailed site plans will be generated at the building permit stage for home construction. A geotechnical evaluation and report (Geo Pacific, July 12, 2004) reviewed the proposal and finds that it is technically feasible provided that the recommendations of the report are incorporated in to the design and construction phases of the project. 3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes until a grading plan, as defined in the Community Development Code, is approved. Borrowing to obtain fill material shall be prohibited unless the material is obtained from a cut permitted under an approved grading plan, or imported from outside the hillside area. The final grading plan will show all proposed grading. All imported fill will be engineered and only authorized under the approved grading plan. 4. Removal of natural vegetation shall be minimized, existing vegetation protected and destroyed vegetation replaced. This is required in order to conserve important natural areas, decrease the potential for erosion, decrease the amount of surface water runoff and help prevent earth movement in hazardous areas. A slope stabilization and revegetation plan, which includes a schedule for revegetation after areas have been cleared, shall be included with the required rading plan. Revegetation shall be completed before October 15 of the year of construction, or a temporary treatment shall be required sufficient to prevent erosion prior to the rainy season The Phase I site has been logged and was subject to any revegetation required under the State Forest ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 43 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • . Practices Act. The applicant submitted a Grading and Erosion Control Plan (Sheet 4 of 14) for the proposed development and states in the narrative that a schedule for revegetation will be included in the grading plan. The natural areas on the site will be protected pursuant to CWS standards ( see File No. 2688 and File No. 05-000672). Therefore, the applicant shall submit a revegetation schedule with a revised grading plan, consistent with this standard. 5. Because trees are such an important natural and scenic resource on SW Bull Mountain, development in areas of standing trees shall be designed to minimize the number of trees to be cut. At the time of development, no more than fifty percent of the mature standing trees (six inch diameter or greater) shall be removed from any parcel. Development design and clearing for structures shall provide for maximum retention of old growth trees. Prior to development, the harvesting of forest tree species for their commercial value shall be in accord with the Oregon Forest Practices Act. The.slope stabilization and revegetation plan shall indicate the mature tree planned for removal and describe the replacement programs. Replacement trees must be of at least 11/2-inch diameter. Prior to application for development review, the applicant obtained an Oregon Forest Practices Act permit to harvest trees on Phase I, Tax Lot 2100, which had previously been in forest deferral. One year later, the applicant applied for subdivision review. Therefore, "at the time of development", a portion of the subject parcel had been logged. However, two drainageways remained in tact on Tax Lot 2100. According to the Arborist Supplemental Report, dated July 5, 2005, 27 trees are proposed to be removed for streets crossing the vegetated corridor of a total of 114 trees. Therefore, with 76% of trees retained, the proposed development meets the retention standard for Tax Lot 2100. Phase II of the development proposal is comprised of Tax Lots 600 and 700. According to the arborist report dated April 18, 2005 and an Addendum dated June 20, 2005, 198 trees greater than 6 inches in diameter were identified and 134 are proposed to be removed. Therefore, with only 32% of the trees to be retained, the proposed development for Phase II does not meet the standard for retention. If all three tax lots are considered together, for both Phases I and II, the Arborist Report states that 43% of trees greater than 6 inches in diameter are proposed to be removed. with the above figures Staff calculates that 51% (161 of 312) of trees greater that 6 inches in diameter would be removed, or 49% retained. Therefore, based on the foregoing analysis, Phase I meets the standard and Phase II does not meet the standard for retention. It should be noted that the information presented in the Arborist Report and its subsequent addendums and supplementals, is not readily applicable to the tree retention and mitigation standards. In addition, the applicant did not address the retention standard on a parcel by parcel basis as the standard would indicate or provided the information for staff to do so between Tax Lots 600 and 700 in Phase II. The applicant, however, made every effort to have the subject parcels annexed prior to development review. Staff workload caused the applicant's annexation application to be reviewed months after its submittal and the City Council has delayed its decision over the past two weeks. Without these delays, the subject parcels would most likely be annexed and the Bull Mountain Community Plan would no longer apply to the subject parcels. Therefore, the Commission should consider whether to require a revised arborist report sufficient to address the standard and a revised Phase II (Tax Lots 600 and 700) to meet the standard. 6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the Community Development Code, shall be preserved in their natural condition including topography and vegetation. Where roads are required, bridges shall be preferred means of crossing streams and waterways rather than infill and piping or channelization of water flow. Two streams and their adjacent riparian zones cross the subject site in a northwest/southeast direction. They have been identified in the Jones and Stokes Natural Resource Assessments for Phase I (June 2003) and Phase II (March 2005). Protection and enhancement of these areas is addressed in the Clean Water Services provider letters submitted for this application. The Bull Mountain Community Plan identifies the northern drainage as significant Water Areas and Wetlands & Fish and Wildlife Habitat. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 44 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • SW Summerview Drive and SW Solstice Drive both require stream crossings on the subject site. The applicant's narrative states that the crossings are designed with box culverts. The Oregon Department of Fish and Wildlife commented on the proposal in a letter dated August 29, 2005: If streams are to be crossed by roads and there is any chance fish inhabit the stream them, the applicant should review the ODFW Fish Passage Requirements. The applicant should also prepare a fish salvage plan if stream sections are to be de-watered. If fish are not an issue, ODFW recommends that culvert width at a minimum match the original high water width of the streams, the culvert be set at original stream grade, and the culvert be imbedded or open bottomed to facilitate the passage of other stream related species. Pursuant to the ODVW recommendation and identification or the resource as significant in the BMCP, the applicant shall design the stream crossings consistent with the ODFW recommendations. 7. Use of power line easements for farm operations, open space, and wildlife habitat shall be encouraged as appropriate in this subarea. There are no power line easements within the subject proposal area. This element is not applicable. 8. This Design element refers to Area of Special Concern 1, which is not within the project area. Therefore, this element does not apply. 9. This Design element refers to Area of Special Concern 2, which is not within the project area. Therefore, this element does not apply. 10. This Design element refers to Area of Special Concern 3, which is not within the project area. Therefore, this element does not apply. FINDINGS: The proposal meets all of the General Design Elements except provisions for noise reduction measures on proposed Lot 64 located adjacent to SW Beef Bend Road. The proposal does not meet several provisions of the Summit and Slopes - Design Elements, including revegetation, retention of trees, and stream crossings by proposed roads. Therefore, the Bull Mountain Communty Plan standards are not met, but may be met with the following conditions of approval. CONDITIONS: • Prior to issuance of building permits for Lot 64, the applicant shall provide noise reduction measures for Lot 64, consistent with the Bull Mountain Community Plan standards. • Prior to commencing site work, the applicant shall submit a revegetation schedule with a revised grading plan. • Prior to commencing site work, the applicant shall submit a revised arborist report sufficient to address the tree retention standard or, based on the information submitted, revise Phase II to meet the standard. • Prior to commencing site work, the applicant shall design the stream crossings for SW Summerview Drive and SW Solstice Drive to be consistent with the ODFW recommendations for culverts. SECTION VII. OTHER STAFF COMMENTS The City Forester commented on the proposed development and found that the arborist report by certified arborist Robert Mazany contained the four required components and is, therefore, acceptable. The City Forester's recommendations can be found in the Tree Removal section of this report (comments in their entirety are located in the land use file). The Tigard Police Department reviewed the proposal and has no objection to it. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 45 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • SECTION VIII. AGENCY COMMENTS Oregon Department of State Lands submitted a wetland notification form dated August 12, 2005 stating that wetland delineations WD03-0513 and WD04-0615 were concurred on June 3, 2005, and a state removal —fill permit #35035 was authorized on August 10, 2005. Oregon Department of Fish and Wildlife submitted a comment letter dated August 29, 2005, stating that at this time, we do not have any objection to the planned development." However, they suggest that land clearing should be avoided from March 1 — August 1 to avoid impacts to nesting birds. In addition, they recommend certain measures for stream crossings whether or not fish are present, including a culvert sieth that, at minimum, matches the ordinary high water width of the streams, is set at original stream grade, and is imbedded or open bottomed to facilitate the passage of other stream related species. Portland General Electric commented on the proposed development and stated that an 8 to10-foot public utility easement is required on all frontage lots and that sidewalks may not be part of the PUE. Washington County commented on the proposed development including conditions of approval for improvements to Beef Bend Road, which are included above under the Street and Utility Improvement Standards chapter of this report (comments in their entirety are located in the land use file). Tualatin Valley Fire & Rescue commented on the proposed development and endorses this proposal predicated on the following criteria and conditions of approval: ** NOTE: The following comments are based on Tualatin Valley Fire & Rescue's previous Ordinance 99-01 due to the timing of this project. 1) When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. 2) Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for one or two dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3) Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested. 4) The inside turning radius and outside turning radius shall be not less than 25 feet and 45 feet respectively, measured from the same center point. 5) Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. Signs shall read "NO PARKING — FIRE LANE" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.1) Private streets and tracts throughout the project shall be designated as fire lanes as per this requirement. 6) Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum grade of 15 percent for lengths of no more than 200 eet. Intersections and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. Public streets shall have a maximum grade of 15%. Grades of up to 20% will be acceptable when all the homes within this development are provided with automatic fire sprinkler systems in accordance with NFPA 13D. ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 46 OF 47 PLANNING COMMISSION HEARING 9/12/2005 • • 7) Fire hydrants for single family dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. The proposed number and distribution of fire hydrants is acceptable as submitted. 8) Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway. 9) Fire hydrant locations shall be identified by the installation of reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. 10) The minimum available fire flow for single family dwellings and duplexes 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 UFC Appendix Table A-III-A-1. 11) Approved fire apparatus access roadways and•fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. Wqe September 1, 2005 PREPARED BY: ! ary'Pagenstecher DATE Associate Planner ARLINGTON HEIGHTS III SUBDIVISION STAFF REPORT(SUB2005-00007) PAGE 47 OF 47 PLANNING COMMISSION HEARING 9/12/2005 'T 1 CITY of TIGARD �' OEOORAPHIC INFORMATION SYSTEM Willp4kill VICINITY h AP •1 SUB2005-00001 PDR2005-00003 \ I$*4i_iiIiIU 10N2005-00005 I - log . T • klUTUM N/V a� _ttM SLR2005-00008 ` SLR2005-00009 1 VAR2005-00031 l \ • I DR ;z ARLINGTON HEIGHTS • - \ N i * d NO. 3 SUBDIVISION \ 11* a > . = \\ u_' ea °o El o �� l tw I /u . \\ r,,k0 � _g is .'•Q , ..NRA�'• o ��w` Q ,1 \ O and Area Map IP _____Iz _______, . 00.4 .* • N . 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V S CITY OF TI SUB2005-00007/PDR2005�000031ZON2005-00005/ G SLR2005 00008/SLR2005 000091VAR2005-00031 S®TE EP®-.AN (Map is not to scale) ARLINGTON HEIGHTS NO. 3 SUBDIVISION • PORTER COMPANY,LLC 5510 SW Dover Loop Portland,Oregon 97225 Telephone: 503-977-0497 Facsimile: 503-246-3422 E-Mail: porterpdx @earthlink.net August 31,2005 By Messenger Gary Pagenstecher Associate Planner City of Tigard 13500 SW Hall Blvd. Tigard,OR 97223 Kim McMillan,PE Development Review Engineer City of Tigard 13500 SW Hall Blvd. Tigard,OR 97223 Re: Arlington Heights III (Case File No. SUB2005-00007) Dear Gary and Kim, I have enclosed further additional materials to supplement the original 64-lot subdivision "Arlington Heights III"application previously submitted to the City, in response to recent comments from you,Kim. Because this additional supplement should be read in conjunction with the original application,relevant sections of the Code may be cited but not quoted in full again. The following items are discussed in this letter: 18.705.030.11.1, 18.705.030.11.4 and 18.370.020.C.11 Although not required by the City,the applicant proposes to install stop signs at all of the intersections within the Arlington Heights III site. Regarding sight distances at the intersections of the private streets with SW Summerview Drive,a sight distance certification from the applicant's engineer is submitted concurrently with this supplement. Aside from the items above, all other elements of the application for a land division remain the same. 1 i • 46. 111P 4 L.• C. Porter Enc. 1. Sight distance certification letter from CnF Consulting, Inc. dated August 31, 2005 (27 copies) c: Tom Weber/enc. Brad Crementlenc. Bill McMonagle/enc. • 2 • • • • • .• CN, iT con-suiting. InC. Committed to Excellence Planning • Engineering • Surveying • • • Gary Pagenstecher • August 31,2005 Associate Planner City of Tigard • 131.25 SW Hall Blvd: • Tigard,Oregon 97223 . • • Kim McMillan _ . • Development Review Engineer City"of Tigard . - . . • . - . 13125 SW Hall Blvd. V • • Tigard,Oregon 97223 • RE: Arlington Heights,III, Case File.#SUB2005-00007 • • : " • •CNF Consulting,Inc. Project#2002_0324-02 • Dear Gary and Kim; Per our telephone conversation earlier today, Gary;and Kim McMillan's recent discussions with Tom • Weber,Bill McMonagle and Larry Porter in which Kim requested additional information regarding the design of the proposed streets and specifically the private streets,the following is in response to those discussions. One of the requested items was a-Sight Distance.Certification Letter from CNF Consulting, • Inc.,stating the Sight Distance between the Street Intersections; hence,we are submitting this letter to . meet the requested Intersection Sight Distance Certification. • • • Intersection Sight Distance Certification: ' . As displayed on the proposed Site Plan(sheet 3 of 4)and Street Plan(sheet 6 of 14),Arlington Heights, III has three(3)Public Streets, six(6)Private Streets and one(1).Private Drive and are as follows: The proposed Public Streets are SW Summerview Drive, SW Solstice Drive and the extension of SW Summit Ridge Drive The Public Streets have fifty feet(50')of Public Right-of-Way and twenty eight feet . •(28')of pavement. • • The proposed Private Streets are Streets A through F,and the Private Drive is Street H; • Each of the Private Streets at their intersection with a Public Street has twenty four feet - • - (24')of tract width with twenty two feet(22')of pavement. The Private Drive has twenty two feet(22')of tract width with twenty feet(20')of - pavement. • • Arlington Heights,III Subdivision City of Tigard SUB2005-1-00007 • August 31,2005 Page 1 of 2 ' • • • ' P.O. Box 68868 • 'Portland, Oregon 97268 • (503) 246-1200 • (503) 246-2579 fax • • The Private Streets A,B,D,E,&F all intersect with SW Summerview Drive, Street `C ' is a short connector between Streets B &D and the Private Drive intersects with SW Solstice Drive. On either SW Summerview Drive or SW Solstice the vertical profiles do not detail any areas which would have an impact in relation to the sight distance; hence,we are only reviewing and certifying the horizontal components of the above described Public and Private Streets The Horizontal Component of the Intersection Sight Distance as measured in a straight line from a point ten feet(10')back from said curb line contained within the required set-backs to a point along the oncoming lane as measured three feet from said centerline along SW Summerview Drive between Intersections of Private Streets are as follows: Street`A' 250+ feet in both directions Street`B' 250+feet in both directions Street`C' is a short connector between Private Streets B &D and has greater than 250+ feet in one direction Street`D' 250+feet in both directions Street`E' 250+ feet from the south direction 227 feet from the north direction Street `F' 209 feet from the south direction 234 feet from the north direction The Horizontal Component of the Intersection Sight Distance as measured in a straight line from a point ten feet(10')back from said curb line contained within the required set-backs to a point along the oncoming lane as measured three feet from said centerline along SW Solstice Drive between Intersections of the Private Drive H is as follows: Street `H' 250+feet from the westerly direction 200+feet from the easterly direction to the Tee-Intersection of Solstice Drive and Summerview Drive If you have any questions or require further clarification, I can be reached at(503)246-1200(office), (503) 799-4330 (mobile), or e-mail at lbc @cnf-eng.com. 10;3 Sincerely, _ (,/,/,, A „ ,,t_. c1/40 P R Ore, L. 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S.F. OWNER/DEVELOPER: 3,431 11 ,705 3,236 5. iT S F E--•+ �--� I w � '� 20 00 � ,, MODEL S.I*. I .. 1°D — 4008 2 .00 I I II I : C� s t BOB LAW & SANDIE RUSSO �—' C TAX LOT - 1 �__ t I • 12655 SW NORTH DAKOTA ST, 307 � . .. .00' 4' AC RAM "; ... ♦ 1 TIGARD, OREGON 97223 W I PUE _ 0 43,01' ��ry�;e-� TAT T ( PH. (503 608 5150 1 i 1 4.: 1--H_ 39.93' 20.00 j . 1► . L l ellIMIX=1■•• am 1. 0—•-- - --x.00' R.O.W. DEQICATION y'.ccor, - — 40.00' 20♦00' 45.82' t U• - ►� 105.$2 1 I a 4 i ► ENGINEER II tl tapRQFF I1._;II a 1 WB WELL AND ASSOCIATES �. �aiNF /O 0 d cas GAS UNE 1 I 4230 NEN3SD)F,REMNT ST RET �` �'g '��,S ;S EXISTING SANITARY SEWER II ° °u�a; PORTLAORGON 97213 b II © o I I ,b AND MH II �n ' �. EXISTING STORM SEWER, II 5 375 S,F. �' I ; I PH: 50284--5896 �0y4�y20,�9� i�VQ AND CATCH BASIN FAX: (503) 284-8530 �� C. V"° MH II Io I TAX LOT ON EXISTING OVERHEAD UTILITY 1I 1� 2 3 EXIST CON TACT: MICHAEL C. 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PROPOSED LOT LINE �,( 1 S,F. �� 4 4 I I 4 EXISTING CONDITIONS PLAN REVISIONS: �` PROPOSED CENTERLINE I I Q 4 PROPOSED CURB o • • 4 • ••° . 5 TREE PLAN REVISED 7/04 PER MATT •- P ED EDGE OF PAVEMENT I if; 4 d d PRO OS SCHEIDEGGER'S LETTER '' PROPOSED SANITARY SEWER I 1 I DATED 7/7/04 .... _ ........,.... ..... _ .... .... __ ,.. ...... I TAX LOT III ST ST (��„ PROPOSED STORM SEWER, i07♦72' 202 REVISED 10/04 INLET & MH REVISED 11/04 PROPOSED WATERMETER W W & SERVICE LINE c~o REVISED 3/05 I EXISTING FIRE HYDRANT TRACT A I EficT I I REVISED 5/05 c� B I DESIGNED BY: �? 5,841 S s Fr I I I EXISTING UTILITY POLE ` ' W/ & W/O LIGHT M DRAWN BY: SCK CHECKED BY: MCM X 123.45 EXISTING SPOT ELEVATION SPOT ELEVATION 122.73' _ .,.. ..�, _.._._...._.... ..- -- -�-----•-�- --- -- -�----- .�-` '"` X 123.45 PROPOSED ... ,.. .F.F..-.--- -- — ____ - '�"_'_"' ` """ "`"_I.FF."'. i PLOT DATE: 01-19-05 a PROPOSED BLOWOFF ASSEMBLY 0 10' 20' 40' `J0B N0: 02-249 1 ® PROPOSED BASIN WALL A SITE MAP TAX LOT I PROPOSED CONICAL GRATE I 1 SCALE 1;20 201 1 °z. 1$ = 20' SHEET 1 5 00 PROPOSED BLOWOFF ASSEMBLY I i // /` / ,7 z z ,,/ 7 ,/ ,,' //// 't 4.0,...OILI. I.I 1.-0. CO.1. ■.4'1,4 40 1../U..4,Ibar I n Lai Z W.B. WELLS and associates, inc. 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I 'i 4 4 ' ammo woo 44444.44444.444404.44 MOO. 40.1110* IOW Ill. 11 /8.00'1 , 44 .* 4 .• . 4 ii 4 _____________________,--0 ,,,.i _......::ir1) f :GINE 0-v I ' - • 1 31 c.0. 9 # ANtr.„4.44:0.!.. 16' 164.! - i PUE F71. I ,I t B 11..i.: ,•:, gile: i 5:1 ASPHALT -..--- 0.51 11 ,w ,/ 2 :!,:.• .::.. 14 , TAPER o RE • 11 / 1 I I . I 5' 5, O..' curb , SAWCUT 8 MIN FROM EXISTING %p. -4 +a v 9 V. i 34 I CENTERLINE OR AS DIRECTED ..1.„, (I/ EXIST CURB-S, I, ) 1 , fi i i ',,,,r'1-3\70- -- \ .t. ,/ , I 1, I I I . , ,1 ', - I I <1 2Z )•:i ,-..---.... .N Ar*:.,re..."..:t BY PDOT INSPECTOR. SEAL & MATCH. 4.,,i4, k 20,A N..)$.' ‘411. C. tit° EXPIRES: 12/31/2 I,' 11 ' \\\ -01-1--- I \ 14 / fl" ,, SIGNATURE DATE: BLDG 11 \ / 11 \ . / I CONSTRUCT SIDEWALK 11 .--..... \ 011111111101.1•11111110111110•14r.. • i 2 CLASS "6" A/C FINAL LIFT BOB LAW 11 1 • / .* / 1---3 iti I 1 I 32-1-50 L I 1 1 I PER STD PLAN 3-125 3" CLASS "B" A/C SANDIE RUSSO it I PLANTER STRIP 1 • / 1. I i 63 2'' OF 3/4"-0" CRUSHED ROCK LEVELING COURSE 12655 SW N. DA.KOTA ST.I _- i" CONCRETE CURB 6" OF 2'-0" CRUSHED ROCK BASE COURSE ..- -_______ii ...-- -- - - . ....... ....... PER STD PLAN 3-130 OR MATCH EXISTING SECTION WHICHEVER IS TIGARD, OR 97223 _.- . 1 20 00' ii ..... .... . -s- I le -- ..... 0 \7 ./), 503-608-5150 ...- oN w/6" CURB EXPOSURE GREATER \ / 14 • . ' 1 5 00' ill 1 / L Id I -OH -1.- a- 11 c L VER , I COMPACTED FILL MATERIAL 95% RELATIVE C --\ ._,._/ - t N ./ / . I DENSITY PER AASHTO T-180 REVISIONS: ; A 4 • • • 4 : 4 . REVISED 7/04 PER MATT II. D SW 95th AVE. TYPICAL SECTION , A i SCHEIDEGGER'S LETTER I „.„,•\( ' '' I ....\\ I '4' • -4 • L - 4 . 2 N.T.S. DATED 7/7/04 \ a / 0 , t ,, 1 ....... _ ___ ___ __ . 00 __ __ I 1 .4 vt II 33_ I emNIIIIMENIIII■NO■ ---/ I REVISED 11/04 I I/ II / / , / 7" I • I 6' WOOD / - : FENCE / ,--- -„" 0 , I N / EXIST DESIGNED BY ,.., 7 TRACT A ,.,,\(L,.. I BLDG I DRAWN BY: SCK . . ., • ' , 7 •• . . --... ...- , 5.00' , s C,,, * 4-4 AREA TO BE RE VEGETATED AFTER CONSTRUCTION , CHECKED BY: MCM _ - PUE ----.1 -4*--- 1 • 5' CHLF. EXIST I 1 . BLDG -"me' s, , ....... PLOT DATE: 01-19-05 • \ VARIES , ' ..........-- "--a.-- 7---X.--------4....-41.---- -----.--.i., ..... - X I -- 19.0 TO 201 k JOB NO: 02-249 , _____, .... .... ...... _N. ; MN. MIIIMIP 4111111■1111111111•011101100111MIP 445 IMO •,.. } 0 1 Ot 20' 40' 1\33_ 50.3Q GRADING STREET, & , , L E OP r I ®EROSION CONTROL PLAN ki_Wiii !1 SHEET 2 OF 5 _ Eir I 2 SCALE 1"=20' 1" = 20' I • 7 / I . '11 4 S M lE=1671 W.B. WELLS 7 / I 1 1 TAPER 1PEARSPHALT and associates, inc. ENGREERS-SURVEYORS-PLANNERS 4230 NE FREMONT STREET ,77 / SILT FENCE / fi, I PORTLAND,OREGON 97213 PIONE(503)284-5896 FAX:(503)284-8530 e-mail address:info@wbwells.com ■ 7 ,' i INLET 4e$ 0 141,41 0 . „ . 4' AC RNA: ,,,. , 0: IA; E 4.---'09.00' 0\' 7 .... ?..1,6 '4.At.;■. 1,P4 !Li T1167.2 iikellihee ,. 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I . , ..... ...... _ ....... _.... --s. i 0 \ .0 il TIGARD, OR 97223 1 4 . — --- —01-0- 1-- — N CT-P V 1 503-608-5150 L --1 .Q4.4.7kawiiip ER i 1 4 . 1 1 31 I c . 4 . • REVISIONS: I 4 . I REVISED 7/04 PER MATT 4 .5.A I 0 • ' 4 --------- I SCH El DEGGER'S LETTER — .---.1 I I i v, , 33 10 1 I DATED 7/7/04 . I I I REVISED 11/04 TRACT A EXIST ° '1‘ I BLDG I , (l \ C-11 -.VERT I; I DESIGNED BY: DRAWN BY: SCK -- CHECKED BY: MCM 1 0 10' 20' 40' 33 50.3C1 PLOT DATE: 01-19-05 A PRELIMINARY UTILITY PLAN i ,,JOB NO: 02-249 .i 31 3 SCALE l''=20' f" 1* = 20' I SHEET 3 OF 5 } 4.■••■•■■•=mis .-"" \ TAX LOT ( I .1 VI 6" DEC W.B. WELLS , ,// .:::'''''' '' . _ ,. .. — . and associates, inc. /- , 500 1 " 1j - 4p0EN2 . / \ / TAX LOT 1 DRIP, GliETNIL A NERESNSFDRUERV:YA4REOM.P1 A*NGTOSNT9R7E:ER1 STREET i -\ i 600 - . .! . . - - . • : \ c‘ \\ • , / J 77(/' __ ....._ -L. ... ./ ' 6' WOOD ./ ,--(-) ! ,, / _.-- ' .1-FENCE PHONE:(503)2E4-5896 FAX:(503)284-8530 7/ / _ \.2,00.00'; Oda / , - ... e-mail adcess:kitotiobwells.corn ,c(oP / „H. ...... wro arsrsariat iiii .- O1 :; Ov 7 )\)‘)/ Z/ -... ''.......** S89'51 )33"E ,- -- 2-8" APPLE ___. __ - i kill ME? / ,IF /......,.....0 •"'"" ) 4 0 Ea: 64)452 r I' / we 01 51 . -- . .._. 1 -12" APPLE .. .,.. / i--. . _.: 1 '-; I 1.1.1 akililliete 03 /". / 35 .5 .,,, .• , ,.,-_, . _ 20'0 DRIP -- -- -- 3-8" APPLE / "1 1VERT i > e : CA OP\'\ Le ...... .__ - 15'0 DRIP In* CHERRY 0 6 01 6--- -... I ...---- • .. ..- - / f_Z- --.:- ,40C' i LL..1 i t..) / / ._, — , i .. . . ___ ,._ ___ ,.... --- ,- • ' iji EXIST 30'0 DRIP I/7 " :) i ' .: I -cc k ',....1 1--- > V- ''' . 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EXIST CURB I. / • C? cr°1 1 : .- , I /r / i I OR ', /■, P . cv 1 \ TAX LOT 4,74/: ! 1 ' \ . , :.. b 2 03 EXIST Li, -s.' r-- u) I ' \ \ , BLDG *-- I - z 24" OAK 1 1 I I 7-6" HAWTHORNE \ , I , 20'0 DRIP \ DRIP I I 32+50I EXPIRES: 12/31/2034 , 1 , (- 1 tn ir...,,. 1 SIGNATURE DATE: 4.2.42S-- - -- -- - -- .1'II .11,411, "11 _ - . ._, : Z\ i 4111W . _ --....- -- . 99.9130)1.95'1 4 14° BIRCH ' \---- 111 I 200 DRIP -r• 1. , I 011 II l'`'.. i ...., . : 1 SANBDTE IARUIVSSO ._ aiw: 4_,i -'\- -- -- N89'04'431 I /on BIRCH i V) " '''..?, ' 2-6" HAWTHORNE AP,- // 12655 SW N. DAKOTA ST. 1510 DRIP - • . _l___ I____ — 1 - . . I • 30'0 DRIP _--- ---- -OH 1 i, -p VERV\ TIGARD, OR 97223 1 -s - in I 503-608-5150 . . • 4 ii ,,, s , 1 18" APPLE -* . - . 31 15'0 DRIP .,. s. 12" CEDAR 4 4 • 4 . . I 1 ; r 4 . 4 . I i REVISIONS: , * 30'0 DRIP , 1 i I 1 REVISED 7/04 PER MATT ....., _.. -- - - - N. . ,. . 1 . 1 ° 110 1 .r— r. I , c) -c) — I. 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ENGINEERS-SURVEYS-BANNERS � / t PORTLAND,FREMONT STREET 77 Z OREGON 97213 1 A. MAKE EVERY EFFORT TO PROTECT ALL TREES, SHRUBS, PMONE:(503j�FAX:(5o3j� GROUND COVER AND OTHER VEGETATION EXISTING ON THE e-md address:info@wbwells.com of 7. , '' . PROJECT SITE WITH THE EXCEPTION OF THAT INDICATED TO 1 '33"E S89 2J0,00 BE REMOVED. .� • W ( 0 ... 41.41. 41... .W.. ...... ..... ,.......,.,.�.. MOM,,I•l• .._ _... . ........_ , Y 0 7 2-8 APP E \Ø -. 7�°t��}31 1 -12" E B. MEET LOCAL JURISDICTIONAL REQUIREMENTS FOR �'` 3, 20 DRIB' 3-8 APPLE ; PROTECTION OF EXISTING TREES AND VEGETATION. . il-o\ PAP -- 15 DRIP ,� ,,�-.w.,.. ''''CH ,,► �r,�:+._.� �� i 30'0 D1�'. ! � � ._ 4444. ../ Z„r I C. PROVIDE TEMPORARY FENCING, BARRICADES AND 1 Jr] 5 I 0L GUARDS AS REQUIRED TO PROTECT TREES AND OTHER.d : L ' 6 PLANTS, WHICH ARE TO REMAIN, FROM ALL DAMAGE. ERECT Z ,- F 1 2 3 1— 1 4 `� �� , PRIOR TO COMMENCEMENT OF CLEARING AND DEMOLITION Z i „ ! WORK AND REMOVE ONLY AFTER ALL WORK POTENTIALLY i 1jo", �CUST W I C:14 !: �`.• j INJURIOUS TO TREES AND OTHER PLANTS IS COMPLETE. ,� II i►""""— � � 4-6" HAWTHORNE � � FENCE SHALL P MODEL ,,i.. � LL BE LACED AS FAR FROM TREES AS IS Co 4008 4I 15 0 DRIP � PRACTICAL, BUT IN NO INSTANCE CLOSER THAN ONE FOOT - � OD L ,� tt - ! _ „ .� BEHIND REQUIRED CONSTRUCTION LIMITS. FENCE MUST BE � ii � 8 pE � MODEL \ ;,,....! ..,/4B _ - � � � �' it ^� 15'� TRIP 2174A . ' • SEMI-PERMANENT 6' CHAIN LINK FENCE ON STEEL POSTS E-4 11 _ .. 4 _4.4.44:_-. 4 or PLACED NO FURTHER THAN 10 FEET APART, KEPT TAUT Pa C=4 Z .-0."' it ,: AND IN PLACE THROUGHOUT THE DURATION OF• .0. 1\\ 2-8" APP E 30'0 DRIP STREET _ .�r- F t CONSTRUCTION OR AS AUTHORIZED BY THE PCA. z 0 ,.................... —t 1 S tt .. 4.444..-. _-...4444 ...4444 I ti_ I D. PROTECT ALL TREES FROM STOCKPILING, MATERIAL imi cizil (..) tt I STORAGE, VEHICLE PARKING AND DRIVING WITHIN THE TREE Z t� 6 ' APIA' _ — _ ✓ 12" APPLE , DRIP LINE OR TREE PROTECTION FENCE AREA. C� ` � 15 � DRIP � . a -�-� 0 4 Em4 i I l t ■ I In Z __ a. ,; 4444. I, (1•111 rril 2 Cn ' CD M I MODEL ..- � I 4008 I*2ELO2PJF , 10 ii 12 I 7 Z In 8 0-, 9 ► i o v-, , 1 1-r) I MODEL i i `� I 4008 I 1—.4 I E�F1�1 I c 1 in 14 0 GAS EXISTING GAS LINE r I - 711:_il I cT i EXISTING SANITARY SEWER o '\ •,t§->____ss ...35 1 AND MH ° I 1�C St -- EXISTING STORM SEWER, ! .... .... ..........-.- — -. — - - --• ---,-~~' "' ""'` MH AND CATCH BASIN o° 588'44'28"W 109.93' ON EXISTING OVERHEAD UTILITY z j p k EXISTING EDGE OF PAVEMENT , ,E I. E-4 _ = EXISTING CURB d - . 41 30 o DRIP I I OWNER/DEVELOPER: f 1 W `14 0 EXISTING WATER LINE, METER, I. I & GATE VALVE I ` - I LAW & SANDIE RUSSO EXISTING CENTERLINE I BOB L ..... ... .. a 4 12655 SW NORTH DAKOTA ST: : : ___ -- -- EXISTING LOT LINE 13 20'0 DRIP OP - TI G A R D OREGON 9 7 2 2 3 -� -- - ----•-- --i -- ---� PROJECT BOUNDARY & R.O,W. '� PH (503) 608-5150 -- - -- -- --- PROPOSED LOT LINE °I I WOMIll_ ___----- PROPOSED CENTERLINE o A PROPOSED I o A. RO OSED CURE 7-6" HAWTHORNE z 24" OAK A SEWER 20'0 DRIP 30'0 DRIP 4, SS vS PROPOSED SANITARY ... ..... ... ........ ..... ...�� , ..w ,,�.,, ENGINEER BOB LAW ST ® PROPOSED STORM SEWER, SANDIE RUSSO f � 14 BIRCH INLET & MH 99.93' 20'� DRIP WB WELLS AND ASSOCIATES > �►�� _� iN89► � �.. _. _�._____ ...- -- -.�---...� -- -- � 12655 SW N. DAKOTA ST. W wI PROPOSED WATERMETER ' -- 4230 NE FREMONT STREET Sc SERVICE LINE ,,,,r,�' 10" BIRCH�i '0 4'43�E 101.95' TIGARD, OR 97223 2-6" HAWTHORNE �- I PORTLAND, OREGON 97213 503-608-5150 15 Rf ID D P � I EXISTING FIRE HYDRANT 30 DRIP - - —= ' ' T I PH: (503) 284-5896 4cY • I REVISIONS; EXISTING UTILITY POLE W/ & W/O LIGHT 18" APPLE I a FAX: (503) 284-8530 .• REVISED 10/04 150 DRIP 12" CEDAR a ` o a CONTACT: MICHAEL C. MONICAL x 123.45 EXISTING SPOT ELEVATION 30'0 DRIP X123,45 PROPOSED SPOT ELEVATION . } REVISED 11/04 �A1�1HCEBN 1 o o a PROPOSED BLOWOFF ASSEMBLY 15'0 DRIP N:I c� I " r� o zuzaz PROPOSED BASIN WALL 8 FIR c PROPOSED CONICAL GRATE 30'91 DRIP c ,,AF z Go PROPOSED BLOWOFF ASSEMBLY 14" GUM � "� � ff::P TREE TO BE REMO VED.� �,.' - CHEED BMCM 20.7 1 1± ti... ... .. TREE PROTECTION FENCING N89'05" 40 . 2.„6APPLE A0 E �.,..� 1” = 20 PLOT DATE: 10/21/04 15'1 DRIP 8" APPLE JOB N0: 02-249 35'0 DRIP I c I SHEET 5 OF 5 i (-9 e 4„si W.B. WELLS to and associates, irtc. :. Vii.'� ,L ENGINEERS-SURVEYORS-PLANNERS ' r' '` z 4230 NE FREMONT STREET I PORTLAND,OREGON 97213 2 ,,h S ik j; i y_� PI IONE:(503j 284-5896 FAX:(503)284530 � , t. e-mail address:int•�►rbrells.cor R 2 �# ��` s89.51 '33''E f_. o.00 1r .{1-.3 11 11 .11..1. ,.,111.1.. 1111... .�.. 1111,. ,.� 1111... 1111... el.11.■ i1.. 1...i... 1111... ��''x'' 8; , ,. 35.00 40.00) 40.00 'f, . 4 78.oo' F n,-a� �5 - ,,,1 0 w G F ; WA TER ME TER �� ! a P: \LOGOS\Iogo1.PDX I Z I i £ F '_ t ! ` pit � ti • (A :-.. € - .. Y C ��.'..<4 ice- :Q -t,,,, k� I , 2,695 ' - mot- ' C, o c? c,,i �� &~t L},.L.,..,...''•,... ,h. y 11 EXIST SAN MAIN 4c) r-- r-- 2 ,_ 3 . EXIST WA TER MAIN cliil x 3,080 S.F. 3,013 S.F. {{i ;---- /:4 �" r c / � a ... " 5, 18 . ,, 1 t ,, j ,. 11 i r.+.�u ,,,,,,,:,.".,....,,,A, ri d ''�.�-. r- „ -,-{�ice , 1111 55Cy C` Y_. l r•1 >1.4 � 40.4a Yi_ 44.00 00 E-'+ �- r2;4 rt wi.:wry 1111 I -,t • 00 Ja i K,.4 sh€ `� { @@4 n w. y'itrr Af'.. ' fcr"+ ?[.,,,,,,,,-,-.. -.-,-,,,,, .,. 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Use of tiny part of the Plane by say petty other than the Oilstone.,of. 011111111111k N loan by the Custamx to t'drd pgrtiee neossaary to'saki the Customer M eg1nG the Plene,noon as oxltraators and t _I satmontrebtors•is strictly prohibited. The Plana oily not be re-used or tippled.In whole or In pert,without written p z from Ala:Mascord Design Asseoleles.Inc'INesoord"),which retsina copyrights to,i ownership of the Plans, SUB-TOTAL 1466 SQ. FT. Mesaord prepares!!s Pitinr carefully for usa by inn Cuetonsrs, Hcwevsr,gdapttport of the Plmg to nest ails•' iota fiction 420 O O bWid:ag codes end regotatlons,and epsoitte site oond:tIons,Is the respoapbtlty of the oontrsotor.In sddltlon, ord ba GARAGE AREA + 420 SQ, FT. 01]A, raspansPoie for any danapee rel,ttnq to the taouraDyarw overall hfegrlty of thr plans N eacess of lie tee pr .tlelr p T uso. ho oontrsotor, therefore,must oerefully Inspect an dMlenetans end details In Ike Plalls to-err• ...Ion. PORCH AREA + 61 SQ. 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(VERIFY CL.1 IC.W/1r. 1 , in I +i �9 LL 16/Q> X "1/t?t O.W.DR. 1 n I t I �. ___ (2)2X10 _ i ♦ L _ _______L ---- �_ L +�� rate' X !31/s" 2F G.L.NPR .!% --- �" -L . . ., \ '- __.__ -- - I- LL \ ♦ ♦ ""~ . 'SIMPSON' CM5T12 X 48 i I W/ 116c! COMMON +� 3t4'O.C. O C/s (aia • 19',,to' i MULT..)STS.TO I 8`-6� , 0. N 03 to 71 �1_422° 5'-0° .), 5'- 5'-0' ,� 1 ! dil- 0 CC 10'-0" , I L'-0" *, _ C p w cc 20,-0" 8'_0• 20'-0' 8'-0' LL .y 28`- '" 28'-0' w z t¢--- a D I- UPPER FLOOR PLAN CAIN FLOOR PLAN S SCALE : 1/4" = 11-0"" 'SCALE : 1/4' . 1'--� ' 2 ' COPYRIGHT ©C 1498 ALAN MASCORD, DESIGNER .. .,...«. ,....,...,fi.m•w.•-».... .. . ....«,».rya,.-•r».n.-..,,..... ,. ..,.. cs.w.•sr�rlpp7yNV...-»..... .. _.•y.�w„-.. ,. ,Y »�w.,:..,,. ......«.•r•q° l•.: Rp•r...-,,... .. •,.. .. ..... «. .. .. .�, I « F,+wr• ....�,.•.,r,' .•prs.w..-.�-.. »... ..-_.._.._ «.._-..... , . • • • • • 13 • at i p 0- x 14 t • i 7tw n 21 C;- i D =^ ^ . 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Ibosver.srtp:s:ten et err Pena to over toe• its 1•N')M D 7:llltllnp wt.std rookktlona,tna*gemlike ele aondhlona.le the remonsiMtl{y el the maltreat*,In saint, •wd w. j C;) 2 UPPER FLOOR 846 SQ. FT. U Oetootileta rar Pry eNwapea MINN,to the wrarsoys,e ew,ap Inibprliy of nu pb,u.in sums of the tea pa . ill"'-,-, vn. The ooMrtotet, pMrelore.met euslety*moot ell Istaeo lss sled*Mole In 1M Pins fir error •wheions. • MAIN FLOOR 630 3 0 S Q. )"T, C'h1 Uneetberk rd see or eoybreo or flea..aver.or the oaatp,,bay choler.At••ep debt*oader We•_ -ph1 A . In _ :ot) • co p t0 UJ aastatet that uroeM pantOtn at op to 620.030 pot Mork mtrr,paa,and WI le 100.000 par Irmo...414sy. ' TOTAL AREA 476 5Q. FT. 1 x penril eta r.daP.stieursn error r*My*en mtrprl oen at e4rte aria •nerdy 1111 Ian•Met et •Ht, • i t) ALAN MASCORD DESIGN ASSOCIATES, INC. http://www.maaaord.aom j 1306 NW 18th AVE, PORTLAND OR 97209 503/225-9161 FAX 503/228-0933 COLLECTION ` I • 1 • I • • 1 • • I t . • , . f . 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EA -op. in 0.1., u „.......,,..: ..:.,i.......,. : ... 1 ?, 2tu 6861 - V° ‘-'1 L4' P ...,.. i m - ....5 s., F 1 i" UPPER FLOOR 871 SQ. FT. urit"4 - MAIN FLOOR 678 So, FT. 1st, RfIDtriCt fOQ : nix'D 10 <> Those Planar tom betn O.n.o.to Iho Custom,fro eye I.lee st.rIntilItta et sae WHO".ly a.ors web.'lo llo. , cannabis ei noon..otontotel by 9i Oval mer. ue,e enY Pitt at tn•PIM ll luta Potla ollog thou tr.omit...,So. .. bon by the N./pour to ffitrd pettles mummery te omelet the Carat..in using Um Pls.au.as contractors anit %,',, PIIIIIIIIA WI ,i :r *..1 subeenbastoro,Is strictly prabiellotl. Tee P.m my not b.fe-Uflia or owed,to Shots or In perk Melon wan.par• ,,,' TOTAL AREA 1549 Sa FT, Z i . z h......Mom.DM,.Assaskim,Ins.Miaow"Mk*Moine Moralftlo Jo.a looloolOP of lfro.No.. , * . Nal Intoosted prliaro.air Pim.etrofolly Sc.use by Its C.01111.11r. ihrennerr.,edeptollon of tee Pints ea narst sp.- We ..: , , 0 I S s le .1.: 00 .... battling oorio ant raFulallorto and wenn.att.Modalont,I.Ins rompoosIelety el th.eon:actor.le 4nballim, no or '2,' 4..pennet.ler spy earnagonr.»Wag to Ow aGataStly•nel come ertsarlty of lto•PM.to eXO•es ell 1. _ 'taa • \Z.,1, tool. MO**Oriel, lb.roloro.romt...wily know it altantslons enst astalls In tn.Pte.for Km- ,'•Inints.a. ,, le ,,, co„,8 b. ,. e"4 ' I 'gqj Zintitt""ter""tf.V.71,7.71764117.,tl:71,47.47.:(41."Tott.:(11:"' it4dtivr, :.': . 2111 tz 0 . _... 73>I A osmerst Ma MI moolaeollon abotat li Plows an tntrian Port of lam,* . -.norollel IfOO IMO NMI of Ma. Pill' GARAGE AREA + 420 SO, FT. 0 i t 10 ALAN MASCORD DESIGN ASSOCIATES, INC. http://www.masoord.00m - I 1306 NW 18th AVE, PORTLAND OR 97209 503/225-8161 FAX 503/225-D333 COLLECTION • ,,, •