07/20/2015 - AgendaPLANNING COMMISSION AGENDA – JULY 20, 2015
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 2
City of Tigard
Planning Commission Agenda
MEETING DATE: July 20, 2015; 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:05 p.m.
5. PUBLIC HEARING 7:06 p.m.
FIELDS TRUST PLAN AMENDMENT AND ZONE CHANGE – CPA2015-00004,
ZON2015-00005
REQUEST: The proposal is to amend the comprehensive plan map from 37.4 acres of Light Industrial (IL),
3.1 acres of Professional Commercial (CP), and 2.1 acres of Low Density Residential (L) to 18.3 acres of Light
Industrial (IL) and 24.2 acres of Mixed Use Employment (MUE). The proposal would also amend the zoning
map from 37.4 acres of Industrial Park (I-P), 3.1 acres of Professional/Administrative Commercial (C-P), and
2.1 acres of Low-Density Residential (R-3.5) to 18.3 acres of I-P and 24.2 acres of MUE. APPLICANT:
Fred W. Fields Revocable Living Trust LOCATION: Southwest corner of SW Hunziker Road & SW Wall
Street ZONES: I-P: Industrial Park; C-P: Professional Commercial; R-3.5: Low-Density Residential
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.380, 18.390;
Comprehensive Plan Goals 1, 2, 9 and 10; Oregon Administrative Rule 660, Division 9; Statewide Planning
Goals 1, 2, 9 and 10; and Metro Title 4.
6. PUBLIC HEARING 7:36 p.m.
PLANNED DEVELOPMENT REVIEW RIVER TERRACE NORTHWEST – PDR2015-
00005, SUB2015-00008, SLR2015-00003, TUP2015-00024-31
REQUEST: The applicant requests a 215-unit planned development with concurrent concept and detailed
plan review, subdivision review, sensitive lands review for impacts to a drainageway, and temporary use
permits for seven model homes and one sales office on 41.61 acres. APPLICANT: Polygon Northwest
Company LOCATION: West side of SW Roy Rogers Road and south of SW Scholls Ferry Road;
Washington County Tax Map 2S106, Tax Lots 01500, 01600, 01800 and 01801 ZONES: R-7 Medium-
Density Residential District; R-12: Medium-Density Residential District APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.660, 18.705,
18.715, 18.725, 18.745, 18.765, 18.775, 18.785, 18.790, 18.795 and 18.810.
7. UPDATE – STRATEGIC PLAN & LEGISLATIVE WORK PROGRAM 8:36 p.m.
8. OTHER BUSINESS 9:00 p.m.
PLANNING COMMISSION AGENDA – JULY 20, 2015
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 2 of 2
9. ADJOURNMENT 9:10 p.m.
Agenda Item: 5
Hearing Date:July 20,2015 Time: 7:00 PM
STAFF REPORT TO THE
.I
PLANNING COMMISSION .14
. .
FOR THE CITY OF TIGARD, OREGON TIGARD
120 DAYS = 9/30/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: FIELDS TRUST PLAN AMENDMENT AND ZONE CHANGE
FILE NOS.: Comprehensive Plan Amendment CPA2015-00004
Zone Change Amendment ZON2015-00005
PROPOSAL: The Fred W. Fields Trust proposes to amend the comprehensive plan map from 37.4
acres of Light Industrial (IL), 3.1 acres of Professional Commercial (CP), and 2.1
acres of Low Density Residential (L) to 18.3 acres of Light Industrial (IL) and 24.2
acres of Mixed Use Employment (MUE). The proposal would also amend the zoning
map from 37.4 acres of Industrial Park (I-P), 3.1 acres of Professional/Administrative
Commercial (C-P), and 2.1 acres of Low-Density Residential (R-3.5) to 18.3 acres of
I-P and 24.2 acres of MUE.
APPLICANT Fred W. Fields Revocable Living Trust OWNER: Fred W. Fields Revocable
c/o Miller Nash Graham&Dunn LLP Living Trust
Attention: Kelly Hossaini
111 SW 5th Ave, #3400
Portland, OR 97204
LOCATION: Southwest corner of SW Hunziker Road & SW Wall Street; WCTM and Tax Lots
2S1010001100,2S101CA00100, 2S101DB00300, and 2S101DB00400.
CURRENT ZONE/
COMP. PLAN
DESIGNATION:
I-P: industrial park district. The I-P zoning district provides appropriate locations for
combining light manufacturing, office and small-scale commercial uses, e.g.,
restaurants, personal services and fitness centers, in a campus-like setting. Only those
light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are
permitted in the I-P zone. In addition to mandatory site development review, design
and development standards in the I-P zone have been adopted to insure that
developments will be well-integrated,attractively landscaped,and pedestrian-friendly.
C-P: professional/administrative commercial district. The C-P zoning district is
designed to accommodate civic and business/professional services and compatible
support services, e.g., convenience retail and personal services, restaurants,in close
proximity to residential areas and major transportation facilities. Within the Tigard
Triangle and Bull Mountain Road District, residential uses at a minimum density of
32 units/net acre, i.e., equivalent to the R-40 zoning district, are permitted in
conjunction with a commercial development. Heliports, medical centers, religious
institutions and utilities are permitted conditionally. Developments in the C-P
zoning district are intended to serve as a buffer between residential areas and more-
intensive commercial and industrial areas.
STAFF REPORT TO TI IE PLANNING COMMISSION -JULY 20,2015 PUBLIC HEARING
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R-3.5: low-density residential district. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 10,000 square feet. Duplexes are permitted
conditionally. Some civic and institutional uses are also permitted conditionally.
PROPOSED ZONE/
COMP. PLAN
DESIGNATION: MUE: mixed-use employment. The MUE zoning district is designed to apply to a
majority of the land within the Tigard Triangle, a regional mixed-use employment
district bounded by Pacific Highway (Hwy. 99), Highway 217 and I-5. This zoning
district permits a wide range of uses including major retail goods and services,
business/professional offices, civic uses and housing; the latter includes multi-
family housing at a maximum density of 25 units/acre, equivalent to the R-25
zoning district. A wide range of uses, including but not limited to community
recreation facilities, medical centers, schools, utilities and transit-related park-and-
ride lots, are permitted conditionally. Although it is recognized that the automobile
will accommodate the vast majority of trips to and within the Triangle, it is still
important to (1) support alternative modes of transportation to the greatest extent
possible; and (2) encourage a mix of uses to facilitate intra-district pedestrian and
transit trips even for those who drive. The zone may be applied elsewhere in the
city through the legislative process.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.380;Comprehensive Plan Goals 1, 2,9
and 10; Statewide Planning Goals 1, 2, 9 and 10; Oregon Administrative Rule 660,
Division 9; the Oregon State Transportation Planning Rule (TPR) 660-012-0060;
and Metro Title 4.
SECTION IL STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend APPROVAL to City Council of the
proposed Comprehensive Plan Amendment and Zone Change subject to the Findings in Section IV of this
Staff Report and the following proposed conditions of approval.
CONDITIONS OF APPROVAL
1. The planned development overlay zone shall be applied concurrently with the proposed MUE
zone.
2. Future development within the MUE zone shall include a minimum of 280 non-retail jobs to
preserve employment land capacity consistent with the city's amended 2011 EOA.
3. The site shall be limited to a maximum of 804 a.m. peak hour trips and 784 p.m. peak hour trips
(or other trip numbers based on a revised TPR analysis consistent with ODOT's analysis). If the
applicant or future property owners wish to allow for more trips, a Comprehensive Plan
Amendment (CPA) with Transportation Planning Rule OAR 660-012-0060 analysis will be
required to determine whether the limit can be revised or removed. The trip cap shall be
implemented as a condition of approval on subsequent land use permits for proposed
development and will be listed as a condition of approval in the ordinance adopting the zone
change,if approved by the City Council.
4. The applicant shall record an easement, restrictive covenant or similar instrument on the subject
property that is acceptable to the city to ensure a 50-foot wide vegetated buffer is maintained along
the eastern property boundary abutting the Rolling Hills subdivision, and as shown in Figure 7 of
the Application (attached).
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SECTION III. BACKGROUND INFORMATION
Site History
The 42.5-acre property that is the subject of this application was owned by Fred W. Fields for many years
before his death in 2011. It is presently owned by the Fred W. Fields Trust. The current zoning designations
on the property have been in effect for several decades. The industrially zoned portion of the property was
nominally used as part of the Coe Manufacturing facility, located at 7930 SW Hunziker Road, directly across
Wall Street. Although this property was never fully developed, in the late 1960s a rail spur was constructed
along the western edge of the property abutting Wall Street. Beginning in the early 1950s, the southwestern
end of the industrially zoned portion of the property was used as a brick-making facility. Remnants of that
facility still exist, including a concrete foundation. In 2012, the Trust had an on-site horizontal mine shaft,
which was used for clay removal, filled in for safety reasons.A single family home existed on the residentially
zoned portion of the property, but was demolished in 2012. There have been no other uses of the property
during the last 70 or so years.
City of Tigard/Fields Trust Cooperation
The City has worked with Fred Fields over the years with respect to land use issues including acquisition of
property for the Library in the early 2000s and acquisition, with Metro, of adjacent property to the east for
natural resource conservation. This application is the outcome of efforts between the Fields Trust and the
city to unlock the development potential of adjacent upland property, which has remained undeveloped in
the heart of the city. The central problem has been a mismatch between the existing Industrial Park zoning
designation and the slopes on the subject site being unsuitable for industrial development as outlined in
Attachment 2 of the application: Fields Property Development Analysis and Opportunity Study, dated
February 13,2014. The applicant's narrative describes this cooperative effort in detail.
In February 2014, the results of the Development Analysis were shared with the City's Planning Commission
and City Council. Both bodies gave the Trust and staff feedback on the Development Analysis, and
expressed support for the overall direction recommended by that analysis. Both bodies anticipated a follow-
up application from the Trust requesting a comprehensive plan map amendment and zone change consistent
with the Development Analysis recommendations.
Infrastructure Finance Plan
As a follow-up to the Development Analysis, the City applied for and received a grant from the Department
of Land Conservation and Development (DLCD) to prepare an infrastructure finance plan for the Fields
Trust property, as well as the surrounding Wall Street/Hunziker Road industrial area to the west and north.
The purpose of the study was to quantify the need for and appropriate size of public infrastructure in the
area, with the hope of ultimately spurring economic development. The infrastructure study recognized that
not only would the Fields Trust property need significant infrastructure investment, much of the adjacent
industrial property - especially to the west of Wall Street - is substantially underdeveloped and would also
benefit from public infrastructure investment. The infrastructure plan was completed late last year and
continues to inform the City's actions regarding the Wall Street/Hunziker Road area, as well as the Trust's
planning for its property.
Economic Opportunities Analysis Amendment
In March 2015, the City Council adopted an amendment to its 2011 Economic Opportunities Analysis
(EOA) acknowledging that slope was not taken into account as a factor in determining the suitability of
vacant or redevelopable land in the city for industrial uses. Both state law and Metro allow slope to be a
limiting factor in the designation of industrial land. (See OAR 660-009-0015(3)(a)(B) and Metro's 2009 Urban
Growth Report.) This omission resulted in an overstatement of available and suitable industrial land in
Tigard, resulting in a deficit of industrial land supply. The amendment allows industrially zoned properties
with significant slope, like the Fields Trust property, to be rezoned for more feasible uses and highlights the
need, under an efficient land needs scenario, to consider job density in employment land development and
redevelopment.
STAFF REPORT TO THE PLANNING COMMISSION -JULY 20,2015 PUBLIC HEARING
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Site Information and Proposal Description
The proposal is to amend the comprehensive plan map from 37.4 acres of Light Industrial (IL), 3.1 acres of
Professional Commercial (CP), and 2.1 acres of Low Density Residential to 18.3 acres of I fight Industrial and
24.2 acres of Mixed Use Employment (MUE). The proposal would also amend the zoning map from 37.4
acres of Industrial Park (I-P), 3.1 acres of Professional/Administrative Commercial (C-P), and 2.1 acres of
Low-Density Residential (R-3.5) to 18.3 acres of I-P and 24.2 acres of MUE. The application is required to
meet approval criteria set forth in the Tigard Municipal Code (TMC or Municipal Code) Title 18 Community
Development Code.The application is submitted in response to site slopes and other constraints which make
the eastern portion of the site unsuitable for industrial uses. No development plans accompany this land use
application and no specific development plans exist for the majority of the portion of the property subject to
the comprehensive plan map amendment and zone change. The proposed amendment and zone change is
shown in the applicant's figure below.
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Vicinity Information
The site is located south of Hunziker Road and east of Wall Street. The low density residential Rolling
Hills neighborhood borders the subject site to the east. A railroad switching yard abuts the site on the
southwest with a private rail spur running across the subject property adjacent and parallel to Wall Street.
Red Rock Creek flows parallel to Wall Street to the west of Charter Mechanical and the city's Potso Dog
Park located across Wall Street from the subject site. The Hunziker Industrial Core area extends further to
the west from Red Rock Creek to SW Hall Blvd between Hwy 217 and the railroad.
STAFF REPORT TO THE PLANNING COMMISSION -JULY 20,2015 PUBLIC HEARING
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SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TIGARD DEVELOPMENT CODE CHAPTER 18.380:
18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map
Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC
procedure, as governed by Section 18.390.050, using standards of approval contained in
Subsection B below.
A. The Commission shall make a recommendation to the Council on a zone change application
which also involves a concurrent application for a comprehensive plan map amendment. The
Council shall decide the applications on the record as provided by Section 18.390.
The proposed zone change application to change the zoning on the subject site from I-P, C-P, and R-3.5
to MUE also involves a comprehensive plan map amendment from Industrial Park, Professional
Commercial and Low Density Residential to Mixed Use Employment. Therefore, the Planning
Commission shall make a recommendation to Council on the proposed zone change application and
comprehensive plan map amendment.
B. 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 amendment shall be based
on all of the following standards:
18.380.030. B.1
Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
APPLICABLE CITY OF TIGARD COMPREHENSIVE PLAN POLICIES
The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals.
Therefore, consistency with the applicable Comprehensive Plan goals and policies as addressed in this
section of the staff report constitute consistency with the applicable statewide planning goals.
CITIZEN INVOLVEMENT
Goa11.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate
in all phases of the planning process.
The applicant's representative sent out notices to surrounding property owners and neighborhood
representatives, posted a sign on the property, and held a neighborhood meeting on May 6, 2015 in
accordance with the City of Tigard's neighborhood meeting notification process (Application,Attachment
5); as noted in the summary, the primary concerns raised at the meeting were connection to Varns Street
and potential removal of the 50-foot vegetated buffer required by the City under previous land use rules.
In addition, the City mailed notice of the Planning Commission hearing to property owners within 500
feet of the subject site, interested citizens, and agencies, published notice of the hearing, and posted the
site pursuant to TDC 18.390.050 for Type III Procedures. These parties have the opportunity to attend the
Planning Commission hearing and provide testimony.
FINDING: As shown in the analysis above, the proposed comprehensive plan and zone change is
consistent with the applicable Citizen Involvement Goal.
LAND USE PLANNING
Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans
as the legislative foundation of Tigard's land use planning program.
Policy 3. The City shall coordinate the adoption, amendment, and implementation of its land use
program with other potentially affected jurisdictions and agencies.
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Notice and request for comments for the proposed zone change were sent to Department of Land
Conservation and Development (DLCD), Metro, Washington County and Oregon Department of
Transportation (ODOT). ODOT and Metro submitted comments on the proposal,which are included in
the findings of this report,below. This policy is met.
Policy 5. The City shall promote intense urban level development in Metro-designated Centers
and Corridors, and employment and industrial areas.
As shown in the applicant's materials 37.4 acres of subject property is included on Metro's Title 4
Industrial and Other Employment Areas map (January 2014) as a designated Industrial Area. Of this
amount, 17.9 acres would remain in the current I-P zone and 19.4 acres would be changed from Industrial
Area to Employment Area by virtue of a zone change to MUE. Given the unsuitability of the eastern
portion of the property for industrial uses, changing the comprehensive plan and zoning to MUE will
enable the City to promote a more intense urban development of the site. This policy is met.
Policy 6. The City shall promote the development and maintenance of a range of land use types
which are of sufficient economic value to fund needed services and advance the community's
social and fiscal stability.
As stated in the applicant's narrative, the rationale for the map amendments is to allow for a range of
development opportunities on the up-hill portion of the site that would offset the considerable
development costs associated with site grading and public improvement requirements necessary to lead to
industrial uses on the flatter, western portion. Ordinance 15-06 amended the comprehensive plan to
account for the slope constraints on approximately 17 acres of the site that hamper the ability to construct
large-footprint industrial buildings. The industrial uses, by themselves, would not provide sufficient
economic value to fund needed public facilities and services. The costs of developing this constrained
parcel to accommodate industrial activities undermine the potential economic value of the parcel itself as
currently zoned, and have led to it remaining vacant. In combination with the remaining I-P land, the
proposed rezoning to MUE provides a range of land use types which are of sufficient economic value to
fund needed public facilities and services for the site and advance the City's social and fiscal stability. This
policy is met.
Policy 7. The City's regulatory land use maps and development code shall implement the
Comprehensive Plan by providing for needed urban land uses including:
A. Residential;
B. Commercial and office employment including business parks;
C. Mixed use;
D. Industrial;
E. Overlay districts where natural resource protections or special planning and regulatory tools
are warranted; and
F. Public services.
Overall, the site would provide 18.3 acres of industrial land and 24.2 acres of mixed use employment land.
This application would change the plan designation of approximately 19.4 acres from IP to MUE. The
need for industrial land is established in the city's 2011 EOA which indicates that under the Efficient Land
Need Scenario, the City's 20-year demand for vacant industrial is 48 acres and the 20-year supply is 50
acres. Although this action would decrease the industrial land area, there would be no net loss of acreage
designated for employment since the MUE designation accommodates a variety of employment types
some of which are also allowed in the IP zone, such as office use.
The simultaneous designation of 2.1 acres from R-3.5 to MUE would further enhance opportunities for
employment-related development by enlarging the supply of employment lands. In the context of the
City's overall supply of residential land, a reduction of 2.1 acres of low density residential is minimal
compared to the increase in residential capacity permitted in the MUE at 25 units per acre.
The proposed MUE zone permits a number of residential, civic, commercial, and industrial uses not
currently permitted in the C-P zone. Where no residential or industrial uses are permitted in the C-P zone,
the MUE ermits multifamily residential (R-25), light industrial, research and development, and some
warehouse/freight movement. Civic uses are expanded in the MUE to include colleges, schools, and
community recreation. Commercial uses such as commercial lodging, eating drinking establishments and
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sales oriented retail, where limited to a percentage of permitted uses in the C-P, are permitted outright in
the MUE.
On balance the proposal would provide a wider range of uses under the MUE zone suitable for a sloped
site,while limiting several uses currently permitted in the IP zone, such as industrial services and wholesale
sales. The City's regulatory land use maps and development code will continue to implement the
Comprehensive Plan by providing for needed urban land uses. This policy is met.
Policy 14. Applicants shall bear the burden of proof to demonstrate that land use applications are
consistent with applicable criteria and requirements of the Development Code, the
Comprehensive Plan, and when necessary, those of the state and other agencies.
The applicant's narrative provides evidence that the application substantially complies with applicable
criteria of the Statewide Planning Goals, Oregon Administrative Rules, Metro regulations, the Tigard
Comprehensive Plan, and the Tigard Community Development Code. This policy is met.
Policy 15. In addition to other Comprehensive Plan goals and policies deemed applicable,
amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following
specific criteria:
A. Transportation and other public facilities and services shall be available, or committed to be
made available, and of sufficient capacity to serve the land uses allowed by the proposed map
designation.
Analysis of transportation impacts and public facility infrastructure (Application, Attachments 3 and 4)
indicates that the site would have access to infrastructure with sufficient capacity to accommodate
development of the site under existing zoning or proposed zoning, and future development of the site
would improve both Hunziker Road and Wall Street. The Transportation Planning Rule analysis
(Attachment 3) demonstrates that the PM peak trips for uses allowed in the existing and proposed zoning
designations are similar; therefore, imposing a trip cap based on anticipated trip generation allowed in the
current zoning will ensure the amendment has no significant impact on transportation facilities. As
conditioned, this policy is met.
B. Development of land uses allowed by the new designation shall not negatively affect existing or
planned transportation or other public facilities and services.
As noted above, the applicant requests that the city condition the approval of the requested zone change
with a trip cap that does not exceed the total number of automobile trips associated with the most intense
use, a medical/dental office. With a condition of approval implementing a trip cap on the subject site, this
policy is met.
C. The new land use designation shall fulfill a proven community need such as provision of
needed commercial goods and services, employment, housing, public and community services,
etc. in the particular location,versus other appropriately designated and developable properties;
The applicant's Development Analysis and Opportunity Study demonstrates that, due to slope constraints,
the eastern portion of the subject property is constrained for large footprint industrial type development.
The proposed alternative zone, MUE, permits multi-family residential development, which has been the
focus of developer and real estate market interest in the site. The applicant has shown that the physically
constrained portion of the property is more suitable for residential or office development than industrial.
This policy is met.
D. Demonstration that there is an inadequate amount of developable, appropriately designated,
land for the land uses that would be allowed by the new designation;
The proposal is for a change in comprehensive plan designation and zoning for land that is physically
constrained and not appropriate for its existing industrial designation. Given that the current industrial
designation is not appropriate for the site another more suitable designation is required. Under this action
this criterion does not apply since MUE is an appropriate replacement designation but it is not necessarily
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related to whether there is an inadequate amount of MUE designation in other areas. This criterion does
not apply.
E. Demonstration that land uses allowed in the proposed designation could be developed in
compliance with all applicable regulations and the purposes of any overlay district would be
fulfilled.
The applicant states uses allowed in the MUE zone can be arranged and clustered to fit into the site
topography rather than requiring mass grading to create the large, flat sites that would be necessary for
industrial uses. Subsequent Planned Development, Conditional Use and/or Site Development Reviews
would ensure development would comply with all applicable development code regulations. The subject
site is not currently designated with any overlay zones such as historic (HD) or planned development
(PD). This policy is met.
F. Land uses permitted by the proposed designation would be compatible, or capable of being
made compatible,with environmental conditions and surrounding land uses.
The applicant's Development Analysis and Opportunity Study identifies site constraints that any
development would need to address. Constraints include slope and configuration of site, slope of
Hunziker, Wall Street TSP classification and rail spur, wetlands, trees, limited access, and noise from the
railroad switching yard. Surrounding land uses include low density sing-family attached and detached
residential and industrial uses. The range of uses permitted in the MUE zone would require Conditional
Use and/or Site Development Review to ensure development would comply with all applicable
development code regulations and be compatible with surrounding land uses.
However, the complexity of the site characteristics including environmental conditions and surrounding
land uses suggests a process that provides flexibility in site design to maximize the opportunities and
mitigate for the constraints of the site and surrounding, land uses. Use of the Planned Development
overlay zone is the be the best way to ensure'permitted uses in the MUE zone are compatible, or are
capable of being made compatible, with environmental conditions and surrounding land uses. This is
demonstrated through the purpose statement of the Planned Development section of the Development
Code:
18.350.010 Purpose
A. The purposes of the planned development overlay.zone are:
1. To provide a means for property development that is consistent with Tigard's Comprehensive Plan through the application
of flexible standards which consider and mitigate for the potential impacts to the city;and
2. To provide such added benefits as increased natural areas or open space in the city, alternative building designs, walkable
communities, preservation of significant natural resources, aesthetic appeal, and other types of assets that contribute to the
larger community in lieu of strict adherence to many of the rules of the Tigard Community Development Code;and
3. To achieve unique neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative
transportation facilities) which will retain their character and city benefits, while respecting the characteristics of existing
neighborhoods through appropriate buffering and lot si. e transitionzng;and
4. To preserve to the greatest extent possible the existing landscape features and amenities (trees, water resources, ravines, etc.)
through the use of a planning procedure (site design and analysis,presentation of alternatives, conceptual review, then detailed
review)that can relate the type and design of a development to a particular site;and
5. To consider an amount of development on a site, within the limits of density requirements, which will balance the interests
of the owner, developer, neighbors, and the city;and
6. To provide a means to better relate the built environment to the natural environment through sustainable and innovative
building and public facili0 construction methods and materials.
A planned development overlay on the proposed MUE zone would best ensure development's
compatibility with site conditions.With a condition requiring the PD overlay,this policy is met.
G. Demonstration that the amendment does not detract from the viability of the City's natural
systems.
The subject site contains jurisdictional wetlands in the northwest area of the site, steep slopes along the
southern edge of the site, and lower value significant habitat designation on the uplands portion of the site
The applicant has proposed accepting a condition of approval on the zone change requiring a 50-foot
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forested buffer along the eastern boundary of the site, which would support the habitat values of the site.
Staff suggests that the applicant alternatively provide the buffer by recording a buffer easement on the lot
line-adjusted parcel containing the boundary. As identified in the planned development purposes above,
the planned development standards are designed to balance environmental resource protection with
context sensitive site design. This policy is met.
Policy 16. The City may condition the approval of a Plan/Zoning map amendment to assure the
development of a definite land use(s) and per specific design /development requirements.
The applicant has determined that due to extraordinary development costs, the flatter western portion of
the site (which would continue to maintain I-P zoning) is only likely to develop if the steeper eastern
portion can also be developed with some mix of employment and/or residential use. Knowing that staff is
interested in ensuring job capacity on the subject site, the applicant respectfully requests that the City allow
any permitted use in the MUE zone rather than restricting the site to a specific land use. The applicant
cites the importance of flexibility in response to ever-changing market conditions in support of this
request.
Staff finds, consistent with findings in the amended 2011 EOA, that slope constraints reduce the subject
site's suitability for some large-footprint industrial uses, but that there is potential for employment use of
slope-constrained sites. The city's limited inventory of buildable lands highlights the need to consider job
density in employment land development and redevelopment within an efficient land needs scenario.
Although the city supports opening the development potential of the whole site with the proposed zone
change to MUE of the slope constrained portion of the site, it also must protect its employment capacity,
which can best be managed through the planned development review process.
Therefore, staff recommends a condition of approval to ensure the area of the subject property zoned
MUE provides a minimum of 280 non-retail jobs to preserve employment land capacity and application of
the PD overlay to provide a deliberate process that balances the interests of the owner, developer,
neighbors,and the city.
FINDING: As shown in the analysis above, the applicable Land Use policies have been met. Staff
recommends the Planning Commission recommend to City Council a condition of
approval requiring a definite land use (employment, 280 non-retail jobs) and a Planned
Development Overlay be applied to allow for specific design/development requirements
in order to meet the applicable Land Use policies.
ECONOMIC DEVELOPMENT
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
Policy 3. The City's land use and other regulatory practices shall be flexible and adaptive to
promote economic development opportunities, provided that required infrastructure is made
available.
The applicant states that industrial development by itself is not able to economically offset the high cost of
on-site grading costs, public improvements to abutting streets, and utility extensions. MUE rates of return
would allow the high infrastructure costs associated with the development of this property to be financed
by the development itself. The intent of the proposed comprehensive plan amendment and zone change is
to create flexibility that generates job-creating development in the City. This policy is met.
Policy 5. The City shall promote well-designed and efficient development and redevelopment of
vacant and underutilized industrial and commercial lands.
The applicant states that under the current zoning, the site has remained undeveloped for many years due
to the development constraints outlined in Section II of the Fields Property Development Analysis. The
proposal would respond to market conditions by allowing a mix of uses on the eastern portion while
preserving the western portion for industrial employers. The proposed zone change would allow a more
efficient use of employment land than the current underutilized condition.
Well designed and efficient development can be assured through the deliberative planned development
process that provides flexibility in site design and such added benefits as increased natural areas or open
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space in the city, alternative building designs, walkable communities, preservation of significant natural
resources, aesthetic appeal, and other types of assets that contribute to the larger community in lieu of
strict adherence to many of the rules of the Tigard Community Development Code. This policy is met.
Policy 6. The City shall promote actions that result in greater, more efficient, utilization of its
Metro-designated Employment and Industrial Areas.
Metro's Title 4 Industrial and Other Employment Areas map (January 2014) shows the I-P-zoned parcels
of the subject site (totaling 37.4 acres) as Industrial Areas. The proposed zone change affecting the site
would convert approximately 19.4 acres of land from I-P to MUE. The evidence in the application shows
that despite relatively high demand for light industrial land and low supply, this site has not developed for
light industrial use and is unlikely to do so in the future because of its unsuitable site characteristics and
development constraints. The applicant states that the MUE zoning on the eastern portion allows the site
to be developed with some combination of employment and multifamily workforce housing use and
allows the site to be developed in a more flexible way. Development allowed under the MUE zone will
help create a stronger, more diversified, and sustainable development on this site, which in turn will help
the local economy. Provided the MUE zone is indeed developed with mixed uses, including employment,
the re-zone will promote greater, more efficient, utilization of Metro-designated employment and
industrial lands. This policy is met.
Policy 7. The City shall limit the development of retail and service land uses in Metro-designated
industrial areas to preserve the potential of these lands for industrial jobs.
The proposed zone change affecting the site would convert approximately 19.4 acres of land from I-P to
MUE. In accordance with Metro Tide 4, Section 3.07.430, Tigard's Community Development Code limits
the size and scope of commercial retail uses within the I-P zone (Table 18.530.1, Note 2). In accordance
with Metro Title 4, Section 3.07.440, Tigard's Community Development Code limits the size and scope of
commercial retail uses within the MUE zone (Table 18.520.1, Note 22). Approval of the proposed
comprehensive map amendment would functionally convert 19.4 acres of the site into a Title 4
Employment Area from a Tide 4 Industrial Area, where commercial retail uses are restricted, consistent
with the purpose of Title 4 to protect a supply of sites for employment. This policy is met.
Policy 12. The City shall assure economic development promotes other community qualities, such
as livability and environmental quality that are necessary for a sustainable economic future.
The proposed MUE rezone should unlock the development potential of the site. The city can assure
economic development promotes other community qualities, such as livability and environmental quality
by placing a PD overlay over the 11IUE zone to provide such added benefits through the planned
development process as increased natural areas or open space in the city, alternative building designs,
walkable communities, preservation of significant natural resources, aesthetic appeal, and other types of
assets that contribute to the larger community in lieu of strict adherence to many of the rules of the Tigard
Community Development Code. This policy is met.
Goal 9.3: Make Tigard a prosperous and desirable place to live and do business.
Policy 1. The City shall focus a significant portion of future employment growth and high-density
housing development in its Metro-designated Town Center (Downtown); Regional Center
(Washington Square); High Capacity Transit Corridor(Hwy 99W); and the Tigard Triangle.
The subject site is located outside of the listed plan districts. The disposition of employment and housing
uses across the site should acknowledge the direction of this policy and can best be considered with the
planned development process. This policy is met.
FINDING: As show in the analysis above, the applicable Economic Development policies are
substantially met with application of a condition of approval requiring a PD overlay and a
minimum threshold of employment use within the proposed MUE zone.
HOUSING
Goal 10.1: Provide opportunities for a variety of housing types to meet the diverse housing needs
of current and future City residents.
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Policy 5. The City shall provide for high and medium density housing in the areas such as town
centers (Downtown), regional centers (Washington Square), and along transit corridors where
employment opportunities, commercial services, transit, and other public services necessary to
support higher population densities are either present or planned for in the future (SW Pacific
Hwy).
The proposed zoning designation, MUE, permits "medium high-density" housing at 25 units/acre as an
outright use. There appears to be market support for multi-family housing at this location (Fields
Development Analysis II.2). Multi-family residential use on the subject property has been a key
expectation for development in the proposed MUE zone. However, the subject site is not located in a
town center,regional center or along a transit corridor. Currently, the site does not provide ready access to
employment opportunities, commercial services, transit, or other public services necessary to support
higher population densities. However, the hope is that the rezone will catalyze the transformation of the
area where some of these opportunities and services will become available. The MUE zone allows
commercial uses and staff recommends a condition of approval requiring a minimum job density for the
proposed MUE zoned area. In addition, the city's Public Infrastructure Finance Strategy is likely to lead to
improved street connectivity in the area, and the Southwest Corridor Plan includes new access across 217
connecting SW Beveland with Wall Street, potentially with high-capacity transit service. Staff further
recommends a condition requiring application of the PD overlay concurrently with the MUE zone.
Planned Development Review for future development will create the best opportunity to consider an
amount of development on a site, within the limits of density requirements, which will balance the
interests of the owner, developer,neighbors, and the city.As conditioned, this policy is met.
Goal 10.2: Maintain a high level of residential livability.
Policy 6. The City shall promote innovative and well-designed housing development through
application of planned developments and community design standards for multi-family housing.
The proposed zoning designation, MUE, permits "medium high-density" housing at 25 units/acre as an
outright use. There appears to be market support for multi-family housing at this location (Fields
Development Analysis II.2). Multi-family residential use on the subject property has been a key
expectation for development in the proposed MUE zone. Staff recommends a condition of approval
requiring application of the PD overlay concurrently with the MUE zone. Planned Development Review
for future development will provide such added benefits as increased natural areas or open space in the
city, alternative building designs, walkable communities, preservation of significant natural resources,
aesthetic appeal, and other types of assets that contribute to the larger community in lieu of strict
adherence to many of the rules of the Tigard Community Development Code. In addition a planned
development process can help achieve unique neighborhoods (by varying the housing styles through
architectural accents, use of open space, innovative transportation facilities) which will retain their
character and city benefits, while respecting the characteristics of existing neighborhoods through
appropriate buffering and lot size transitioning. With the PD overlay, the proposed MUE zone will
promote innovative and well-designed housing development.As conditioned, this policy is met.
Policy 7. The City shall insure that residential densities are appropriately related to locational
characteristics and site conditions such as the presence of natural hazards and natural resources,
availability of public facilities and services, and existing land use patterns.
The proposed MUE zone allows for multifamily residential construction at a density of 25 units/acre. The
subject site is distinguished by the hillside location with views out to the west, the resence of a mature
stand of trees that characterizes the hill from views elsewhere in the city, and limited access to the
transportation network and other services to support higher density residential development. As described
above, there are transportation and access improvements being planned for the area. The applicant has
offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect the existing trees
and adjoining low-density residential neighborhood. The range of uses allowed in the MUE zone is more
compatible with the adjoining residential use than the existing I-P zoning due to reduced likelihood of
noise-generating uses and associated traffic impacts. With the PD overlay required as a condition of
approval, the proposed MUE zone can promote innovative and well-designed housing development. As
conditioned, this policy is met.
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Policy 8. The City shall require measures to mitigate the adverse impacts from differing, or more
intense,land uses on residential living environments, such as:
A. orderly transitions from one residential density to another;
B. protection of existing vegetation, natural resources and provision of open space areas; and
C. installation of landscaping and effective buffering and screening.
The applicant has offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect
the existing trees and adjoining low-density residential neighborhood. The range of uses allowed in the
MUE zone is more compatible with the adjoining residential use than the existing I-P zoning due to
reduced likelihood of noise-generating uses and associated traffic impacts.With the PD overlay required as
a condition of approval, the proposed MUE zone can promote innovative and well-designed housing
development.As conditioned,this policy is met.
9. The City shall require infill development to be designed to address compatibility with existing
neighborhoods.
The applicant has offered to provide a 50-foot vegetated buffer along the eastern site boundary to protect
the existing trees and adjoining low-density Rolling Hills residential neighborhood. The range of uses
allowed in the MUE zone is more compatible with the adjoining residential use than the existing I-P
zoning due to reduced likelihood of noise-generating uses and associated traffic impacts. With the PD
overlay required as a condition of approval, development in the MUE zone can support unique
neighborhoods (by varying the housing styles through architectural accents, use of open space, innovative
transportation facilities) which will retain their character and city benefits, while respecting the
characteristics of existing neighborhoods through appropriate buffering. As conditioned, this policy is met.
FINDING: As shown in the analysis above, the applicable Housing policies, as supported by the
recommended condition of approval requiring the PD overlay zone, can be met.
18.380.030.B.2
Demonstration of compliance with all applicable standards of any provision of this code or other
applicable implementing ordinance; and
FINDING: For the purposes of the proposed comprehensive plan amendment and zone change, the
applicant has satisfactorily addressed the applicable Sections of TDC Chapter 18.380,
Zoning Map and Text Amendments. The standards of TDC Chapter 18.390.050 for Type
III-PC procedures are applicable to this proposal, as identified in 18.380.030.The applicant
has submitted an Impact Statement as required under I8.390.050.B.e. The public facilities
impact study is included as Attachment 4 to the application. The applicant concurs with
the requirement to dedicate right-of-way along Hunziker Road and Wall Street in
conjunction with future development. Because no development is being proposed as part
of this application, no right-of-way dedication is warranted at this time. Anticipated uses
include multifamily residential and office. Any proposed development must meet all of the
applicable Tigard Development Code standards in effect at the time an application is
submitted. As shown in the analysis above, the proposed comprehensive map and zone
change amendment complies with the applicable standards of the Tigard Development
Code.
18.380.030.B.3
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.
FINDING: In March of 2015 the City adopted a Post Acknowledgment Plan Amendment to the City
of Tigard's 2011 Economic Opportunities Analysis (Ord 15-06), which 1) acknowledges
that slope was not applied as a development constraint factor in the Inventory of Suitable
Sites (Land Supply), 2) applies slope as a suitability constraint for properties currently
zoned industrial (I-P, I-L, and I-H), and 3) qualifies the Assessment of Potential with
respect to slope constraints. The slopes on the subject property represent the majority of
the lands addressed by the EOA amendment. The EOA amendment provides evidence of
a mistake in the comprehensive plan in support of the proposal comprehensive plan and
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zone change from I-P to MUE. The proposal meets this standard for zone changes.
18.380.030.0 Conditions of approval. A quasi-judicial decision may be for denial, approval, or
approval with conditions as provided by Section 18.390.050. A legislative decision may be
approved or denied.
FINDING: The land use action requested is quasi-judicial as it is limited to specific parcels and does
not apply generally across the city. Therefore, the Planning Commission recommendation
to Council may be for denial, approval, or approval with conditions. Staff has prepared
proposed recommended conditions of approval for the Commission's consideration.
APPLICABLE STATE AND METRO REGULATIONS
OREGON ADMINISTRATIVE RULES
Economic Development
OAR 660 Division 9—Economic Development
660-009-0010 Application
(4) For a post-acknowledgement plan amendment under OAR chapter 660, division 18, that
changes the plan designation of land in excess of two acres within an existing urban growth
boundary from an industrial use designation to a non-industrial use designation, or another
employment use designation to any other use designation, a city or county must address all
applicable planning requirements, and:
(a) Demonstrate that the proposed amendment is consistent with its most recent economic
opportunities analysis and the parts of its acknowledged comprehensive plan which address the
requirements of this division; or
(b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the
requirements of this division; or
(c) Adopt a combination of the above, consistent with the requirements of this division.
FINDING: The City's 2011 EOA compares demand and supply of employment lands to evaluate the
land inventory over a 20-year period. The Analysis indicates that under the Efficient Land
Need Scenario, the City's 20-year demand for vacant employment land is 126 acres (48
acres industrial and 78 acres commercial) and the 20-year supply is 136 acres (50 acres
industrial and 86 acres commercial). This application would change the plan designation of
approximately 19.4 acres from IL to MUE.Although this action would decrease the area of
land with an industrial designation, there would be no net loss of acreage designated for
employment use since the MUE designation accommodates a variety of employment types.
The simultaneous redesignation of two acres from Low Density Residential to MUE would
further enhance opportunities for employment-related development by enlarging the
supply of employment lands. Overall, the site would provide 18.3 acres of industrial land
and 24.2 acres of mixed use employment land.
The City of Tigard's EOA indicates that the City has a surplus of two acres of industrial
land; however, Ordinance 15-06 recognized that the City is "now potentially in deficit for
industrial zoned vacant land." The proposed zone change affecting the site would deplete
the two-acre surplus by converting approximately 19.4 acres of land from I-P to MUE;
however, this depletion would be partially offset by converting 0.4 acres from C-P to I-P.
Taken together, the proposed zone change would need to compensate for the jobs
associated with a net reduction of 17 acres of industrial land. While there is no guarantee
that the site would produce jobs under the existing zoning (as evidenced by the current
lack of development), for the purposes of comparison, employment density assumptions
from the EOA have been used to quantify the number of jobs that could be expected on
17 industrial acres.
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Based on 16.5 industrial jobs per acre (derived from the 794 jobs on 48 industrial acres
identified in the EOA), 17 acres of industrial land would lead to an employment level of
approximately 280 jobs. Approval of the zone change could therefore decrease the City's
employment potential by 280 jobs unless these jobs can be accommodated elsewhere. The
proposed MUE zone permits a variety of employment uses, including office uses, which
are also allowed in the I-P zone. To the extent the proposed MUE zone preserves the
ability to create jobs on the subject site, jobs capacity will not be decreased. To ensure
preservation of jobs capacity, staff recommends a condition of approval that requires 280
non-retail jobs be accommodated on the MUE-zoned portion of the site.
Analysis of Tigard's Comprehensive Plan economic policies, as addressed above in this
report, supports the recommended jobs capacity requirement.
Transportation Planning Rule
OAR 660 Division 12—Transportation Planning
660-012-0060 Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this rule.
A plan or land use regulation amendment significantly affects a transportation facility if it would:
(a) Change the functional classification of an existing or planned transportation facility (exclusive
of correction of map errors in an adopted plan);
(b) Change standards implementing a functional classification system; or
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based on
projected conditions measured at the end of the planning period identified in the adopted TSP. As
part of evaluating projected conditions, the amount of traffic projected to be generated within the
area of the amendment may be reduced if the amendment includes an enforceable, ongoing
requirement that would demonstrably limit traffic generation, including, but not limited to,
transportation demand management. This reduction may diminish or completely eliminate the
significant effect of the amendment.
(A) Types or levels of travel or access that are inconsistent with the functional classification of an
existing or planned transportation facility;
(B) Degrade the performance of an existing or planned transportation facility such that it would
not meet the performance standards identified in the TSP or comprehensive plan; or
(C) Degrade the performance of an existing or planned transportation facility that is otherwise
projected to not meet the performance standards identified in the TSP or comprehensive plan.
[...]
(4) Determinations under sections (1)—(3) of this rule shall be coordinated with affected
transportation facility and service providers and other affected local governments.
FINDING: TPR compliance is demonstrated in Attachment 3 of the application. This analysis
examined the "reasonable worst case" scenario for both the existing and proposed zoning
(note that this scenario assesses high traffic generators allowed under the zoning,regardless
of whether those uses are likely to be built). Attachment 3 analyzes the trip generation
potential of the entire 42.5-acre site as well as the 24.6 acres proposed to receive new
zoning. Figure 3 and Figure 6 depict the existing and proposed zoning, respectively,
illustrating that the zone change area is primarily proposed to be zoned MUE except for a
triangular area near Hunziker Road proposed to be zoned I-P. Development of the eastern
portion of the site (the proposed zone change area) with housing and office uses under the
current zoning would generate on the order of 784 PM peak hour trips. In the zone change
area, if the MUE zone were entirely multifamily housing and the I-P zone office park, trip
generation would be 455 PM peak hour trips (a reduction of 329 trips). In the zone change
area, if the MUE zone and I-P zone were entirely office use, trip generation would be 715
PM peak hour trips (a reduction of 69 trips). In the zone change area,if the MUE zone and
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I-P zone were a combination of general office and medical-dental office use, trip
generation would be 856 PM peak hour trips (an increase of 72 trips). To ensure that the
comprehensive plan amendment and zone change does not significantly affect the
transportation network, the applicant proposes a trip cap based on anticipated trip
generation allowed in the current zoning.As conditioned, this regulation is met.
METRO REGULATIONS
Urban Growth Management Functional Plan
Title 4—Industrial and Other Employment Areas
3.07.410 Purpose and Intent
3.07.420 Protection of Regionally Significant Industrial Areas
3.07.430 Protection of Industrial Areas
3.07.440 Protection of Employment Areas
3.07.450 Employment and Industrial Areas Map
FINDING: Metro's Title 4 Industdzal and Other Employment Areas map (January 2014) shows the I-P-
zoned parcels of the subject site (totaling 37.4 acres) as Industrial Areas. The proposed
zone change affecting the site would convert approximately 19.4 acres of land from I-P to
MUE. In accordance with Section 3.07.430, Tigard's Community Development Code
limits the size and scope of commercial retail uses within the I-P zone (Table 18.530.1,
Note 2). In accordance with Section 3.07.440, Tigard's Community Development Code
limits the size and scope of commercial retail uses within the MUE zone (Table 18.520.1,
Note 22). Approval of the proposed comprehensive map amendment would functionally
convert 19.4 acres of the site into a Title 4 Employment Area from a Title 4 Industrial
Area, where commercial retail uses are restricted, consistent with the purpose of Title 4 to
protect a supply of sites for employment. This regulation is met.
Section 3.07.450 allows the City to amend the use of lands on the Industrial and Other
Employment Areas map based on satisfaction of a number of criteria. With the exception of
a transportation impact analysis addressing regional freight movement for criteria #4, this
site complies with those standards since the property is 1) not surrounded by RSIA or
Industrial Area land;2) the change would increase rather than decrease the acreage devoted
potentially to employment uses; 3) the site is not designated as RSIA; 5) the zone change
would not lead to retail or cultural uses that compete with Central City or Regional or
Town Centers; and 6) the property designated Industrial Area subject to the amendment is
less than 20 acres (namely, 19.4 acres). In addition, as described in Ord 15-06, the eastern
portion of the site is not suitable for industrial uses due to topographic constraints.
Therefore, a Title 4 map amendment from industrial to employment would be indicated, if
supported by a transportation impact analysis.
SECTION V. OUTSIDE AGENCY AND ADDITIONAL CITY STAFF COMMENTS
LCDC, ODOT, Metro, and Washington County were notified and requested to comment on the
subject proposal. Of these agencies, ODOT and Metro provided comment.
Oregon Department of Transportation (ODOT) commented verbally on the proposal taking issue with
the assumptions of the TPR analysis with respect to existing use trip generation. As of the publish date of
this report, written comments have not been received. Condition 3 has been imposed to account for
ODOT's concern and to allow for a revised TPR analysis.
Metro commented on the proposal whose comments are included in the findings in this staff report.
The City of Tigard's Public Works Department reviewed the proposal and commented that they have no
objections to the proposal.
The City of Tigard's Development Review Engineer reviewed and accepted the TPR analysis prepared
by MacKenzie dated May 11,2015.
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SECTION VI. STAFF ANALYSIS, CONCLUSION, AND RECOMMENDATION
ANALYSIS:
Zone Change Request
The proposed Mixed Use Employment Comprehensive Plan designation of the eastern portion of the site
will allow development types which can better accommodate slope constraints while also reducing
potential conflicts between uses on the subject property and abutting residential development. The
proposed zone change, primarily from I-P to MUE, has the potential to increase economic development
in Tigard by properly accounting for development economics applicable to the different portions of the
site.
Outstanding Issues
Planned Development Overlay Zone.
The complexity of the subject site's characteristics (Fields Property Development Analysis and
Opportunity Study) including environmental conditions and surrounding land uses suggests a process that
provides flexibility in site design to maximize the opportunities and mitigate for the constraints of the site
and surrounding land uses. Use of the Planned Development overlay zone is the best way to ensure
permitted uses and development design in the MUE zone are compatible with existing development and
include the required employment capacity. (Condition 1)
Protect Employment Capacity. The applicant cites the importance of maintaining flexibility in response
to ever-changing market conditions to support a request that the City allow any permitted use in the MUE
zone rather than restricting the site to a specific land use. However, the city wishes to ensure employment
capacity is maintained within mixed use zones and recommends requiring as a condition of approval a
minimum job density on the proposed MUE portion of the site. (Condition 2)
Transportation Planning Rule compliance. The applicant proposes limiting trip generation of future
uses permitted in the MUE zone to that allowed under the existing zoning, as shown in the Mackenzie
TPR analysis dated May 11, 2015 (or as amended), to avoid a significant effect finding. The city will
require a trip cap to limit future development to existing trip generation rates. Transportation analyses
required with new development applications must be consistent with the trip cap limitation. (Condition 3)
Rolling Hills Buffer. The applicant proposes accepting a condition of approval of the zone change
requiring a 50-foot buffer between the proposed MUE zone and the existing R-3.5-zoned Rolling Hills
development to the east (Application, Figure 7, page 15). The buffer was an artifact of the previous
Comprehensive Plan, which is no longer in effect, to buffer potentially allowed industrial uses from the
existing residential uses. However, the applicant's willingness to accept a condition acknowledges that a
buffer remains important to the livability of the Rolling Hills neighborhood even with more intense
commercial uses permitted under the MUE zone. (Condition 4)
In lieu of a condition of approval with this zone change, the Fields Trust may otherwise record in advance
of the Council hearing an easement, restrictive covenant or similar instrument to ensure a 50-foot wide
vegetated buffer is placed on the subject property for the benefit of the city.
Metro's Title 4 compliance. The city will request an amendment of Metro's Tide 4 map for the MUE
zoned portion of the site from industrial to employment based on the suitability analysis of the subject site
contained in the city's amended 2011 EOA.
CONCLUSION:
Based on the foregoing findings and analysis, staff finds that the proposed comprehensive plan map and
zone change amendments are consistent with applicable provisions of the Tigard Comprehensive Plan,
Tigard Development Code, statewide planning goals and the Transportation Planning Rule, and provides
evidence of a mistake in the comprehensive plan (City of Tigard 2011 Economic Opportunities Analysis
(BOA) as it relates to the property which is the subject of the development application. To ensure
consistency, staff recommends certain conditions of approval.
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RECOMMENDATION:
Staff recommends that the Planning Commission recommend to City Council approval of the proposed
comprehensive plan map and zone change amendments with recommended conditions of approval and
any others conditions the Commission and Council deem appropriate through the public hearing process.
de4..„.„7
` July 13, 2015
PREPARED BY: G,ry Pagenstecher DATE
Associate Planner
July 13, 2015
APPIV D BY: Tom McGuire DATE
Assistant Community Development Director
Exhibits
A. Proposed Comprehensive Plan Designation
B. Proposed Zoning
C. Figure 7, 50-foot Buffer
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PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 1 OF 55
Agenda Item: 6
Hearing Date: June 20, 2015 Time: 7:00PM
SECTION I. APPLICATION SUMMARY
FILE NAME: RIVER TERRACE NORTHWEST PLANNED DEVELOPMENT
CASE NOS.: Planned Development Review (PDR) PDR2015-00005
Subdivision (SUB) SUB2015-00008
Sensitive Lands Review (SLR) SLR 2015-00006
Temporary Use Permits (TUP) TUP 2015-00024-31
REQUEST: The applicant requests a 215-unit planned development with concurrent concept and
detailed plan review, subdivision review, sensitive lands review for impacts to a
drainageway, and temporary use permits for seven model homes and one sales office on
41.61 acres. The applicant requests deferral of compliance with the provision of
adequate public facilities until final plat approval.
CO-APPLICANT: Polygon Northwest Company
c/o Fred Gast
109 E 13th Street
Vancouver, WA 98660
CO-
APPLICANT:
West Hills Development
c/o Dan Grimberg
735 SW 158th Avenue
Beaverton, OR 97006
APPLICANT’S
AGENT
Pacific Community Design, Inc.
c/o Stacy Connery
12564 SW Main Street
Tigard, OR 97223
OWNERS: WalDen Holding Corp.
c/o West Hills Development
735 SW 158th Avenue
Beaverton, OR 97006
Arbor Road LLC
c/o West Hills
Development
735 SW 15th Avenue
Beaverton, OR 97006
LOCATION: West side of SW Roy Rogers Road and south of SW Scholls Ferry Road; Washington
County Tax Map 2S106, Tax Lots 01500, 01600, 01800 and 01801.
ZONE/
COMP PLAN
DESIGNATION: R-7: medium-density residential district. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or without
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = 10/21/2015
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 2 OF 55
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.
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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.350, 18.390, 18.430, 18.510, 18.660, 18.705,
18.715, 18.725, 18.745, 18.765, 18.775, 18.785, 18.790, 18.795 and 18.810.
SECTION II. STAFF RECOMMENDATION
Staff recommends that Planning Commission find that the proposed Planned Development Concept Plan, Detailed
Plan, Subdivision, Sensitive Lands Review, and Temporary Uses will not adversely affect the health, safety and welfare
of the City and meet the Approval Standards as outlined in Section VI this report. Therefore, Staff recommends
APPROVAL, subject to the following Conditions of Approval. Staff further recommends that the request to defer
compliance with Section 18.660.030.B to final plat approval be granted.
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 3 OF 55
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the Community Development Department Attn: Gary
Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required
information is found:
1. Prior to any site work, the project arborist shall perform a site inspection for tree protection measures,
document compliance/non-compliance with the urban forestry plan and send written verification with a
signature of approval directly to the city manager or designee within one week of the site inspection.
2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection
measures during periods of active site development and construction, document compliance/non-
compliance with the urban forestry plan and send written verification with a signature of approval directly to
the project planner within one week of the site inspection.
3. Prior to any site work, the applicant shall provide a fee in the amount of $12,139 for the city’s cost of
collecting and processing the inventory data for the entire urban forestry plan of 7 retained open grown
trees, 415 planted trees, and one stand of trees ($151 first tree + $11,788 ($28 x 421) + $200= $12,139).
4. Prior to any site work, the applicant shall provide a tree establishment bond in the amount of $207,915 (415
planted trees x $501/tree).
5. Prior to any site work, the applicant shall submit a revised soil volume plan to demonstrate the soil volume
standard is met.
6. Prior to any site work, the applicant shall obtain annexation approval from Washington County and Metro
for extension of the Clean Water Services District and Metro Service District boundaries, respectively, to
include the subject property.
7. Prior to any site work, the applicant shall submit a written deferral agreement in a form satisfactory to the
City that meets the requirements of 18.660.030.C.2.b.
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for review and approval:
8. Prior to commencing site improvements, a Public Facility Improvement (PFI) permit is required for this
project to cover all infrastructure work 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.tigard-or.gov).
9. Prior to commencing onsite improvements, a Washington County Facilities Permit is required for this
project to cover all infrastructure work and any other work in the public rights-of-way of Roy Rogers Road
and Scholls Ferry Road. The applicant shall comply with the recommended conditions by Washington
County LUT, dated July 7, 2015.
10. Prior to commencing site improvements, submittal of 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
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 4 OF 55
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.
11. Prior to commencing site improvements, 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.
12. Prior to commencing site improvements, the Applicant’s City of Tigard Public Facility Improv ement 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. Local streets shall be designed and constructed to local street standards.
Requirements prior to commencing site improvements for specific streets are as follows:
The applicant’s Washington County Facilities Permit construction drawings shall indicate that full half-
street improvements, meeting county and city standards, shall be constructed along the Roy Rogers and
Scholls Ferry Road frontages, with a ROW dedication providing 102 feet from centerline, 5 foot planter
strip, 8 foot sidewalk. The drawings will provide for ROW dedication, show improvements in plan view
and will provide the approved x-section. Construction level drawings for Roy Rogers Road will be
deferred to a development agreement that will allow for the development of a Washington County-City
of Tigard MSTIP project.
SW Satsuma and Sabrina Avenues, Neighborhood Routes, shall be shown to have:
- Right-of-way dedication of 58 feet
- Pavement width of 36 feet curb to centerline
- Pavement section as required by local street standards
- Concrete curb or curb and gutter as needed
- Storm drainage
- 5-foot sidewalk with 5-foot planter strip
- Street trees, lighting, striping, signs
- Traffic control devices
SW Forest Hollow Street, SW Shadow Trail Street, SW Amelia Street, SW Clementine Street, SW
Pumpkin Valley Terrace, SW Apple Grove Terrace, SW Holly Ridge Lane and a portion of SW Beach
Plum Terrace, skinny local streets shall be shown to have:
- Right-of-way dedication of 50 feet
- Pavement width of 28 feet curb to centerline
- Pavement section as required by local street standards
- Concrete curb or curb and gutter as needed
- Storm drainage
- 5-foot sidewalk with 5-foot planter strip
- Street trees, lighting, striping, signs
- Traffic control devices
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 5 OF 55
SW Aubergine Terrace and SW Beach Plum Terrace, local streets shall be shown to have:
- Right-of-way dedication of 54 feet
- Pavement width of 32 feet curb to centerline
- Pavement section as required by local street standards
- Concrete curb or curb and gutter as needed
- Storm drainage
- 5-foot sidewalk with 5-foot planter strip
- Street trees, lighting, striping, signs
- Traffic control devices
13. Prior to commencing site improvements, the applicant shall revise proposed alleys for Lots 1-8 and 45-51 to
be private streets.
14. Prior to commencing site improvements, sanitary sewer and storm drainage details shall be provided to the
city for review and approval as part of the PFI permit plans. Calculations and a topographic map of the
storm drainage basin and sanitary sewer service area shall be provided as a supplement to the PFI permit
plans. Calculations shall be based on full development of the serviceable area. The location and capacity of
existing, proposed and future lines shall be addressed.
15. Prior to commencing site improvements, the Applicant shall provide stormwater calculations for the water
quality and quantity facility using the TRUST Model.
16. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public
Facility Improvement (PFI) permit drawings. The plan shall conform to the "CWS Erosion Prevention and
Sediment Control Design and Planning Manual” (current edition) and submitted to City of Tigard with the
PFI plans.
17. Prior to commencing site improvements, 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.
18. The applicant’s plans shall provide a profile of all future street extensions to the west for 300 feet beyond
their west property line with their City of Tigard PFI application.
19. The applicant shall incorporate the recommendations from the submitted geotechnical report by HGSI,
Inc., dated April 27, 2015, 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.
20. 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.
21. Prior to commencing site improvements, 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.
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 6 OF 55
22. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection
Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City of
Tigard for review. The city will forward plans to CWS after preliminary review.
23. Prior to commencing site improvements, the Applicant shall obtain a 1200-C General Permit issued through
the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act.
24. Prior to construction, the applicant’s engineer shall submit construction plans that show they will install an
16-inch water distribution line from Roy Rogers Road along the frontage to the south end of the frontage.
The applicant’s engineer shall also provide an engineer’s estimate for the 16-inch line. The estimate must
clearly show the difference in cost to upsize this line from 12-inch to 16-inch.
25. Prior to commencing site improvements, any extension of public water lines shall be shown on the
proposed Public Facility Improvement (PFI) permit construction and shall be reviewed and approved by the
City as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system
cost will be assessed prior to approval of the City of Tigard’s PFI permit.
26. The applicant will be required to provide written approval from Tualatin Valley Fire & Rescue for fire flow,
hydrant placement and access prior to issuance of the City of Tigard’s site permit.
THE FOLLOWING CONDITION SHALL BE MET PRIOR TO FINAL PLAT APPROVAL
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the Community Development Department Attn: Gary
Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required
information is found:
27. Prior to final plat approval, the applicant shall submit a determination in writing by the parks and facilities
division manager regarding dedication of proposed parks, playgrounds or other public uses.
28. Prior to final plat approval and permit issuance of the proposed sales office and model homes, the applicant
shall demonstrate that the following measures are in place:
a. Provision of adequate fire access and water supply, including fire hydrants, as determined by the TVF&R.
b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of
each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model home
lot.
c. Installation of utilities within all streets proposed to serve each model home lot.
d. Provision of adequate parking.
29. Prior to final plat approval, the applicant shall provide authorization, binding its successors and assigns, for
the city to enter the property and take such actions as are necessary to demolish and remove any temporary
sales office or model home that has been declared a nuisance. The applicant shall post a performance bond
in favor of the city in an amount designated in the temporary use approval as a reasonable estimate of the
cost sufficient for this purpose. The bond shall be released upon final plat approval.
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for review and approval:
30. Prior to final plat approval, the applicant shall pay an addressing fee in the amount of $11,600. (STAFF
CONTACT: Karleen Aichele, 503-718-24677).
31. 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).
32. 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
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 7 OF 55
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 (Greg Berry) prior to
approval of the final plat.
33. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a
homeowner’s association.
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 Community Development Department Attn: Gary
Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required
information is found:
34. Prior to issuance of building permits, the applicant shall provide elevation drawings showing that along the
vertical face of single-family attached and multiple-family structures, offsets occur at a minimum of every 30
feet by providing any two of the following: a) Recesses, e.g., decks, patios, entrances, floor area, of a
minimum depth of eight feet; b) Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth
of eight feet, a maximum length of an overhang shall be 25 feet; and c) Offsets or breaks in roof elevations
of three or more feet in height.
35. At the time of building permit application submittal, the applicant shall submit plans and elevations
demonstrating that each single family dwelling unit is designed and constructed to conform to the applicable
design standards in 18.660.070.I.
36. Unless expressly provided otherwise in this approval, this proposed development is conditioned on the
applicant fully complying with the plans, specifications and commitments set forth in its Application dated
received by the city June 23, 2015 and all related submittals.
Submit to the Engineering Department (Kim McMillan, 503-718-2642) for review and approval:
37. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a paper
copy of the recorded final plat.
38. Prior to commencing site improvements, the applicant will be required to meet Tualatin Valley Fire &
Rescue fire flow, hydrant placement and access requirements , as stated in a January 15, 2015 letter.
39. Prior to final plat approval, the applicant’s engineer shall provide post-construction intersection sight
distance certification for the new intersections.
40. Prior to issuance of building permits, the applicant shall submit and obtain approval of a construction access
and parking plan for the home building phase.
41. Prior to issuance of building permits, the applicant shall submit a final Site Distance Certification.
42. Prior to issuance of building permits, 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 (per ORS 92.050). 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.
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 8 OF 55
By random traverse using conventional surveying methods
Final plat application submission requirements are as follows:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Oregon and the necessary data or narrative.
Final plat and data/narrative shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.050), Washington County, and by the City of Tigard.
Final plat shall show the right-of-way dedication for all public streets.
Subdivision plats will include signature lines for City Engineer and Community Development
Director
Partition plats will include a signature line City Engineer.
NOTE: Washington County will not begin their review of the final plat until they receive notice from
the City of Tigard Engineering Department indicating that the City has reviewed the final plat and
submitted comments to the Applicant’s surveyor.
B. Submit a check in the amount of the current final plat review fee (Contact Planning/Engineering
Permit Technicians, at 503-718-2421).
43. 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 streets shall be fully paved, 3) any off-site street
and/or utility improvements are substantially completed, and 4) all public 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).
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. The pump station must be fully operational
and the sewer main connected to the development prior to issuance of building permits.
45. The applicant shall bond for construction of the improvements along their Roy Rogers frontage in
accordance with a development agreement with the City of Tigard if an MSTIP project is not approved and
funded prior to issuance of building permits. Release of 50% of the building permits will be allowed with
the bonds in place. The construction of the Roy Rogers improvements must be underway, by the applicant
or through an MSTIP project, before release of the remaining 50% of the building permits.
46. Prior to issuance of building permits, the applicant shall submit as-built drawings 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). As-built submittal shall
include an Acrobat (***.pdf) file, one 11x17 paper copy and the electronic point file as state above and
shown in the example below.
Excel spreadsheet/point database file example:
“Feature”; “Type”; “XCOORD”; “YCOORD”; “ZCOORD”:
“SSMH02”; “MH”; “7456892.234”; “6298769.879”; “192.45”
“WV03”, “WV”, “7456956.654”, “6298723.587”, “214.05
47. Prior to issuance of occupancy, obtain a finaled Washington County Facility Permit. Contingent upon the
following:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF OCCUPANCY:
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 9 OF 55
A. The road improvements completed to County standards.
B. Upon completion of necessary improvements, submit final certification of adequate sight distance in
accordance with county code, prepared and stamped by a registered professional engineer.
18.430.080 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the
Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all required
improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within the period specified, the City
may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide
for the construction of the improvements in stages and for the extension of time under specific conditions therein
stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance
supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State
of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which
remains in force until the surety company is notified by the City in writing that it may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil
engineer, to assist the City Engineer in calculating the amount of the performance assurance. The subdivider shall
not cause termination of nor allow expiration of said guarantee without having first secured written authorization
from the City.
18.430.100 Filing and Recording:
Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures
of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data
or narrative.
The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-
of-way shall be monumented before the City accepts a street improvement. 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.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE
FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT
CODE; THIS IS NOT AN EXCLUSIVE LIST:
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 10 OF 55
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 of public streets. 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 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 PLANNED DEVELOPMENT APPROVAL SHALL BE VALID FOR 7 YEARS
FROM THE EFFECTIVE DATE OF THIS DECISION
PDR2015-00005/SUB2015-00008/SLR2015-00006 – RIVER TERRACE NORTHWEST PD PAGE 11 OF 55
SECTION III. BACKGROUND INFORMATION
Site History and Vicinity Information:
The subject site consists of Tax Lots 1500, 1600, 1800, and 1801 on Tax Map 2S1W06, located west of SW Roy
Rogers Road and South of SW Scholls Ferry Road within the River Terrace Community Plan area. The site includes
two zones: R-7 and R-12. The site is currently in agricultural use with one single family residence. The site abuts rural
agricultural land to the east and south that is within the River Terrace Plan District, and abuts rural agricultural land
to the west and north that is not within the River Terrace Plan District.
Proposal Description:
The Applicant requests approval of a 215-unit single-family residential Planned Development and Subdivision
on a 41.61-acre site. The request includes both Concept Plan Review and Detailed Development Plan Review of the
Planned Development. The proposed development includes 152 detached single-family homes and 63 attached
single-family row homes, a 1.72 AC neighborhood park, a 0.56 AC pocket park, open space tracts for the
preservation of an on-site drainageway, wetlands and vegetated corridor in the southeastern portion of the site, a
detention pond, a landscape buffer along Roy Rogers Road and smaller landscaped tracts along the row homes. The
proposed lot sizes and setbacks are modified throughout the Planned Development Standards.
The proposed development includes a segment of a north-south neighborhood route through the center of the site,
shown on the River Terrace Community Plan, and the use of local residential skinny street options, private alleys, and
private streets. Additional right-of-way dedication and frontage improvements will be provided along existing arterial
street Roy Rogers Road. West Hills originally proposed interim access to SW Roy Rogers Road in the location
labeled on the preliminary plat (Sheet 6.2) until the ultimate connection through a neighborhood route collector in
West River Terrace to the south is complete. It is unclear whether the interim access will be necessary with both
River Terrace Northwest and West being developed by Polygon, or even allowed by Washington County.
In addition, an optional swim center and community building is proposed within the neighborhood park area. It is
unclear how this option is to be exercised.
The application includes Sensitive Lands Review for the proposed vegetated corridor impacts (drainage way) on
the southern portion of the site.
The application includes a request for Temporary Use Permits for 7 model homes and a sales office in a modular
building (temporary).
The applicant also requests early grading only authorization, which is not a part of this land use review, but is
authorized administratively through Engineering review.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
The applicant held formal neighborhood meetings on February 18, 2015 (with West Hills) and again on June 17,
2015 with Polygon as the co-applicant with an amended proposal. Three interested parties attended. Neighbor
concern focused on drainage, street improvements and traffic, sewer alignment, and the development schedule.
June 23, 2015 the city sent notice of a pending land use action to neighboring property owners within 500 feet of
the subject site boundaries. The City received one written comments by the publish date of this staff report from
Marsha Lancaster who owns the adjacent 31 acres to the west of the subject development site in unincorporated
Washington County. She requested clarification on the proposed Satsuma Avenue, fencing along her property given
the agricultural use of her property, and whether her driveway access on Scholls Ferry Rd. would be affected.
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RESPONSE:
The plans include 3/4 street improvements to Satsuma, which includes the full paved width curb to curb, and
sidewalk and planter strip only on the east side. Completion of the street would occur with development of the
adjacent property, at some point in the future. The street will empty onto Scholls Ferry Rd. with full access,
potentially with a light. The adjacent property driveway should probably be connected to Satsuma across from the
proposed SW Forest Hollow Street, about 150 feet from Scholls Ferry Rd. The fence may be the existing fence or a
cattle fence located on the property, if there is not one now.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The following summarizes the criteria applicable to this decision in the order in which they are addressed:
18.350 Planned Developments
18.430 Subdivisions
18.510 Residential zoning districts
18.660 River Terrace Plan District
18.705 Access, Egress and Circulation
18.715 Density Computations
18.725 Environmental Performance Standards
18.745 Landscaping and Screening
18.765 Off-street Parking and Loading Requirements
18.775 Sensitive Lands
18.785 Temporary Uses
18.790 Urban Forestry Plan
18.795 Vision Clearance Areas
18.810 Street and Utility Improvement Standards
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.350 PLANNED DEVELOPMENTS
18.350.020 Process
A. Applicable in all zones. The planned development designation is an overlay zone applicable to all
zones. An applicant may elect to develop the project as a planned development, in compliance with
the requirements of this chapter, or in the case of a commercial or industrial project an approval
authority may apply the provisions of this chapter as a condition of approving any application for
the development.
The applicant proposes to develop the project as a planned development.
D. Concurrent applications for concept plan and detailed plan. In the case of concurrent applications
for concept plan and detailed development plan, including subdivision applications, the applicant
shall clearly distinguish the concept from the detailed plan. The Planning Commission shall take
separate actions on each element of the planned development application (i.e., the concept
approval must precede the detailed development approval); however each required action may be
made at the same hearing.
The applicant is applying for a concurrent review of the planned development concept plan and the detailed
development plan. Preliminary Plans depicting the PD Concept Plan, PD Concept Site Plan and Subdivision
Preliminary Plat are included in Exhibits C-5.2, C-5.3, and C-6.1/6.2, respectively. The applicant’s narrative
addresses the concept plan criteria on pages 7-17. The Commission shall take separated actions, first on the
proposed concept plan, and second on the detailed plan.
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18.350.030 Administrative Provisions
D. Phased development.
1. The commission shall approve a time schedule for developing a site in phases, but in no case shall the total
time period for all phases be greater than seven years without reapplying for conceptual development plan
review.
2. The criteria for approving a phased detail development plan proposal are that:
a. The public facilities shall be constructed in conjunction with or prior to each phase; and
b. The development and occupancy of any phase shall not be dependent on the use of temporary public
facilities. A temporary public facility is any facility not constructed to the applicable city or district standard.
The applicant states that the proposed development may be developed in phases, and that the public facilities will be
constructed with each phase, the development and occupancy of any phase would not be dependent on the use of any
temporary public facilities not constructed to the applicable city or district standard, and the time period for all phases
would not exceed seven years. The applicant requests the approval of an optional phasing plan that contains three
phases, as shown on Application Exhibit C-14. However, the property may be developed in one phase. If the proposed
development is developed in one phase, site construction is expected to be initiated in 2015. Home construction is
expected to be initiated in 2016-2017. If the construction is initiated according to the optional phasing plan, the first
phase will begin site construction in 2015 with home construction expected to be initiated in 2016-2017, the second
phase in 2017-2018, and the third phase in 2018-2019. As described, the phasing plan would meet the criteria for
phasing a planned development so the commission may approve a time schedule for developing the site in phases.
These provisions are met.
18.350.050 Concept Plan Approval Criteria
1. The concept plan may be approved by the commission only if all of the following criteria are
met: The concept plan includes specific designations on the concept map for areas of open
space, and describes their intended level of use, how they relate to other proposed uses on the
site, and how they protect natural features of the site.
The Concept Plan Map (Sheet 5.2) shows specific designations for areas of open space. Open space areas provide
for the preservation of an existing drainage way, wetlands, existing trees, and vegetated corridor in the southern
edge of the site. A neighborhood park is also shown. This criterion is met.
2. The concept plan identifies areas of trees and other natural resources, if any, and identifies
methods for their maximized protection, preservation, and/or management.
The Opportunities and Constraints Plan in Exhibit C-5.1 shows trees and existing natural resources and identifies
methods for their preservation. The site has been designed to preserve existing trees where it is feasible. The site
contains existing trees, most of which are concentrated along the southern site boundary. Most of the trees along
the southern site boundary will be preserved using tree protection fencing during construction and minimizing
grading near the preserved trees. The concept plan includes an area designated for the preservation of an existing
drainageway along the southern portion of the site. This criterion is met.
3. The concept plan identifies how the future development will integrate into the existing
neighborhood, either through compatible street layout, architectural style, housing type, or by
providing a transition between the existing neighborhood and the project with compatible
development or open space buffers.
As shown on the Circulation Plan (Sheets C-9.1 and C-9.2), the street system of the proposed planned development
has been designed so as to provide adequate internal circulation for pedestrians, cyclists, and vehicles within and
through the site. No public or private school sites are located on this site. The site does not abut the River Terrace
Boulevard ROW. The perimeter of blocks formed by streets in the proposed development will not exceed a total of
1,600 feet measured along the centerline of the streets except where street location is precluded by natural
topography, wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector
street along which the city has identified a need to minimize the number of intersections. The site abuts rural
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agricultural land not within the River Terrace Plan District or the UGB to the west. Land to the North is rural
agricultural land within the City of Beaverton. Land to the south and east is within the River Terrace Plan District,
land to the south has been approved for residential development as “West River Terrace”. The attached
Opportunities and Constraints Map (see Exhibit C-5.1) shows existing uses on adjacent properties. The applicant
proposes to position lower density along the west and transition higher density towards the east in order to reduce
impacts to existing rural agriculture land to the west. The concept plan includes an open space tract in the southern
portion of the site to preserve an existing drainageway and existing trees. A landscape buffer is proposed along the
site’s frontage on Roy Rogers Road. The street layout included in the concept plan is designed to conform to the
planned street system, including provision of a neighborhood route connection to the north and south. This
criterion is met.
4. The concept plan identifies methods for promoting walkability or transit ridership, such
methods may include separated parking bays, off street walking paths, shorter pedestrian routes
than vehicular routes, linkages to or other provisions for bus stops, etc.
The proposed development includes methods for promoting walkability through sidewalk improvements along the
street frontage where the site abuts SW Roy Rogers Road and along all streets interior to the development. The
proposed development also includes alleys which provide garages at the rear of homes so that public street
frontages are kept clear of driveways. This not only enhances the pedestrian environment along public street
frontages, but provides ample opportunities for on-street parking in the portion of the project that has higher
densities. The pedestrian paths and transportation system are shown in the attached Concept Plan Map (Sheet C-
5.2).This criterion is met.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the
case of projects that include a residential component, housing type, unit density, or generalized
lot sizes shall be shown in relation to their proposed location on site.
The Concept Plan Map (Sheet 5.2) shows locations of proposed uses, housing types, densities, and general lot size
ranges. The concept plan proposes 215 residential units, including 152 single-family detached homes and 63 single-
family attached row houses. At a gross density of 5.2 units per acre, the concept plan places lower density towards
the west and transitions higher density towards the east in order to reduce impacts to existing rural agricultural land
outside the UGB to the west. This criterion is met.
6. The concept plan must demonstrate that development of the property pursuant to the plan
results in development that has significant advantages over a standard development. A concept
plan has a significant advantage if it provides development consistent with the general purpose
of the zone in which it is located at overall densities consistent with the zone, while protecting
natural features or providing additional amenities or features not otherwise available that
enhance the development project or the neighborhood.
Purposes of the site’s zones as stated in section 18.510 of the Tigard Development Code are:
R-7: medium-density residential district. The R-7 zoning district is designed to accommodate attached single-family homes, detached
single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum
lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
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 permitted conditionally.
The concept plan provides development consistent with the general purpose of the R-7 and R-12 zones in which it
is located. The concept plan places lower density towards the west, adjacent to lands outside the UGB, and
transitions higher density towards the east, adjacent to arterial street Roy Rogers Road and land for higher density
and commercial uses east of Roy Rogers Road. According to the density calculations shown in section 18.715 of this
report, the density range specified for the site according to the site’s zoning is 205-256 units. At 215 units, the
concept plan is consistent with overall densities of the zones in which it is located.
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The concept plan includes protection of natural features to the extent feasible. Most of the trees on the site will be
preserved along the southern edge of the site using tree protection fencing during construction and minimizing
grading near the preserved trees. An existing drainage way on the site will be protected in an open space tract. The
proposed development also includes alleys which provide garages at the rear of homes so that public street
frontages are kept clear of driveways. This not only enhances the pedestrian environment along public street
frontages, but provides ample opportunities for on-street parking in the portion of the project that has higher
densities. These features enhance the development project and would not otherwise be available with the project as
a standard development. This criterion is met.
FINDING: As shown in the analysis above, staff finds that the proposed Concept Plan meets the concept plan
approval criteria.
RECOMMENDATION: Staff recommends the Planning Commission approve the proposed Concept Plan
(Sheet 5.2).
18.350.060 Detailed Development Plan Submission Requirements
C. Compliance with specific development standards. The detailed development plan shall show
compliance with base zone provisions, with the following modifications:
1. Lot dimensional standards. The minimum lot depth and lot width standards shall not apply.
There shall be no minimum lot size except that lots on the perimeter of the project shall not be
less than 80% of the minimum size required in the base zone.
Section 18.660.070.B of the River Terrace Plan District code states that this section does not apply, except to defined
perimeter lots. Section 18.660.070.B is addressed in subsequent sections of this report.
2. Site coverage. The maximum site coverage is 80%, except in the IP zone where the maximum
site coverage shall be 75%. Site coverage includes all buildings and impervious surfaces such as
streets and sidewalks.
Site coverage for lots within the proposed development is included in the Table A below (next page).
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Table A: Proposed Building Dimensions
(See Typical Lot Plans on Sheet 11.1 – 11.2 in Exhibit C)
STANDARD R-7 R-12 Proposed PD
Minimum Lot Size
Detached unit
Attached Unit [1]
5,000 sq. ft.
5,000 sq. ft.
3,050 sq. ft.
1,484 sq. ft.
NA for PD
Average Minimum Lot Width,
Detached units lots
Duplex lots
Attached unit
lots
50 ft.
50 ft.
40 ft.
None NA for PD
Maximum Lot Coverage 80% [2] 80% 80%
Minimum Setbacks
Front yard
Side facing street on corner & through lots
Side yard
Rear yard
Side or rear yard abutting more restrictive zoning
district
Distance between property line and front of
garage
15 ft.
10 ft.
5 ft.
15 ft.
30 ft.
20 ft.
15 ft.
10 ft.
5 ft. [3]
15 ft.
30 ft.
20 ft.
12 ft. (8 ft. front porch)
8 ft. min public street
side, 3 ft. alley/private
street side
0 attached (RH) / 3 ft.
detached
15 ft. detached / 10 ft.
attached (RH)/ 0 ft.
alley or private street
NA except perimeter
20ft front garage on
public street / ≥16 ft.
rear garage for
detached on alley with
driveway parking space
or 3-6’ rear garage for
detached on alley
without driveway
Maximum Height 35 ft. 35 ft. NA for PD except
perimeter which will
meet base zone
Minimum Landscape Requirement 20% 20% 20%
[1] Single-family attached residential units permitted at one dwelling per lot with no more than five attached units in one
grouping.
[2] Lot coverage includes all buildings and impervious surfaces.
[3] Except this shall not apply to attached units on the lot line on which the units are attached.
[4] Governed by the UBC and ensured at time of building permit review
This standard is met.
3. Building height. In residential zones, any increase in the building height above the maximum
in the base zone will require that the structure be set back from the perimeter of the site a
distance of at least 1-1/2 times the height of the building.
The proposed development does not include any increases in the building height above the maximum allowed in the
base zone. Building height is shown on the attached Conceptual Elevations (Applicant’s Exhibit J). This standard is
met.
4. Structure setback provisions:
a. 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;
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Setbacks for structures within the proposed development are included in Table A above and shown on the Typical
Lot Plan (Sheet 11.1/2). This provision is met.
b. The setback provisions for all setbacks on the interior of the project shall not apply except
that:
i. All structures shall meet the Uniform Building and Fire Code requirements;
ii. A minimum front yard setback of 20 feet is required for any garage structure which
opens facing a street. This setback may be reduced for rear or side loaded garages, if
specified on the detailed plan and proper clearances for backing movements are
accounted for;
iii. 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. This setback may be reduced for rear or side loaded
garages, if specified on the detailed plan and proper clearances for backing movements
are accounted for.
The applicant states that all structures in the proposed development will meet the Uniform Building and Fire Code
requirements. The garage setback for attached single family homes is proposed to be 20 feet for garages from a
public street. The garage setback for rear loaded garages from an alley will be 3-6 feet when no driveway parking is
provided or at least 16 feet when driveway parking is allowed from a private alley, as shown on the table above and
on the Site Plan/Typical Lot Plans (Sheets C-11.1/2). The setback provisions are met.
c. If seeking to modify the base zone setbacks, the applicant shall specify the proposed
setbacks, either on a lot by lot, or project wide basis. The commission may require site
specific building envelopes.
Proposed setbacks and requested modification from the base zone setbacks are shown in the applicant’s narrative in
Table A, above, and on the Typical Lot Plan (Sheets 11.1/2). This provision is met.
5. Other provisions of the base zone. All other provisions of the base zone shall apply except as
modified by this chapter.
As shown in the applicant’s preliminary plans and narrative report the proposed development complies with all
other provisions of the R-7 and R-12 base zone, with the modifications listed in the applicant’s Table A and Typical
Lot Plan (Sheet 11.1/2). This provision is met.
FINDING: Based on the analysis above, the detailed development plan is consistent with the applicable base
zone development provisions. These provisions are met.
18.350.70 Detailed Development Plan Approval Criteria
A detailed development plan may be approved only if all the following criteria are met:
A. The detailed plan is generally consistent with the concept plan. Minor changes from the concept
plan do not make the detailed plan inconsistent with the concept plan unless:
1. The change increases the residential densities, increases the lot coverage by buildings or
reduces the amount of parking;
2. The change reduces the amount of open space and landscaping;
3. The change involves a change in use;
4. The change commits land to development which is environmentally sensitive or subject to a
potential hazard; and
5. The change involves a major shift in the location of buildings, proposed streets, parking lots,
landscaping or other site improvements.
The detailed plan is generally consistent with the concept plan and none of the above changes are proposed or
anticipated. This criterion is met.
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B. All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430,
Subdivisions, shall be met if applicable;
All provisions of the subdivision provisions are met and demonstrated in Section 18.430 of this report. This
criterion is met.
C. 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 promotes the purpose of this chapter. In
each case, the applicant must provide findings to justify the modification of the standards in the
chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as
part of these findings and clearly identify where their proposal is seeking a modification to the strict
application of the standards. For those chapters not specifically exempted, the applicant bears the
burden of fully complying with those standards, unless a variance or adjustment has been
requested.
Compliance with the standards of Chapter 18.350.070.C.1-8 is addressed in subsequent sections of this report. The
applicant’s proposal is not seeking modification of any of the standards listed in the section. These criteria do not
apply.
D. In addition, the following criteria shall be met:
1. Relationship to the natural and physical environment:
a. 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
commission may require the applicant to provide an alternate site plan to demonstrate
compliance with this criterion;
The applicant states the streets, buildings and other amenities in the proposed development have been designed so
as to preserve the existing trees, topography and natural drainage to the greatest degree possible. An existing
drainage way on the site will be protected within an open space tract in the southern portion of the site. Most of the
trees on the site will be preserved along the southern edge of the site using tree protection fencing during
construction and grading will be minimized near the trees. As described in the Urban Forestry Plan Supplemental
Report, the 40% tree canopy standard will be met through tree preservation, street tree planting, and tree plantings
in open spaces. Grading on the site will be limited in order to preserve existing topography, as shown on the
Grading Plan (Sheet C-7). As shown on the attached Opportunities and Constraints Map (Sheet C-5.1), the site
slopes southwest and south from a high point northern edge of the site. Grades range from 6%-10% throughout the
entirety of the site with the exception of the existing vegetated corridor and drainage way along the southern portion
of the site which ranges in grade from 10%-30%. The site is proposed to be graded in a manner that will preserve
the naturally gentle slope of the site; some row homes and detached single-family homes will be split level in order
to minimize impacts to the site’s natural topography. This criterion is met.
b. Structures located on the site shall not be in areas subject to ground slumping and sliding as
demonstrated by the inclusion of a specific geotechnical evaluation; and
Proposed structures located on the site are not in areas subject to ground slumping and sliding, as further described
in the geotechnical report in Application Exhibit M. This criterion is met.
c. Using the basic site analysis information from the concept plan submittal, the structures
shall be oriented with consideration for the sun and wind directions, where possible.
The basic site analysis information from the concept plan is shown on the Constraints and Opportunities Map
(Sheet C-5.1). The applicant states that a sun exposure diagram is included in the Opportunities and Constraints
Map and that the development has been designed so that structures are oriented north-south for best sun exposure,
where possible. The O&C Map does not include a sun exposure diagram or any wind force and direction
information. The proposed lower density detached homes on the western portion of the site are oriented
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north/south, while the majority of attached row homes are aligned in an east/west configuration. Although it
appears the lotting plan could be revised to provide southern sun exposure to more units, access and other
considerations must also be considered. Wind is not known to be a significant issue in this area. Therefore, on
balance, this criterion is met.
2. Buffering, screening and compatibility between adjoining uses:
a. Buffering shall be provided between different types of land uses; e.g., between single-family
and multifamily residential, and residential and commercial uses;
b. In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the
buffer may be reduced if a landscape plan prepared by a registered landscape architect is
submitted that attains the same level of buffering and screening with alternate materials or
methods. The following factors shall be considered in determining the adequacy and extent
of the buffer required under Chapter 18.745:
i. The purpose of the buffer, for example to decrease noise levels, absorb air pollution,
filter dust, or to provide a visual barrier;
ii. The size of the buffer needs in terms of width and height to achieve the purpose;
iii. The direction(s) from which buffering is needed;
iv. The required density of the buffering; and
v. Whether the viewer is stationary or mobile.
c. 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:
i. What needs to be screened;
ii. The direction from which it is needed; and
iii. Whether the screening needs to be year-round.
Compliance with buffering standards is addressed in section 18.745 of this report. No specific buffering standards
apply to this site, as no adjoining site has a differing use that would require buffering. The subject site is surrounded
by similarly zoned property to the north, east and south, and rural agricultural uses to the west. Screening standards
do not apply as the site contains no such activities as service areas, storage areas, parking lots and mechanical
devices on roof tops. This criterion is met.
3. Privacy and noise. Nonresidential 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;
No nonresidential structures are proposed that would abut an existing residential development. This criterion does
not apply.
4. Exterior elevations—Single-family attached and multiple-family structures. Along the vertical
face of single-family attached and multiple-family structures, offsets shall occur at a minimum
of every 30 feet by providing any two of the following:
a. Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
b. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
c. Offsets or breaks in roof elevations of three or more feet in height.
Single-family attached units (row homes) are proposed with this project and will include offsets at a minimum of
every 30 feet along the vertical face of the structures. Recesses, or extensions, and/or offsets will be provided on the
row homes (Conceptual Elevations in Exhibit J). The project architect has prepared the Conceptual Elevations and
Design Standards Compliance Matrix (see Exhibit J) based on the standards provided in this section to show
conceptual elevations representative of the product type that Polygon typically builds. They demonstrate that the
housing types Polygon is likely to build in the proposed development will meet the applicable standards. A
condition will ensure these standards are met at the time of building permit site plan review. As conditioned, these
criteria are met.
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5. Private outdoor area—Residential use:
a. Exclusive of any other required open space facility, each ground-level residential dwelling
unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square
feet with a minimum width dimension of four feet;
b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and
c. Private outdoor spaces shall be screened or designed to provide privacy for the use of the
space.
Section 18.660.070.C of the River Terrace Plan District code states that the private outdoor area requirements of
18.350.070.D.5 shall only apply to multifamily development. The proposed development consists of single-family
development within the River Terrace Plan District. Therefore, this section does not apply.
6. Shared outdoor recreation and open space facility areas—Residential use:
a. Exclusive of any other required open space facilities, each residential dwelling development
shall incorporate shared usable outdoor recreation areas within the development plan as
follows:
i. Studio units up to and including two bedroom units, 200 square feet per unit;
ii. Three or more bedroom units, 300 square feet per unit.
b. Shared outdoor recreation space shall be readily observable from adjacent units for reasons
of crime prevention and safety;
c. The required recreation space may be provided as follows:
i. Additional outdoor passive use open space facilities;
ii. Additional outdoor active use open space facilities;
iii. Indoor recreation center; or
iv. A combination of the above.
Section 18.660.070.D of the River Terrace Plan District code states that the shared outdoor recreation and open
space requirements of 18.350.070.D.6 shall only apply to multifamily development. The proposed development
consists of single-family development within the River Terrace Plan District. Therefore, this section does not apply.
7. Access and circulation:
a. The number of required access points for a development shall be provided in Chapter 18.705;
b. All circulation patterns within a development must be designed to accommodate emergency
and service vehicles; and
c. Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such
facilities are shown on an adopted plan or terminate at the boundaries of the project site.
Compliance with the access and circulation standards are addressed in subsequent sections of this report. No
adjustments are requested. This criterion is met.
8. Landscaping and open space—Residential development. In addition to the buffering and
screening requirements of paragraph 2 of this subsection D, and any minimal use open space
facilities, a minimum of 20% of the site shall be landscaped. This may be accomplished in
improved open space tracts, or with landscaping on individual lots provided the developer
includes a landscape plan, prepared or approved by a licensed landscape architect, and surety
for such landscape installation.
As demonstrated in the attached Open Space Planting Plan (Sheet L2.01), a minimum of 20% of the site will be
landscaped in either improved open space tracts or on lots. The proposed development exceeds this with 29.4% of
the site in park / open space tracts. This criterion is met.
9. Public transit:
a. Provisions for public transit may be required where the site abuts or is within a quarter mile
of a public transit route. The required facilities shall be based on:
i. The location of other transit facilities in the area; and
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ii. The size and type of the proposed development.
b. The required facilities may include but are not necessarily limited to such facilities as:
i. A waiting shelter;
ii. A turn-out area for loading and unloading; and
iii. Hard surface paths connecting the development to the waiting area.
c. If provision of such public transit facilities on or near the site is not feasible, the developer
may contribute to a fund for public transit improvements provided the Commission
establishes a direct relationship and rough proportionality between the impact of the
development and the requirement.
The proposed development site does not abut and is not within a quarter mile of a public transit route. This
criterion does not apply.
10. Parking:
a. All parking and loading areas shall be generally laid out in accordance with the
requirements set forth in Chapter 18.765;
b. 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.
Compliance with parking standards are addressed in subsequent sections of this report. The proposed development
will meet the specific parking standards of the River Terrace Plan District, as described in section 18.660.100 of this
report. This criterion is met.
11. Drainage. All drainage provisions shall be generally laid out in accordance with the
requirements set forth in Chapter 18.810. An applicant may propose an alternate means for
stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the
level of treatment will result from the use of such means as green streets, porous concrete, or
eco roofs.
Compliance with drainage standards are addressed in subsequent sections of this report. No alternate means for
stormwater conveyance is proposed and no adjustment is requested. This criterion is met.
12. Floodplain dedication. Where landfill and/or development are 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 is not within or adjacent to the 100-year floodplain. This criterion does not apply.
13. Shared open space facilities. These requirements are applicable to residential planned
developments only. The detailed development plan shall designate a minimum of 20% of the
gross site area as a shared open space facility. The open space facility may be comprised of any
combination of the following:
a. Minimal use facilities. Up to 75% of the open space requirement may be satisfied by
reserving areas for minimal use. Typically these areas are designated around sensitive lands
(steep slopes, wetlands, streams, or 100-year floodplain).
b. Passive use facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for passive recreational use.
c. Active use facilities. Up to 100% of the open space requirement may be satisfied by
providing a detailed development plan for improvements (including landscaping, irrigation,
pathway and other structural improvements) for active recreational use.
d. The open space area shall be shown on the final plan and recorded on the final plat or
covenants.
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The proposed development is located within the River Terrace Plan District. As identified in section 18.660.070.E,
the shared open space facilities criteria of this section do not apply to developments within the River Terrace Plan
District. These criteria do not apply.
14. Open space conveyance: Where a proposed park, playground or other public use shown in a
plan adopted by the city is located in whole or in part in a subdivision, the commission may
require the dedication or reservation of such area within the subdivision, provided that the
reservation or dedication is roughly proportional to the impact of the subdivision on the park
system.
Where considered desirable by the commission in accordance with adopted comprehensive
plan policies, and where a development plan of the city does not indicate proposed public use
areas, the commission may require the dedication or reservation of areas within the subdivision
or sites of a character, extent and location suitable for the development of parks or other public
use, provided that the reservation or dedication is roughly proportional to the impact of the
subdivision on the park system. The open space shall be conveyed in accordance with one of
the following methods:
a. Public ownership. 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. A determination of city acceptance shall be made in writing by the parks &
facilities division manager prior to final approval. Dedications of open space may be eligible
for systems development charge credits, usable only for the proposed development. If
deemed to be not acceptable, the open space shall be in private ownership as described
below.
b. Private ownership. By conveying title (including beneficial ownership) to a corporation,
home association or other legal entity, and granting a conservation easement to the city in a
form acceptable by the city. The terms of the conservation easement must include
provisions for the following:
i. The continued use of such land for the intended purposes;
ii. Continuity of property maintenance;
iii. When appropriate, the availability of funds required for such maintenance;
iv. Adequate insurance protection; and
v. Recovery for loss sustained by casualty and condemnation or otherwise.
The applicant has proposed parks, playgrounds, and other public use open space. Dedication of proposed parks,
playgrounds or other public uses will be completed at the time of final plat submittal as determined in writing by the
parks & facilities division manager prior to final plat approval. As conditioned, these criteria are met.
FINDING: Based on the analysis above, the applicable detailed development plan approval criteria are met, or
have been conditioned to be met. To ensure these standards are met the following condition of
approval shall be applied.
CONDITION:
Prior to issuance of building permits, the applicant shall provide elevation drawings showing that
along the vertical face of single-family attached and multiple-family structures, offsets occur at a
minimum of every 30 feet by providing any two of the following: a) Recesses, e.g., decks, patios,
entrances, floor area, of a minimum depth of eight feet; b) Extensions, e.g., decks, patios, entrances,
floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and
c) Offsets or breaks in roof elevations of three or more feet in height.
Prior to final plat approval, the applicant shall submit a determination in writing by the parks and
facilities division manager regarding dedication of proposed parks, playgrounds or other public uses.
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18.390 DECISION-MAKING PROCEDURES
18.390.050 Type III Procedure
2. Application requirements.
e. 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, including bikeways, the
drainage system, the parks system, the water system, the sewer system, and the noise impacts of the
development. For each public facility system and type of impact, the study shall propose improvements
necessary to meet city standards and to minimize the impact of the development on the public at large,
public facilities systems, and affected private property users. In situations where the community development
code requires the dedication of real property interests, the applicant shall either specifically concur with the
dedication 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.
The applicant’s narrative provides statements satisfactorily addressing the effect of the development on public facilities,
including transportation, drainage, sewer, water, parks, and noise impacts. This requirements is met.
18.430 SUBDIVISIONS
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;
The preliminary subdivision plat (Sheets 6.1 and C-6.2) is in compliance with the specific regulations and standards
of the zoning ordinance, which are addressed in greater detail in this staff report. The proposal either meets, or can
be conditioned to meet, the applicable standards.
2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter
92;
The applicant submitted a plat name reservation from the Washington County Surveyor dated March 4, 2015
certifying the proposed “River Terrace Northwest” plat name. This criterion is met.
3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of
major partitions already approved for adjoining property as to width, general direction and in all
other respects unless the city determines it is in the public interest to modify the street or road
pattern; and
The Circulation Plan (Sheets C-9.1/2) demonstrates that streets internal to the proposed subdivision are laid out to
conform with existing subdivision and partition plats and with the existing road pattern. This criterion is met.
4. An explanation has been provided for all common improvements.
The applicant’s narrative provides an explanation for all common improvements, as required. Specific details of the
proposed improvements are discussed later in this decision under the Street and Utility Improvement Standards;
Section 18.810. This criterion is met.
FINDING: Based on the analysis above, the proposal meets all of the preliminary plat approval criteria for
subdivisions and can be approved.
18.510 RESIDENTIAL ZONING DISTRICTS
18.510.030 Uses
B. Use table. A list of permitted, restricted, conditional and prohibited uses in residential zones is presented
in Table 18.510.1.
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The site includes R-7 and R-12 zones, Low and Medium-Density residential zoning districts. Detached and attached
single-family residential dwelling units are proposed and are a permitted uses in these zones, respectively. The
proposed residential use types are allocated in the zones where they are permitted. This requirement is met.
B. Development standards. Development standards in residential zoning districts are contained in Table
18.510.2.
Compliance with specific development standards for the proposed planned development is shown in Table A in
Section 350.060.C of this report, which identifies the standards proposed to be modified through the planned
development.
FINDING: Based on the analysis above, base zone development standards in the R-7 and R-12 residential zones
have been met or can be modified as requested through the planned development process.
Development standards will be verified at the time of building permit issuance.
18.660 RIVER TERRACE PLAN DISTRICT
18.660.020 Applicability
This chapter applies to all property that is located in the River Terrace Plan District. The boundaries of
the plan district are shown on Map 18.660.A, which is located at the end of this chapter. The standards and
requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of the
Tigard Community Development Code (TCDC). Compliance with all applicable standards and
requirements must be demonstrated in order to obtain development approval. The standards and
requirements in this chapter shall govern in the event of a conflict.
The subject development site is located in the River Terrace Plan District, therefore, this chapter applies. The
standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of
the Tigard Community Development Code (TCDC). Compliance with all applicable standards and requirements
must be demonstrated in order to obtain development approval. The standards and requirements in this chapter
shall govern in the event of a conflict.
18.660.030 Provision of Adequate Public Facilities
A. Intent. The intent of this section is to address the provision of the infrastructure systems necessary to
benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan,
River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property
owners to commence preliminary development prior to full implementation of these plans and with the
understanding that no development rights vest and no development approvals can be granted until the
infrastructure systems are in place or assured.
B. Approval Standard. Land use applications for subdivisions, partitions, planned developments, site
development reviews, and conditional uses may be approved when the applicable standards in subsection
E of this section are met by the applicant and when all of the following funding components of the River
Terrace Funding Strategy have been adopted by the city and are in effect:
1. Transportation. A citywide transportation system development charge (SDC), a River Terrace
transportation SDC, and a River Terrace transportation utility fee surcharge.
2. Sewer. A citywide utility fee surcharge.
3. Stormwater. A River Terrace stormwater utility fee surcharge.
The applicant is requesting deferral of the requirement to demonstrate compliance with the transportation, sewer and
stormwater approval standards of this section, as identified in subsection C, below. The applicant will establish a
Development Agreement with the City to establish alternative schedules for meeting compliance with the criteria in
this section. Compliance will be demonstrated prior to submission of applications for utility or building permits.
C. Deferral of Compliance.
1. The applicant may request to defer demonstrating compliance with one or more of the standards in
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subsections B and E of this section as provided for below:
a. Preliminary Plat. Deferral of compliance to final plat approval.
b. Planned Development Concept Plan (Without a Land Division Proposal). Deferral of compliance to
detailed development plan approval.
c. All Other Development Applications. A condition of development approval requiring demonstration of
compliance no later than 180 days after approval or prior to submission of applications for building or
public facility improvement permits, whichever occurs first.
2. Deferral of compliance as provided for in paragraph 1 of this subsection C shall be granted only if:
a. The applicant demonstrates that the approval standard will likely be met prior to filing an application
for final plat or detailed development plan approval, or prior to expiration of the condition of approval
described in subparagraph 1.c of this subsection C. A determination by the approval authority that it is
likely that the standard will be met shall be for the purposes of deferral only and in no way constitutes an
assurance, guarantee, or other representation that may in any way be relied upon by the applicant; and
b. The applicant executes a written agreement prepared by the city acknowledging that the applicant has
determined that deferral is to its benefit and that any and all actions taken pursuant to or in furtherance of
the approval are at the applicant’s sole and exclusive risk. The acknowledgement shall waive, hold
harmless and release the city, its officers, employees and agents for any and all claims for damages,
including attorney fees, in any way arising from a denial for failure to demonstrate compliance with the
standards in subsection B of this section, without regard to fault. Nothing in this section shall preclude the
applicant from seeking review of any land use decision in accordance with ORS Chapters 197, 215, 227, or
equitable relief in a court of competent jurisdiction.
The applicant is requesting deferral of the requirement to demonstrate compliance with the approval standards of
subsection B, as identified in this section. The applicant will establish a Development Agreement with the City to
establish alternative schedules for meeting compliance with the criteria in subsection C. The applicant shall execute
a written deferral agreement substantially in the form provided in Exhibit 5 to this report and as approved by the
City.
D. Exception.
The Applicant is not requesting an exception to the standards in subsection B, therefore this section does not apply.
E. Additional Standards.
1. Infrastructure improvements for water, sewer, stormwater, and transportation systems, including but not
limited to pump stations and trunk lines, shall be located and designed to serve the proposed development
and not unduly or unnecessarily restrict the ability of any other property to develop in accordance with the
applicable River Terrace Infrastructure Master Plan. Infrastructure improvements shall be evaluated for
conformance with this standard during the land use review process. The city shall take into account the
topography, size, and shape of the development site; the impact of the improvement on the development
site; and, the reasonableness of available options during its review. The applicant shall not be required to
reduce otherwise permitted density or obtain a variance to demonstrate compliance, but this standard may
be considered in reviewing a variance application.
The Applicant’s plans do not restrict the ability of any other property to develop in accordance with the applicable
River Terrace Infrastructure Master Plan (RTIMP). This standard is met.
2. Infrastructure improvements for water, sewer, and stormwater shall be placed in easements that are
located, wherever possible, within existing or future rights-of-way. Easements and rights-of-way shall
extend through and to the edge of the development site at such locations that would maximize the
function and availability of the easement and right-of-way to serve adjacent and surrounding properties.
Easements and rights-of-way shall be evaluated for conformance with this standard during the land use
review process. Dedications of easements and rights-of-way shall be required as a condition of land use
approval, except where the approval is for a future phase of a planned development or land division
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approval. The applicant’s plans indicate the infrastructure improvements will be located in rights-of-way
or easements, as defined above. This standard is met.
The Applicant’s plans indicate the infrastructure improvements will be located in rights-of-way or easements, as
defined above. This standard is met.
3. Development in water pressure zone 550 shall either provide or demonstrate that there is sufficient water
capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another
water pressure zone that has sufficient capacity, to the satisfaction of the city engineer and Tualatin Valley
Fire and Rescue during the land use review process.
Map 12 of the River Terrace Community Plan shows the subject site located entirely in 410 Pressure Zone. This
standard does not apply.
4. Development in the north and south sewer sub-basins shall demonstrate, where applicable, that there is
sufficient pump station capacity and associated force mains to serve the proposed development, or that it
can be served by other system improvements, to the satisfaction of the city engineer and Clean Water
Services during the land use review process.
The Applicant’s plans indicate the construction of a regional pump station by CWS that will serve this site.
Prior to the issuance of building permits, the Applicant shall provide verification from CWS that the pump station is
operational and has adequate capacity for the intended service area. As conditioned, this standard will be met.
5. If compliance with stormwater management standards is dependent upon an off-site conveyance system
or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative
and/or interim systems and facilities as described in the River Terrace Stormwater Master Plan.
a. Development approval for an interim facility shall include a condition to decommission the interim
facility, connect it to the permanent facility when it becomes available to serve the development, and
assurance that adequate financial resources are available to decommission the interim facility when the
permanent facility becomes available.
b. Development approval for an alternative or on- or off-site regional system or facility may include a
condition to form a reimbursement district.
c. No stormwater management system or facility shall be approved if it would prevent or significantly
impact the ability of other properties to implement and comply with the River Terrace Stormwater Master
Plan or other applicable standards.
The Applicant states they are not proposing an interim stormwater management facility. They also state that the
proposed development is located and designed so as not to unduly or unnecessarily restrict the ability of any other
property to provide or access a public easement or facility required for the property to develop in accordance with
this code. The Applicant is not requesting a variance that would necessitate a consideration of this standard.
The proposed development is located within Strategy Area A. Stormwater in this area will be collected and
conveyed in storm pipes located within the street to the low points in their respective basins.
F. Other Provisions.
1. Unless expressly authorized in a development approval, no person shall impose a private fee or any
charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a
public easement, facility, or service.
2. For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to
fund public facilities and/or services described in this section shall be deemed effective if it has taken
effect and the time for any legal challenge has expired or any legal challenge has been finally decided.
The applicant does not intend to impose a private fee or any charge whatsoever that prohibits, restricts, or impairs
an adjoining property from accessing a public easement, facility, or service or denies access to such public easement,
facility, or service. The applicant understands that an ordinance or resolution adopting an SDC, utility fee, or other
charge to finance public facilities and services described in this section shall be deemed effective if it has taken effect
and the time for any legal challenge has expired or any legal challenge has been finally decided.
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18.660.040 Approval Criteria
A. Preliminary Plat Approval Criteria. In addition to the approval criteria in Sections 18.420.050 and
18.430.040, the following approval criteria shall apply to all Partition and Subdivision Preliminary
Plat applications in River Terrace.
1. Unless the applicable approval authority determines it is in the public interest to make modifications,
the applicant shall design and construct all streets, street extensions, and intersections to conform to:
a. The River Terrace Transportation System Plan Addendum; and
b. The street spacing and connectivity standards of this chapter, the TCDC, and Washington County,
where applicable; and
c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and
general direction.
2. The preliminary plat shall not impede the future use or development of adjacent property in River
Terrace not under the control or ownership of the applicant proposing the preliminary plat.
3. Where future re-division is proposed pursuant to subsection 18.420.020.D or 18.430.020.C, a plan for
future phases shall show the location of lot lines, rights-of-way, easements, and other details of layout that
demonstrates that future division may readily occur without violating applicable zoning district
requirements and development standards of the TCDC.
As shown on the Applicant’s Preliminary Circulation plan (Sheets 9.1/2) the streets, street extensions, and
intersections in the proposed development conform to the River Terrace Transportation System Plan Addendum,
the street spacing and connectivity standards of this chapter and the TCDC. The River Terrace Transportation
System Plan Addendum Figure 3 shows SW Roy Rogers Road as an arterial street. Frontage improvements will be in
accordance with the arterial street standards, as discussed in later sections of this report. In conformance with the
River Terrace Transportation System Plan Addendum Figure 6, the proposed development will incorporate the
proposed north-south neighborhood route through the site, extending to the site boundaries. No additional streets,
street extensions, and intersections are identified within the subject site in the River Terrace Transportation System
Plan Addendum. Map 14 – Transportation Improvements does not identify connections to existing or future streets
around the edges of the subject site, other than the above mentioned collector street and neighborhood route.
Compliance with the street spacing and connectivity standards of this chapter and the TCDC are demonstrated in
section 18.660.080 and later sections of this report.
With the provision of the above mentioned future street connections, the preliminary plat does not impede the
future use or development of adjacent property within River Terrace not under the control or ownership of the
applicant proposing the preliminary plat. The optional phasing plan is phased in such a way that provides for
adequate street connections with each phase. This criterion is met.
B. Conditional Use, Planned Development, and Site Development Review Approval Criteria. In addition to
the approval criteria in Sections 18.330.030, 18.350.050, 18.350.070, and 18.360.090, the following approval
criterion shall apply to all conditional use, planned development, and site development review applications
in River Terrace.
1. Unless the applicable approval authority determines it is in the public interest to make modifications,
the applicant shall design construct all streets, street extensions, and intersections to conform to:
a. The River Terrace Transportation System Plan Addendum; and
b. The street spacing and connectivity standards of this chapter, the TCDC, and Washington
County, where applicable; and
c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and
general direction.
2. The development shall not impede the future use or development of adjacent property in River Terrace
not under the control or ownership of the applicant proposing the conditional use, planned development,
multifamily, or commercial development.
As demonstrated on the Circulation Plan (Sheets C-9.1/2), the streets, street extensions, and intersections in the
proposed development conform to the River Terrace Transportation System Plan Addendum, the street spacing
and connectivity standards of this chapter and the TCDC. In conformance with the River Terrace Transportation
System Plan Addendum Figure 6, the proposed planned development will incorporate proposed north-south
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neighborhood route through the site, extending to the site boundaries. No additional streets, street extensions, and
intersections are identified within the subject site in the River Terrace Transportation System Plan Addendum. Map
14 – Transportation Improvements does not identify connections to existing or future streets around the edges of
the subject site, other than the above mentioned neighborhood route. Compliance with the street spacing and
connectivity standards of this chapter and the TCDC are demonstrated in section 18.660.080 and later sections of
this report. The development conforms to approved plats of subdivisions and maps of partitions of abutting
properties, as to width and general direction, where applicable. This criterion is met.
C. Conditions of Approval. The approval authority may attach such conditions as are necessary to comply
with the River Terrace Community Plan, related infrastructure master plans, this chapter, and other
applicable provisions of the TCDC.
Staff has recommended conditions of approval in this staff report for the Planning Commission’s consideration.
18.660.060 River Terrace Boulevard Development Standards
A. Applicability. The applicable development standards contained in the underlying base zone shall apply
to all development in River Terrace, except where the applicant has obtained variances or adjustments in
accordance with Chapter 18.370 or subsection D of this section, and except as specified below.
The development standards in this section shall apply to the types of development listed below on lots
abutting the River Terrace Boulevard right-of-way (ROW).
River Terrace Boulevard is not located within the subject site. These standards do not apply.
18.660.070 Planned Developments
The requirements of Chapter 18.350 shall apply to all planned developments in River Terrace, except as
modified below.
A. Density Calculation. To encourage development that is consistent with the design concept for River
Terrace Boulevard, the River Terrace Community Plan, and the building design standards in this chapter,
planned developments in River Terrace may limit the land dedicated for public or private rights-of-way,
including tracts for vehicle access, to 20% of gross site acreage for the purpose of calculating net
development area and density as described in paragraphs 18.715.020.A.3 and 4.
The applicant proposes to utilize the 20% deduction of land dedicated for public or private rights-of-way for the
purpose of calculating net development area and density. As shown on the Density Calculation Maps & Tables
(Sheet 4), the proposed development meets minimum and maximum densities using the standards described in
Subsections 18.715.020.A.3 and 4.
B. Development Standards. The provisions of the underlying base zone(s) shall apply except as modified
by this section. The specific development standards contained in subsection 18.350.060.C shall not apply.
The following specific development standards shall apply in their place.
1. Lot Dimensions. The minimum lot area and lot width standards of the underlying base zone shall not
apply to any lots, including those lots abutting right-of-way, with the following exception:
Lots along the eastern and northern perimeter of the River Terrace Plan District abutting existing
residential development, or residentially-zoned land that is undeveloped or is in an easement or tract, shall
meet the minimum lot area and lot width standards of the underlying base zone.
2. Building Height. The maximum building height standard of the underlying base zone shall not apply to
any building on any lot, including those lots abutting right-of-way, with the following exception: Buildings
on lots along the eastern and northern perimeter of the River Terrace Plan District abutting existing
residential development, or residentially-zoned land that is undeveloped or is in an easement or tract, shall
be set back one additional foot for every two feet of height above the maximum height allowed on the side
of the lot abutting the perimeter.
3. Setbacks. The setback standards of the underlying base zone shall not apply to any building on any lot,
including those lots abutting right-of-way, except as follows:
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a. All buildings on lots along the eastern and northern perimeter of the River Terrace Plan District
abutting existing residential development, or residentially-zoned land that is undeveloped or is in an
easement or tract, shall meet the setback standard of the underlying base zone or the abutting zone,
whichever provides the greater setback, on the side of the lot abutting the perimeter. This standard may be
met by proposing an open space tract between the proposed development and the abutting development
or land.
b. All buildings shall meet the minimum requirements of the Oregon Specialty Codes and the Oregon Fire
Code All garages and carports shall be set back a minimum of 20 feet on the side of the lot from which
vehicle access is taken from a public right-of-way. If vehicle access is taken from a private street or alley,
this setback may be reduced to zero feet where proper clearances for turning and backing movements are
provided.
c. Where the applicant proposes to reduce the underlying base zone setbacks for buildings on lots not
included in subparagraph a. of this paragraph 3, the applicant shall specify the proposed setbacks on
either a lot-by-lot or area-wide basis.
4. Planning Commission Discretion. The Planning Commission may approve a smaller perimeter lot
and/or a lesser perimeter setback where the applicant demonstrates that a smaller lot or lesser setback will
have no greater impact on abutting development or land than the minimum standards for perimeter lots
described above in paragraphs 1 through 3 of this subsection B.
The proposed development does not contain lots on the eastern or northern perimeter of the River Terrace Plan
District that abut existing residential development. Setbacks are further addressed in section 18.350.060.C of this
report. All lots will meet all requirements of the Uniform Building and Fire Code. All lots provide a minimum
garage or carport setback of 20 feet where vehicle access is taken from a public right-of-way. The garage setback for
rear loaded garages from an alley will be 3-6 feet when no driveway parking is provided or at least 16 feet when
driveway parking is allowed from a private alley, as shown on the Table A in previous sections of this report and on
the Site Plan/Typical Lot Plans (Sheets C-11.1/2.These standards are met.
C. Private outdoor area—Residential use. The private outdoor area requirements of 18.350.070.D.5 shall
only apply to multifamily development.
The proposed development consists of single-family development. Therefore, the private outdoor area requirements
of 18.350.070.D.5 do not apply.
D. Shared outdoor recreation and open space facility areas—Residential use. The shared outdoor
recreation and open space requirements of 18.350.070.D.6 shall only apply to multifamily development.
The proposed development consists of single-family development. Therefore, the shared outdoor recreation and
open space requirements of 18.350.070.D.6 do not apply.
E. Shared Open Space Facilities. The shared open space facility requirements of paragraph
18.350.070.D.13 shall not apply. In lieu of these requirements, the following open space requirements and
development enhancements shall apply. These requirements are intended to provide the community with
added benefits that are consistent with the overall development vision for River Terrace as described in the
River Terrace Community Plan and River Terrace Park System Master Plan Addendum.
1. The development shall provide parks, trails, and/or open space that:
a. Meets a need for neighborhood parks, linear parks, open space, and/or trails that is identified in the
River Terrace Park System Master Plan Addendum with respect to both location and the plan’s level of
service standard; and
b. Will be dedicated to the public if the proposal is for a neighborhood park, linear park, or trail.
The proposed development will provide parks, trails, and/or open space that meets a need for neighborhood or linear
parks, open space, and/or trails that is identified in the River Terrace Park System Master Plan Addendum with respect
to both location and the plan’s level of service standard. The site contains one of the proposed neighborhood park
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locations, and is within the service area of the future neighborhood park to be located on the site to the east. The site
also falls within the service area of the future community park identified in the river terrace Park System Master Plan
Addendum.
2. The development shall include at least three of the following development enhancements:
a. Trails or paths that augment the public sidewalk system and facilitate access to parks, schools, trails,
open spaces, commercial areas, and similar destinations. Trails and paths shall meet all applicable ADA
standards and be dedicated to the public or placed in a public access easement. Trails and paths in a
public access easement shall be maintained by a homeowner association. Nature trails along or through
natural resource areas or open spaces. Trails through protected natural resource areas must obtain all
necessary approvals and meet all applicable development standards. Trails shall meet all applicable ADA
standards and be dedicated to the public or placed in a public access easement. Trails in a public access
easement shall be maintained by a homeowner association.
b. Trails, paths, or sidewalks that provide direct access to a public park or recreation area that is no further
than one-quarter mile from the development site. Trails and paths shall meet all applicable ADA standards
and be dedicated to the public or placed in a public access easement. Trails and paths in a public access
easement shall be maintained by a homeowner association.
c. Intersection treatments that are acceptable to the City Engineer and that elevate the pedestrian
experience through art, landscaping, signage, enhanced crossings, and/or other similar treatments.
d. High-quality architectural features on attached and detached single-family dwelling units and duplexes
that meet the building design standards in subsection I of this section.
The proposed development will include b, c, and e of the development enhancements identified in this section, as
described throughout this report and shown on the attached Conceptual Elevations in Application Exhibit J.
3. For those properties abutting Roy Rogers Road or River Terrace Boulevard, one or more of the
following enhancements may be provided in lieu of one or more of the enhancements listed in Subsection
E.2 above:
a. Long-term maintenance plan administered by a homeowner association that is acceptable to the
applicable road authority for any proposed and/or required landscaping in or adjacent to the Roy Rogers
Road or River Terrace Boulevard right-of-way that is not part of a stormwater management facility.
b. High-quality visual and noise buffer along Roy Rogers Road that includes both a vegetative and solid
barrier component outside of the public right-of-way.
c. Park facilities in the River Terrace Trail corridor, including but not limited to benches, picnic tables,
lighting, and/or small playground areas (i.e. tot lots or pocket parks). Provision of such facilities may
allow the applicant to count the trail corridor as a linear park facility, thus contributing to meeting the
city’s level of service standards in the River Terrace Park System Master Plan Addendum for both linear
parks and trails. The Public Works Director shall determine whether the proposed facilities elevate the
trail corridor to a linear park facility.
The proposed development will include a and b of the development enhancements identified in this section, in
addition to the enhancements listed in Section E.2 above. A 10’ landscaped tract maintained by a Home Owners
Association will be provided between the proposed development and SW Roy Rogers Road. A fence will be placed
along SW Roy Rogers Road to serve as a high-quality visual and noise buffer. Conceptual representations of the
fence are provided in the River Terrace Community Elements Book (Application Exhibit N-7). Improvements along
SW Roy Rogers Road will be made as shown on the Circulation Plan (Sheets C-9.1/2).
F. Open Space Conveyance. The standards of paragraph 18.350.070.D.14 shall apply to the conveyance of
open space in River Terrace. The standards of subsection 18.810.080.B shall not apply.
Open space in the proposed development will comply with the standards of Subsection 18.350.070.D.14, as detailed
in that section of this report.
G. Street Design Standards. The standards of Chapter 18.810 shall apply in addition to the specific
provisions for public skinny streets, private streets, and private alleys in subsections 18.660.080.D and E.
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As shown on the Circulation Plan (Sheets 9.1/2), streets in the proposed development meet the standards of
Chapter 18.810 in addition to the specific provisions for public skinny streets, private streets, and private alleys in
Subsections 18.660.080.D and E.
H. Phased Development. The provision for phased development allowed by Subsection 18.350.030.D.1 is
modified as follows to clarify the total time period allowed for developing a site in phases: Any additional
required land use approvals shall be obtained, e.g. partition or subdivision, and a complete building permit
application(s) for the final proposed phase of development shall be submitted to the city within seven years
of the Detailed Development Plan approval in order to be issued under the original approval.
The proposed development may be developed in phases. Phased development is allowed with planned development
approval. The applicant requests the approval of an optional phasing plan that contains three phases shown on the
Phasing Plan (Sheet 14). However, the property may be developed in one phase.
I. Design Standards for Single-Family Dwelling Units and Duplexes. The following design standards
apply only when the applicant chooses to provide them under Subsection 18.660.070.E.2.e or where
otherwise specified in this chapter.
These standards apply to attached and detached single-family dwelling units and duplexes. They are
intended to promote architectural detail, human-scale design, street visibility, and privacy of adjacent
properties, while affording flexibility to use a variety of architectural styles. The graphics provided are
intended to illustrate how development could comply with these standards and should not be interpreted
as requiring a specific architectural style. An architectural feature may be used to comply with more than
one standard.
The design standards of this section apply to all attached and detached single-family dwelling units within the
proposed development, as required according to section 18.660.060.B and 18.660.070.E.2.e. The Conceptual
Elevations and Design Standards Compliance Matrix (Applicant’s Exhibit J) shows compliance with individual
standards for each product type. These exhibits are representative of the product type that Polygon typically builds.
They demonstrate that the product type Polygon is likely to build in the proposed development can comply with the
standards of Subsection 18.660.070.I. Provided development occurs that is consistent with the examples provided in
Exhibit J, these standards will be met.
FINDINGS: As shown in the analysis above, the applicable planned development standards are substantially met.
To ensure compliance, the following condition of approval will be imposed.
CONDITION: The applicant shall submit plans and elevations demonstrating that each single family dwelling unit is
designed and constructed to conform to the applicable design standards in 18.660.070.I.
18.660.080 Street Design
A. River Terrace Boulevard. The following street design standards apply to River Terrace Boulevard as
shown in Figure 18.660.7 below. The general location of River Terrace Boulevard is shown on Map
18.660.B, which is located at the end of this chapter.
River Terrace Boulevard is not located within the site. This section does not apply.
B Street Design – Commercial Collector
Section 18660.080.B states that the following street design standards apply to the commercial collector as
shown in Figure 18.660.8 below. These standards apply to the collector street located in the community
commercial zone as shown on the city’s zoning map. The general location of the commercial collector is
shown on Map 18.660.B,
The commercial collector is not located within the site. This section does not apply.
C. Street Design – Arterial Streets. The following street design standards apply to the arterial streets in the
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River Terrace Plan District as shown on Map 18.660.B, which is located at the end of this chapter.
The proposed development abuts Roy Rogers Road, a Washington County arterial street and an arterial street in the
River Terrace Plan District. The proposed improvements to SW Roy Rogers Road are shown as street section E on
the Circulation Plan (Sheets C-9.1/2). The project abuts SW Roy Rogers and Scholls Ferry Roads, arterial streets in
the River Terrace Plan District. Improvements to centerline to County 5-lane arterial standards are proposed. The
improvements must meet the county and city requirements.
D. Public Skinny Streets and Private Streets. Development sites that have public street frontage on an
arterial street upon which they cannot take vehicle access shall take access from a private street that meets
city standards or from another public street that, at a minimum, meets the skinny street option as shown
in Figure 18.810.6.B. Private street standards are established by the city engineer pursuant to subsection
18.810.030.T.
The site abuts two arterial streets from which vehicular access cannot be taken. Proposed residential lots along these
arterials will take access internally from a public street that meets the public local street standard (SW Aubergine
Terrace and the northerly segment of SW Beach Plum Terrace), meets the Local Skinny Street Standard in Figure
18.810.6 (SW Forest Hollow Street), or meets private street standards (southerly segment of SW Beach Plum
Terrace). Due to the resources, detention ponds, and arterial road on the site the most feasible way to provide street
access to homes in the southeastern corner of the site is by using a private street and an alley. The private street and
alley function together as a fire access route. The proposed private street is shown as Street Section C on the
Circulation Plan (Sheet C-9.2), as it will be built to the standard of a public local street, but will be private south of
SW Holly Ridge Lane. The private streets and alleys will be managed by the HOA and will include a legal recorded
document with a legal description, ownership, use rights and a maintenance agreement. As described throughout
this report, the development is proposed through the Planned Development and on-street parking standards are
met. The proposed development includes public skinny streets and private streets.
Public skinny streets will comply with 18.810.030.
E. Private Alleys. Development sites that have public street frontage on a local street, neighborhood route,
or collector street may choose to provide vehicle access through a private alley provided that the alley
meets all of the standards below and in subsection 18.810.030.R. Adjustments to any of these standards
shall be processed by means of a Type II procedure, as governed by Section 18.390.040, using approval
criteria from paragraph 18.370.020.C.9.
The Applicant has proposed to provide vehicular access to some lots through alleys located in tracts that are a
minimum width of 20 feet, as street section G3 on the Circulation Plan (SheetsC-9.1/2). The Applicant states the
private alley will be managed by the HOA, with the appropriate legal documents for ownership and maintenance.
Alleys are permitted along lots with frontage to a street. Lots 1 through 8 along Calabash Terrace and lots 45
through 51 along Granita Lane do not have frontage to a street. Frontage may be provided with a private street
improved with a 20-foot paved width and a 5-foot sidewalk on one side.
18.660.090 Street Connectivity
A. Street Alignment and Connections. In addition to the exceptions already allowed in subsection
18.810.030.H, the following exceptions shall also apply to development in River Terrace.
1. For development sites located on the side of the River Terrace Boulevard right-of-way with the trail
corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize
the number of trail crossings, provided that there are bicycle and pedestrian connections in public
easements or rights-of-way a minimum of every 330 feet.
The site does not abut the River Terrace Boulevard ROW. This standard does not apply.
2. For public or private school sites, an additional exception to the street spacing requirement is allowed,
provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and
through the site and a sufficient number and distribution of public access points from the site to public
streets, sidewalks, and trails as determined by the approval authority.
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The subject property is not a public or private school site. This exception to street spacing does not apply.
B. Block Perimeter. The perimeter of blocks formed by streets shall not exceed a total of 1,600 feet measured
along the centerline of the streets except where street location is precluded by natural topography, wetlands,
significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along
which the city has identified a need to minimize the number of intersections.
As shown on the Circulation Plan (Sheets 9.1/2), the street system of the proposed planned development has been
designed to provide adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site.
The perimeter of blocks formed by streets in the proposed development do not exceed a total of 1,600 feet
measured along the centerline of the streets except where street location is precluded by natural topography,
wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along
which the city has identified a need to minimize the number of intersections. This standard is met.
FINDINGS: As shown in the analysis above, the street connectivity standards are not all met, but can be met with
conditions of approval identified in the Conditions Section of this report.
18.660.100 On-Street Parking
A. Applicability. In addition to the standards in Chapter 18.765 for off-street parking, the following onstreet
parking standards shall also apply to all residential single-family attached, single-family detached, and
duplex development in River Terrace with individual off-street parking and vehicle access on a local street,
neighborhood route, or private street or alley.
B. Quantity Standards. All single-family and duplex development described in subsection A of this section
shall provide the following number of on-street parking spaces:
1. For a dwelling with one off-street parking space, a minimum of two on-street parking spaces shall be
provided.
2. For a dwelling with two off-street parking spaces, a minimum of one on-street parking space shall be
provided.
3. For dwellings with more than two off-street parking spaces, a minimum of one on-street parking space
shall be provided for every two lots with more than two off-street parking spaces that are adjacent to each
other.
The proposed development will provide more than the required number of on-street parking spaces, as shown on
the attached Parking Plan (Sheets C-10.1/2). The development includes 120 detached single-family units with 4 off-
street parking spaces, which requires 1 on-street parking space for every 2 of these units, totaling 60 required on-
street parking spaces. The development includes 32 detached single-family with 2 off-street parking spaces, which
require 1 on-street parking space for every 1 of these units totaling 32 required on-street parking spaces. The
development also includes 63 attached single-family units with 3 off-street parking spaces which requires 1 on-street
space for every 2 of these units, totaling 32 required on-street parking spaces. Thus, a total of 124 on street parking
spaces are required.
A total of 228 on-street parking spaces including 15 spaces in parking courts are provided as shown on the attached
Parking Plan (Sheets C-10.1/2) which greatly exceeds the required total of 124 on-street parking spaces.
The development is providing 182 on-street spaces for the detached single family units, which greatly exceeds the 92
spaces required. The development provides 46 on-street parking spaces for the attached single-family units, which
exceeds the 32 spaces required. This standard is met.
C. Dimensional Standards. Parking spaces shall be at least 20 feet in length. Parking spaces may not
utilize street frontage that contains a driveway, driveway apron, crosswalk, congregate mailbox structure,
or fire hydrant to meet the required dimensional standard.
As shown in the applicant’s Parking Plan (Sheets 10.1/2), parking spaces within the proposed development will be
at least 20 feet in length and will not utilize street frontage that contains a driveway, driveway apron, crosswalk,
congregate mailbox structure, or fire hydrant to meet the required dimensional standard. This standard is met.
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D. Location Standards. Required on-street parking spaces shall be provided within the development site
and along the affected lot’s street frontage by parallel parking, except as provided below.
1. All or some of the on-street parking spaces required in paragraphs B.1 through 3 of this section may be
provided on a street frontage not associated with the affected lot provided that the required parking
space(s) is located on the same block and within 200 feet of the affected lot.
2. All or some of the on-street parking spaces required in paragraphs B.1 through 3 of this section may be
provided in parking courts that are interspersed throughout the development when all of the following
standards are met:
a. A parking court shall contain no more than eight parking spaces.
b. A parking court shall be located within 200 feet of the affected lots.
c. Parking courts within the same block and on the same side of the street shall be separated by at least
200 feet of street frontage.
d. A parking court shall be paved and comply with all applicable grading and drainage standards in the
TCDC.
e. A parking court shall have a landscape strip around its perimeter that is at least five feet wide and
contains living ground cover and trees spaced every 15 to 40 feet on center. The ground cover shall include
shrubs of an appropriate height to minimize headlight glare impacts on adjacent residential uses.
f. A parking court shall be illuminated. All lighting shall be shielded and directed away from adjacent
residential uses.
g. A parking court that takes access on a public or private local street or alley may be designed to allow
vehicle turning or backing movements within the street or alley. A parking court that takes access on a
public neighborhood route may be designed to allow vehicle turning or backing movements within the
public right-of-way with the approval of the city engineer.
h. All parking spaces in a parking court shall be clearly marked.
i. A parking court shall be privately owned and maintained by a homeowner association into perpetuity.
For each parking court there shall be a legal recorded document that includes, at a minimum, the
following:
i. A legal description; and
ii. Ownership; and
iii. Use rights, including responsibility for enforcement; and
iv. A maintenance agreement, including an allocation or method of determining liability for a failure to
maintain.
j. No portion of a parking court, including landscaped areas, shall be used to satisfy any requirement for
open space or recreation. Additionally, no paved portion of a parking court shall be used as a
development’s stormwater management facility where it would interfere with the use of the court for
parking.
k. A parking court shall be used solely for the parking of operable passenger vehicles.
Parking spaces within the proposed development will meet the location standards of this section, as demonstrated
on the attached Parking Plan (Sheet C-10.1 – 10.2). 1. All on-street parking spaces required in Subsection B.1 – 3
above are either provided on a street frontage associated with the affected lot, on the same block, or in a parking
court and within 200 feet of the affected lot. The development proposes the use of two parking courts, the location
of which is shown on the Parking Plan (Sheet C-10.2). Two parking courts are used to meet the required parking
counts for the attached single-family row homes. They are located within 200 feet of the row homes they are
intended to serve. They are located on the same block as the row homes they are intended to serve. They will be
paved and comply with the grading and drainage standards of the TCDC and will have a landscape strip around the
perimeter that meets the applicable standards and is shown on the landscape plans (Sheet C-L1.02). They will be
illuminated and the lighting will be shielded from the adjacent residential uses. Access to the parking courts will be
taken from the adjacent public street. Parking spaces will be clearly marked and privately owned and maintained by
the HOA. Appropriate documents will be executed. The parking courts are not counted in the open space
requirements. They will be used solely for the parking of operable passenger vehicles. This standard is met.
E. Adjustments. Adjustments to these standards shall be processed by means of a Type II procedure, as
governed by Section 18.390.040, using approval criteria from subparagraph 18.370.020.C.6.a.
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The applicant does not propose any adjustments. This standard does not apply.
FINDING: As shown in the analysis above, the on street parking standards are met.
18.660.110 Temporary Sales Offices and Model Homes
One temporary sales office and one or more model homes may be located and used prior to final plat
approval when proposed by the applicant in conjunction with a preliminary plat application for a
subdivision. Any such proposal and approval shall be processed in accordance with Section 18.785.030,
meet the approval criteria in subsection 18.785.040.C, and comply with the provisions in this section. If the
applicant does not propose a temporary sales office or model home in conjunction with a preliminary plat
application for a subdivision, one or both may be proposed at a later date in accordance with Chapter
18.785.
A. Temporary Sales Office.
1. No more than one temporary sales office, not including a sales office in a model home, per subdivision
may be approved for placement on a lot intended for a dwelling unit as shown on the preliminary plat.
2. Conditions of approval for a temporary sales office shall protect the public’s health, safety, and welfare.
Conditions of approval shall include, but are not limited to, the following:
a. Provision of adequate fire access and water supply, including fire hydrants.
b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of
each sales office lot and curbs and the first lift of asphalt on all streets proposed to serve the sales office lot.
c. Installation of utilities within all streets proposed to serve the sales office lot.
d. Provision of adequate parking.
3. Any improvements to the property shall be designed and constructed so as to not preclude future use of
the property as zoned.
The applicant proposes one temporary sales office with the proposed development, as shown on the Model
Home/Sales Office Plan (Sheet 11.3). The sales office shall be conditioned to protect the public’s health, safety, and
welfare.
B. Model Homes.
1. The number of model homes shall be limited to:
a. Three, or one for every six acres of land proposed for subdivision in a preliminary plat, whichever is
greater, if the preliminary plat application is proposed in conjunction with a planned development
application
2. Conditions of approval for a model home shall protect the public’s health, safety, and welfare.
Conditions of approval shall include, but are not limited to, the following:
a. Provision of adequate fire access and water supply, including fire hydrants.
b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the frontage of
each model home lot and curbs and the first lift of asphalt on all streets proposed to serve each model
home lot.
c. Installation of utilities within all streets proposed to serve each model home lot.
d. Provision of adequate parking.
3. Any improvement to the property shall be designed and constructed so as to not preclude full
compliance with all applicable development standards upon final plat approval. The applicant bears the
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sole and complete risk of altering and/or relocating the model home prior to final plat approval if such
actions are necessary for it to comply with all applicable development standards upon final plat approval.
4. Each model home shall be located and constructed on a separate preliminary lot intended for a dwelling
unit as shown on the preliminary plat and in conformance with all applicable development standards,
including but not limited to: setbacks, lot coverage, height, façade design, and access. Nothing in this
section shall be construed as recognizing the lot on which the model home is located as a final approved
lot for any purpose. Nor shall the model home approval be the basis for a variance, exception, vested right
or nonconforming use.
5. No model home may be occupied except during established business hours and in no event shall be
used as an overnight accommodation. One model home may be used as a temporary sales office in lieu of
a temporary sales office approved in accordance with either subsection 18.660.110.A or subsection
17.785.020.C.
The applicant proposes seven model homes with the proposed development, as shown on the Model Home Site
Plan in Exhibit C-11.3. Given the 41.6-acre site, seven model homes are permitted, subject to a condition to protect
the public’s health, safety, and welfare, as provided below.
C. Owner Authorization and Performance Bond. The temporary use application for the sales office and/or
model home(s) shall include authorization from the owner, binding its successors and assigns, for the city
to enter the property and take such actions as are necessary to demolish and remove any temporary sales
office or model home that has been declared a nuisance pursuant to paragraph D.2 of this section. The
applicant shall post a performance bond in favor of the city in an amount designated in the temporary use
approval as a reasonable estimate of the cost sufficient for this purpose. The bond shall be released upon
final plat approval.
D. Removal of Model Home or Temporary Sales Office.
1. If final plat approval is not obtained prior to the lapse of the preliminary plat approval, each model home
or temporary sales office shall be removed and the property restored and made safe by the applicant or
owner. This shall occur no later than 60 days after the lapse of the preliminary plat approval in accordance
with Section 18.430.030, including any approved extension.
2. A model home or temporary sales office not removed in accordance with paragraph 1 of this subsection
D shall be declared a nuisance. The city shall enter the property and abate the nuisance by taking such
actions as are necessary to demolish and remove the structure(s) in accordance with the owner
authorization and performance bond required in subsection C of this section.
Based on the analysis above, the proposed sales office and model homes may be approved subject to conditions of
approval to protect the public’s health, safety, and welfare, as provided below.
FINDING: Based on the analysis above, the proposed development meets, or has been conditioned to meet the
applicable model home and temporary sales office standards.
CONDITIONS:
The proposed sales office and model homes may be approved subject to protection of the public’s
health, safety, and welfare through the following:
a. Provision of adequate fire access and water supply, including fire hydrants, as determined by the
fire service provider.
b. Provision of safe and adequate pedestrian and vehicle access, including a sidewalk along the
frontage of each model home lot and curbs and the first lift of asphalt on all streets proposed to
serve each model home lot.
c. Installation of utilities within all streets proposed to serve each model home lot.
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d. Provision of adequate parking.
The applicant shall provide authorization, binding its successors and assigns, for the city to enter the
property and take such actions as are necessary to demolish and remove any temporary sales office
or model home that has been declared a nuisance. The applicant shall post a performance bond in
favor of the city in an amount designated in the temporary use approval as a reasonable estimate of
the cost sufficient for this purpose. The bond shall be released upon final plat approval.
FINDING: Based on the analysis above, the River Terrace Plan District standards are met, or have been
conditioned to be met.
18.705 ACCESS, EGRESS, AND CIRCULATION
Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and
to a change of use which increases the on-site parking or loading requirements or which changes
the access requirements.
A 215-unit subdivision for single-family residential attached and detached dwellings is proposed with this application.
The attached Circulation Plan (Sheets C-9.1/2) show the proposed access, egress, and circulation from and within the
site as well as on-street parking. Compliance with Chapter 18.430 is addressed in preceding sections of this report.
These standards apply.
18.705.030 General Provisions
D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect
directly with a public or private street approved by the city for public use and shall be maintained at
the required standards on a continuous basis.
As shown on the applicant’s Circulation Plan (Sheet 9), all lots have access to a public or private street. This
standard is met.
F. Required walkway location. On-site pedestrian walkways shall comply with the following standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the
required access and egress. Walkways shall provide convenient connections between buildings in
multi- building commercial, institutional, and industrial complexes. Unless impractical, walkways
shall be constructed between new and existing developments and neighboring developments.
2. Within all attached housing (except two-family dwellings) and multifamily developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common open
space and recreation facilities.
3. 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 six-inch vertical separation (curbed) or a
minimum three-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.
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and
maintained to remain well-drained. 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 proposed subdivision consists of detached single-family residential lots and single-family attached units. There
will be no vehicular access to the front of the attached units. Each of the attached units in the proposed
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development will have its own parking space in an attached garage at the rear entrance of the unit. Access to the
unit from the parking space will be provided through the attached garage. All attached units will have pedestrian
access from the front entrance of the unit to the sidewalk, which will provide access to adjacent streets and
common open space and recreation facilities. On-site pedestrian walkways are provided as needed to facilitate access
to/from homes and to/from parking areas. This standard is met.
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).
A Transportation Impact Analysis, dated June 8, 2015, prepared by Kittelson & Associates Inc. The recommended
measures shall be implemented by the applicant. A June 22, 2015 Sight Distance Certification was also submitted. The
site distances for existing surrounding intersections were measured. The conclusion was for a different project. The
applicant shall submit a modified certification for this project with their PFI application. Verification of adequate site
distance will be required as part of the public facilities improvement and final plat submittal.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form
on approach to an intersection. The minimum driveway setback from a collector or arterial
street intersection shall be 150 feet, measured from the right-of-way line of the intersecting
street to the throat of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from city engineer review of a traffic impact report submitted by
the applicant’s traffic engineer. In a case where a project has less than 150 feet of street
frontage, the applicant must explore any option for shared access with the adjacent parcel. If
shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
The proposed development includes a section of arterial street SW Roy Rogers Road along the east boundary of the
site, a section of a proposed neighborhood route through the site. As shown on the attached Parking Plan (Sheets C-
10.1/2), no driveways are placed on arterial streets. This criterion is met.
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.
A proposed street, Satsuma Avenue, is proposed along Scholls Ferry Road and is over 600 feet from Roy Rogers
Road. This criterion is met.
4. The minimum spacing of local streets along a local street shall be 125 feet.
All local streets in the proposed development will meet the minimum spacing standard of 125 feet, as shown on the
Preliminary Plat (Sheets C-6.1/2). The minimum spacing standards are met.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on
individual lots and multifamily residential uses shall not be less than as provided in Tables
18.705.1 and 18.705.2.
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 or fewer
units) Number Dwelling Unit/Lots
Min. Number of
Driveways Required
Min. Access Width Min. Pavement
Width
1 or 2 1 15′ 10′
3-6 1 20′ 20′
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The applicant states a driveway will be provided for each of the proposed residential lots that has a minimum access
width of 15 feet and a minimum paved width of 10 feet. As proposed, this standard is met and will be verified at the
time of building permit review.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards are met.
18.715 DENSITY COMPUTATIONS
18.715.010 Purpose
The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for
determining the number of dwelling units permitted.
18.715.20 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the total site acres:
1. All sensitive land areas:
a. Land within the 100-year floodplain,
b. Land or slopes exceeding 25%,
c. Drainage ways, and
d. Wetlands,
e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard
“Significant Tree Grove Map” or “Significant Habitat Areas Map”;
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a. Single-family development: allocate 20% of gross acreage,
b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive
area;
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling
is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
FINDING: According to the applicant’s narrative and plan set, the portion of the project site within the R-7
district is approximately 19.50 acres in size. The minimum lot size is 5,000 square feet within the R-7
district. The portion of the project site within the R-12 district is approximately 22.11 acres. The
minimum lot size is 3,050 square feet for lots with detached units and 1,480 square feet for lots with
attached units within the R-12 district.
The applicant’s Table B: Density Calculation, show the density calculations performed in accordance
with Chapter 18.715. The proposed subdivision includes 215 single-family dwellings. The proposed
unit count is within the permitted density range of 199-249 units. No adjustments or density
transfers are requested.
The density computations standards are met.
18.725 ENVIRONMENTAL PERFORMANCE STANDARDS
This chapter requires 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, odors, glare and heat, and insects and rodents:
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.
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Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district,
there shall be no use, operation or activity which results in a stack or other point- source emission, other
than an emission from space heating, or the emission of pure uncombined water (steam) which is visible
from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015
and 340- 28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any
given zoning district which is discernible without instruments at the property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any
point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-
090) apply.
Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature
processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there
shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source;
and 2) these regulations shall not apply to signs or floodlights in parking areas or construction equipment
at the time of construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a
manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: The proposed development is an attached and detached single-family residential project, which are
permitted within the residential zones. 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. The
Environmental Performance standards are met.
18.745 LANDSCAPING AND SCREENING
General Provisions
A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant
and his or her agent, if any, shall be jointly and severally responsible for the ongoing maintenance
of all landscaping and screening used to meet the requirements of this chapter according to
applicable industry standards.
B. Installation requirements. The installation of all landscaping and screening required by this
chapter shall be as follows:
1. All landscaping and screening shall be installed according to applicable industry standards;
2. All plants shall be of high grade, and shall meet the size and grading standards of the American
Standards for Nursery Stock (ANSI Z60, 1-2004, and any future revisions); and
3. All landscaping and screening shall be installed in accordance with the provisions of this title.
C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of
this chapter have been met or other arrangements have been made and approved by the city such
as the posting of a bond.
The proposed subdivision is subject to a Type III land use review procedure. Therefore, this chapter applies. The
application includes preliminary plans (Sheets C-12.1, C-12.2, C-L1.01, C-L1.02, C-L1.03, C-L1.04, C-L1.05, C-L1.06,
and C-L2.01) depicting plan information for an Urban Forestry Plan, including existing trees, proposed tree removal, and
proposed street trees. Additionally, an Urban Forestry Plan Supplemental Report is also included as Application Exhibit F.
18.745.40 Street Trees
A. Street trees shall be required as part of the approval process for Conditional Use (Type III),
Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned
Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III)
permits.
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B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the
minimum number of required street trees shall be determined by rounding to the nearest whole
number.
C. Street trees required by this section shall be planted according to the Street Tree Planting
Standards in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes according to the Street
Tree Soil Volume Standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right of way whenever practicable
according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be
planted no more than 6 feet from the right of way according to the Street Tree Planting Standards
in the Urban Forestry Manual when planting within the right of way is not practicable.
F. An existing tree may be used to meet the street tree standards provided that:
1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is
either within the subject site or within the right of way immediately adjacent to the subject site;
2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil
Volume Standards in the Urban Forestry Manual if it were newly planted; and
3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per
18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per
18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective
tree canopy cover of the site.
G. In cases where it is not practicable to provide the minimum number of required street trees, the
Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting
and early establishment in an amount equivalent to the City’s cost to plant and maintain a street
tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for
each tree below the minimum required.
The preliminary landscape plans (Sheets L1.01/2, and L1.05) and Supplemental UFP Report show 414 street trees
are provide and 371 are required, based on linear feet of street frontage divided by 40 feet. However according to
the Supplemental Report, soil volume requirements are not met for a number of proposed street trees. These
criteria are not met. The applicant shall submit a plan demonstrating that the soil volume standards are met for
street trees and other planted trees in the Urban Forestry Plan.
18.745.50 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicles.
2. 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). The
owner of each proposed development is responsible for the installation and effective
maintenance of buffering and screening. When different uses would be abutting one another
except for separation by a right-of-way, buffering, but not screening, shall be required as
specified in the matrix.
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be
submitted for the director’s approval as an alternative to the buffer area landscaping and
screening standards, provided it affords the same degree of buffering and screening as required
by this code.
The subject property abuts properties to the south within the Tigard River Terrace area that have a zoning designation
of either R-7 or R-25. The R-7 and R-25 zones permit single family residential units. Adjacent properties to the east are
separated by arterial street Roy Rogers Road, are within the Tigard River Terrace area, and have a zoning designation
of R-25, which permits single family residential units. Lots along the eastern border of the site will have the highest
density in the subdivision to be more consistent with the R-25 zoning designation to the east. Adjacent properties to
the west are designated by Washington County as either agricultural use. The subject site is surrounded by rural
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agricultural land and single-family residential properties, with the exception of properties to the east which are
separated by an arterial street. Therefore, buffering and screening is not required.
FINDING: Based on the analysis above, the Landscaping and Screening standards are not all met.
CONDITION:
The applicant shall submit a plan demonstrating that the soil volume standards are met for proposed
street trees and other planted trees in the Urban Forestry Plan.
18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS
18.765.030 General Provisions
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 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.
The proposed Parking Plan (Sheets 10.1/2) shows proposed parking, access, egress, and circulation. This standard is
met.
B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwellings.
Parking for each single family dwelling is proposed on the same lot as the dwelling. This standard is met.
18.765.070 Minimum and Maximum Off-Street Parking Requirements
H. Specific requirements. See Table 18.765.2.
No bicycle parking is required for single-family attached or detached dwellings. As shown on the Circulation Plan in
Application Exhibits C-10.1 and C-10.2, with the provision of parking in driveways and garages more than one off-
street parking space will be provided per dwelling unit thus meeting the parking standard in Table 18,765.2. The
development includes 152 detached single-family units requiring 1 off-street space per unit for a total of 152
required off-street spaces. The development includes 63 attached single-family units requiring 1.5 spaces per unit for
a total of 95 off street spaces. This comes to a total of 247 required off street parking spaces for the project.
The development includes 120 front-loaded and alley-loaded detached single-family units each with a 2 car garage
and 2 additional off street parking spaces in the driveway, for a total of 480 off-street parking spaces. The
development also includes 32 alley loaded units with a two car garage, for a total of 64 off-street parking spaces.
This comes to a total of 544 off-street parking spaces provided for all detached units, which greatly exceeds the 152
required off-street parking spaces.
The development includes 63 attached single-family units with a 2 car garage and one driveway space, for a total of
189 off-street parking spaces. This comes to a total of 189 off-street parking spaces provided for all attached units,
which exceeds the 95 required off-street parking spaces.
The project provides a total of 733 off-street parking spaces, which greatly exceeds the required 247 off-street
parking spaces for the project. This is summarized in the table on the Parking Plan in Application Exhibits C-10.1
and C-10.2. These standards are met.
FINDING: As shown in the analysis above, the applicable off street parking requirements are met.
18.775 SENSITIVE LANDS
F. Sensitive lands permits issued by the director.
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1. The director shall have the authority to issue a sensitive lands permit in the following areas by means of
a Type II procedure, as governed in Section 18.390.040, using approval criteria contained in Section
18.775.070:
a. Drainageways;
b. Slopes that are 25% or greater or unstable ground; and
c. Wetland areas which are not regulated by other local, state, or federal agencies and are designated as
significant wetlands on the City of Tigard “Wetland and Streams Corridors Map.”
The proposed development site is not within the 100-year floodplain or 1996 flood inundation line. As shown on the
Existing Conditions and Demolition Plan in Application Exhibit C-2, the site contains a drainage way, vegetated
corridor and wetlands which are only within wetland areas that meet the jurisdictional requirements 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.” A copy of the
Wetland Delineation Report is included as Exhibit L. A Concurrence Letter issued by the Department of State Lands
and is included in Exhibit L. A Service Provider Letter has been issued for the site by CWS and a copy is included as
Application Exhibit E. The wetlands and drainage way on site are proposed to be retained within an open space tract.
No wetland impacts are proposed. The applicant is requesting a sensitive lands permit from the City for the drainage
way (vegetated corridor) on the site. The site contains steep slopes of 25% or greater and unstable ground, areas
including these slopes are located within the vegetated corridor and drainage way and will not be developed. The
slopes are shown on Application Exhibit C-7.1 and C-7.2.
2. Sensitive lands permits shall be required for the areas in paragraph 1 of this subsection F when any of
the following circumstances apply:
a. Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material;
b. Repair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or
exceeds 50% of the market value of the structure prior to the improvement or the damage requiring
reconstruction;
c. Residential and nonresidential structures intended for human habitation; and
d. Accessory structures which are greater than 528 square feet in size, outside floodway areas.
A sensitive lands permit is required for the proposed buffer impacts to the drainage way to accommodate residential
construction. The sensitive lands review requested with this application is subject to the Type II procedure, as
governed in Section 18.390.040, using approval criteria contained in Section 18.775.070, but is submitted concurrent
with the Type III Planned Development.
18.775.030 Administrative Provisions
A. Interagency coordination. The appropriate approval authority shall review all sensitive lands permit
applications to determine that all necessary permits shall be obtained from those federal, state, or local
governmental agencies from which prior approval is also required.
As governed by CWS “Design and Construction Standards,” the necessary permits for all “development,”
as defined in Section 18.775.020.A, shall include a CWS service provider letter, which specifies the
conditions and requirements necessary, if any, for an applicant to comply with CWS water quality
protection standards and for the agency to issue a stormwater connection permit.
The applicant has obtained a CWS service provider letter for the proposed development (see Application Exhibit
E). No development is proposed within the onsite wetlands, so COE & DSL permits are not necessary. The
applicant acknowledges that the appropriate approval authority shall review all sensitive lands permit applications to
determine that all necessary permits shall be obtained from those federal, state, or local governmental agencies from
which prior approval is also required. Copies of all necessary permits will be submitted to the City. This provision is
met.
B. Alteration or relocation of water course.
1. The director shall notify communities adjacent to the affected area and the State Department of Land
Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence
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of such notification to the Federal Insurance Administration;
2. The director shall require that maintenance is provided within the altered or relocated portion of a
watercourse so that the flood-carrying capacity is not diminished.
The proposed development does not alter the water course of the stream along the southwestern portion of the
property. This standard does not apply.
C. Apply standards. The appropriate approval authority shall apply the standards set forth in Sections
18.775.040 and 18.775.070 when reviewing an application for a sensitive lands permit.
18.775.070 Sensitive Land Permits
A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed
activity within a sensitive area, either a Type II or Type III permit is required, as delineated in 18.775.020.F
and G. The approval criteria for various kinds of sensitive areas, e.g., floodplain, are presented in
subsections B through E of this section.
D. 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. Compliance with all of the applicable requirements of this title;
The applicant is requesting a Type II sensitive lands permit for the drainageway on the proposed development site.
As shown in the applicable findings in this staff report the proposal demonstrates compliance with all of the
applicable requirements of this title. This criterion is met.
2. 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;
Proposed vegetated corridor impacts include a segment of the north-south neighborhood route and the storm water
outfall to the offsite drainage way. The vegetated corridor will be enhanced and mitigation areas will be planted as
described in CWS SPL # 15-0000811 (see Application Exhibit E). The proposed impacts minimize disruption to the
drainage channel by limiting the number of road crossings to one. The proposed development includes the
provision of a tract of open space along the southern edge of the site to integrate the enhanced drainage channel
into the design of the open space area. Therefore, 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. This criterion is
met.
3. 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 alteration is limited to one street and one storm outfall within the vegetated corridor. The drainage
channel vegetated corridor will be enhanced and mitigation provided pursuant to CWS SPL # 15-0000811 (see
Application Exhibit E). The proposed impacts minimize disruption to the drainage channel by limiting the number
of road crossings to one. The proposed development includes the provision of a tract of open space along the
southern edge of the site to integrate the enhanced drainage channel into the design of the open space area.
Therefore, 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. This criterion is met.
4. The water flow capacity of the drainageway is not decreased;
The water flow capacity of the drainageway will not be decreased as a result of the proposed vegetated corridor
impacts as they do not affect the identifiable channel of the 25-year storm flow. This criterion is met.
5. Where natural vegetation has been removed due to land form alteration or development, the areas not
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covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with
Chapter 18.745, Landscaping and Screening;
Where natural vegetation is removed for proposed impacts, the areas not covered by structures or impervious
surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening, as
shown on the Landscape Plans in Application Exhibit C-L1.01 - L5.01. This criterion is met.
6. 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;
A public facility of adequate size to accommodate maximum flow in accordance with the adopted 1981 Master
Drainage Plan, as documented in the Preliminary Storm Report Memo attached in Application Exhibit H, will be
provided as part of the proposed development. This criterion is met.
7. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands,
and CWS approvals shall be obtained;
The applicant has obtained a CWS service provider letter for the proposed development (see Application Exhibit
E). DSL/COE permits are not required as no wetland impacts are proposed. This criterion is met.
8. 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 subject site is not within or adjacent to the 100-year floodplain. This subsection is not applicable.
FINDING: As shown in the findings above, all of the criteria for the proposed development within the
drainageway are met. However, the exhibits approved in CWS SPL 15-000811 vary from the plans
submitted with the application. A revised SPL may be required by CWS but should not change the
conclusion of the findings in this section with respect to vegetated corridor impacts which are
limited to the storm outfall and bridge encroachments. The Planning Commission may approve the
sensitive lands permit.
18.785 TEMPORARY USE
C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section
18.390.030, the director may approve, approve with conditions or deny the use of any real property within
the city as a temporary sales office, offices for the purpose of facilitating the sale of real property, or model
home in any subdivision or tract of land within this city, but for no other purpose, provided the following
criteria are satisfied:
1. Temporary sales office.
a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in
which the real property is to be sold; and
b. The property to be used for a temporary sales office shall not be permanently improved for that purpose.
As described in the applicant’s narrative and shown in the plans (Plan Sheet 11.3), the proposed development
includes one temporary sales office which is located within the boundaries of the subdivision and would not be
permanently improved for that purpose. This criterion is met.
2. Model house.
a. The model house shall be located within the boundaries of the subdivision or tract of land where the
real property to be sold is situated; and
b. The property to be used for a model house shall be a permanently designed dwelling structure.
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As described in the applicant’s narrative and shown in the plans (Plan Sheet 11.3), the proposed development
includes seven model homes, which are located within the boundaries of the subdivision and would be permanently
improved for that purpose. This criterion is met.
FINDING: The proposed development includes seven model homes and one temporary sales office (Plan Sheet
11.3), as described in the Model Homes and Temporary Sales Office section of the River Terrace Plan
District (18.660.110), above. Accordingly, the proposal and approval shall be processed in accordance
with Section 18.785.030, meet the approval criteria in subsection 18.785.040.C, and comply with the
provisions in section 18.660.110. As reviewed above, the proposed model homes and sales office have
been conditioned to ensure that the public’s health, safety, and welfare are protected.
18.790 URBAN FORESTRY PLAN
Urban Forestry Plan Requirements
A. Urban forestry plan requirements. An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape architect) or a
person that is both a certified arborist and tree risk assessor (the project arborist), except for
minor land partitions that can demonstrate compliance with effective tree canopy cover and soil
volume requirements by planting street trees in open soil volumes only;
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM);
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4. Meet the supplemental report standards in the Urban Forestry Manual.
The applicant’s preliminary Landscape plans (Sheets L1.01, C-L1.02, C-L1.03, C-L1.04, C-L1.05, C-L1.06,
C-L2.01, C-L3.01 C-L4.01, C-L4.02, C-L4.03, and C-L5.01).and the Urban Forestry Plan Supplemental
Report (Applicant Exhibit F), have been prepared by Certified Arborist, Morgen Holen, and Registered
Landscape Architect, Karen Lankford. According to the Supplemental Report, Planted and Street Tree Soil
Volumes Calculations, include a number of trees that do not have sufficient soil volumes. Therefore, as a
condition of approval the applicant shall submit a revised soil volume plan to demonstrate how the soil
volume standard can be met. Otherwise, the urban forestry plan requirements are met.
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
canopy cover will not be provided through any combination of tree planting or preservation for any
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development
site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall
provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee
calculation requirements in the Urban Forestry Manual.
The Supplemental Report demonstrates the applicable standard percent effective tree canopy cover is provided.
This standard does not apply.
FINDING: Based on the analysis above, the urban forestry plan requirements are met or are conditioned to be
met.
18.790.060 Urban Forestry Plan Implementation
C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site plan
(per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban
forestry plan shall be guaranteed and required according to the tree establishment requirements in
Section 11, part 2 of the Urban Forestry Manual.
A condition of approval is added for the applicant to provide a tree establishment bond that meets the
requirements of the Urban Forestry Manual Section 11, Part 2. 251 new trees are proposed. Therefore, a bond in
the amount of
$207,915 (415 planted trees x $501/tree) is required. As conditioned, this requirement is met.
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D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report
(per Section 18.790.030.A.4) of a previously approved urban forestry plan.
Section 11, Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant
shall provide a fee to cover the city’s cost of collecting and processing the inventory data for the entire urban
forestry plan of 422 trees and one tree stand: $151 first tree + $11,788 ($28 x 421) + $200= $12,139. As
conditioned, this requirement is met.
FINDING: Based on the analysis above, the applicable urban forestry plan implementation standards are met.
18.795 VISUAL CLEARANCE
Visual Clearance Requirements
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the
street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
FINDING: Clear vision areas are shown on the applicant’s Site Plan (Sheets 11.1/2) using hatched areas at each
intersection. This standard is met.
18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS:
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:
18.810.030.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.
SW Roy Rogers and Scholls Ferry Roads, are County 5-lane arterial streets along the site frontage. The improvements
shall meet the county and city requirements.
18.810.030.E Minimum Rights-of-Way and Street Widths
Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street
or within the downtown district, street right-of-way and roadway widths shall not be less than the minimum
width described below. Where a range is indicated, the width shall be determined by the decision-making
authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council
may adopt by resolution, design standards for street construction and other public improvements. The
design standards will provide guidance for determining improvement requirements within the specified
ranges.) These are presented in Table 18.810.1.
The site is adjacent to Roy Rogers and Scholls Ferry Roads, which are classified as arterials. The applicant’s plans show
a 98-foot right of way section, however the ultimate ROW section shall be 102 feet thereby meeting the county
standard roadway section and the city section for the planter and sidewalk area . The applicant shall revise the
construction documents to provide for the 102 foot ROW section.
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SW Sabrina Avenue and SW Satsuma Avenue are proposed Neighborhood Routes. Proposed improvements conform
to the River Terrace Community Plan and provide for parking on both sides. SW Satsuma Avenue is along the west
side of the site and will be partially improved with a 32-foot paved width. SW Sabrina Avenue is narrowed at a creek
crossing by eliminating parking.
The local residential skinny street option is requested for SW Forest Hollow Street, Shadow Trail Street, SW Amelia
Street, SW Clementine Street, SW Pumpkin Valley Terrace, SW Apple Grove Terrace, SW Holly Ridge Lane and a
portion of SW Beach Plum Terrace. The proposed improvements are as required by Figure 18.810.4.B and allow
parking on both sides for streets with not more than 1,000 vpd. The submitted Traffic Analysis found that less than
1,000 vpd is expected for these streets. The request should be approved.
The Applicant has proposed alleys. Alleys are permitted along lots with frontage to a street. Lots 1 through 8 along
Calabash Terrace and lots 45 through 51 along Granita Lane do not have frontage to a street . Frontage may be
provided with a private street improved with a 20-foot paved width and a 5-foot sidewalk on one side.
18.810.030.F Future Street Plan and Extension of Streets
1. A future street plan shall:
a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan
shall show the pattern of existing and proposed future streets from the boundaries of the proposed
land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed
land division. At the applicant’s request, the city may prepare a future streets proposal. Costs of the
city preparing a future streets proposal shall be reimbursed for the time involved. A street proposal
may be modified when subsequent subdivision proposals are submitted.
b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 530 feet of the site.
2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be
extended to the boundary lines of the tract to be developed, and
a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sac since
they are intended to continue as through streets at such time as the adjoining property is developed.
b. A barricade shall be constructed at the end of the street by the property owners which shall not be
removed until authorized by the city engineer, the cost of which shall be included in the street
construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in
excess of 150 feet in length
A Future Connectivity Plan has been submitted showing the extension of all streets through the site . The
Neighborhood Route is extended for a future connection to the south.
18.810.030.H Street Alignment and Connections
1. Full street connections with spacing of no more than 530 feet between connections is required except
where prevented by barriers such as topography, railroads, freeways, pre-existing developments, lease
provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a regulated water feature if regulations
would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be extended
within the site to provide through circulation when not precluded by environmental or topographical
constraints, existing development patterns or strict adherence to other standards in this code. A street
connection or extension is considered precluded when it is not possible to redesign or reconfigure the
street pattern to provide required extensions. Land is considered topographically constrained if the slope
is greater than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street connection is not
possible. The applicant must show why the constraint precludes some reasonable street connection.
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Street extensions to SW Scholls Ferry Road and Roy Rogers Road are limited since they are arterial streets . To
provide connectivity, bike paths spaced at 330 feet have been provided. This criterion is met.
18.810.030.N Grades and Curves
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that
local or residential access streets may have segments with grades up to 15% for distances of no greater
than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
All proposed grades and radii meet these requirements. No adjustments are requested.
18.810.030.Q Access to Arterials and Major 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.
Local streets parallel to the arterials, SW Scholls Ferry Road and SW Roy Rogers Road, will avoid the need to
directly access the arterial streets, except at the proposed Satsuma Avenue intersection with Scholls Ferry Road.
18.810.030.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.
The Applicant has proposed alleys. Alleys are permitted along lots with frontage to a street. Lots 1 through 8
along Calabash Terrace and lots 45 through 51 along Granita Lane do not have frontage to a street . Frontage
may be provided with a private street improved with a 20-foot paved width and a 5-foot sidewalk on one side.
Section 18.810.030.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.
The southern portion of Beach Plum Terrace is a proposed private street. The terminus of the street must be as
approved by TVF&R.
18.810.040 Blocks
A. Block design
The length, width and shape of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient access, circulation, control and
safety of street traffic and recognition of limitations and opportunities of topography.
B. Sizes
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1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline
of the streets except:
a. Where street location is precluded by natural topography, wetlands, significant habitat areas or
bodies of water, or pre-existing development; or
b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads.
c. For nonresidential blocks in which internal public circulation provides equivalent access.
2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when
full street connection is exempted by paragraph 1 of this subsection B. Spacing between connections
shall be no more than 330 feet, except where precluded by environmental or topographical
constraints, existing development patterns, or strict adherence to other standards in the code. (Ord.
06-20; Ord. 02-33).
Perimeter of block measures less than 1600 lineal feet consistent with the standards in 18.660.080.
18.810.060 Lots
B. Lot frontage. Each lot shall abut upon a public or private street, other than an alley, for a width of at least
25 feet unless the lot is created through a minor land partition in which case 18.162.050.C applies, or
unless the lot is for an attached single-family dwelling unit, in which case the lot frontage shall be at least
15 feet.
As shown on the Preliminary Plat, each lot meets the minimum lot frontage requirement, except Lots 1-8 and
45- 51. This standard is not met. The applicant shall revise alleys to private streets in order to meet this standard.
18.810.070 Sidewalks
A. Sidewalks.
All industrial streets and private streets shall have sidewalks meeting city standards along at least one side
of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A
development may be approved if an adjoining street has sidewalks on the side adjoining the development,
even if no sidewalk exists on the other side of the street.
C. Planter strip requirements.
A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the
design of streets, except where the following conditions exist: there is inadequate right-of-way; the
curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities;
there are significant natural features (large trees, water features, significant habitat areas, etc.) that would
be destroyed if the sidewalk were located as required; or where there are existing structures in close
proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise.
Additional consideration for exempting the planter strip requirement may be given on a case-by-case
basis if a property abuts more than one street frontage.
Sidewalks on both sides are proposed for all internal public streets and the frontage of Roy Rogers Road.
18.810.090 Sanitary Sewers
A. Sewers Required
Sanitary sewers shall be installed to serve each new development and to connect developments to existing
mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and
Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive plan.
The Applicant’s plans indicate the construction of a regional pump station by CWS that will serve this site.
Prior to the issuance of building permits, the Applicant shall provide verification from CWS that the pump station
is operational and has adequate capacity for the intended service area.
The lines will be extended through the site for future extension.
18.810.100 Storm Drainage
A. General Provisions
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The director and city engineer shall issue a development permit only where adequate provisions for
stormwater and floodwater runoff have been made, and:
3. The storm water drainage system shall be separate and independent of any sanitary sewerage system;
4. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
5. Surface water drainage patterns shall be shown on every development proposal plan.
A Preliminary Stormwater Management Plan- June 5, 2015, describes the proposed improvements.
C. Accommodation of Upstream Drainage
A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the development, and the city engineer shall approve
the necessary size of the facility, based on the provisions of the current Clean Water Services Design and
Construction Standards for Sanitary and Surface Water Management.
Upstream drainage will be collected by proposed storm drains.
D. Effect on Downstream Drainage
Where it is anticipated by the city engineer that the additional runoff resulting from the development will
overload an existing drainage facility, the director and engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or until
provisions have been made for storage of additional runoff caused by the development in accordance with
the current Clean Water Services Design and Construction Standards for Sanitary and Surface Water
Two detention ponds on either side of Sabrina St. are proposed. Water quality will be provided by swales on the
perimeter slopes of the ponds. The TRUST model for continuous flow simulation was used to size the facilities.
18.810.110 Bikeways and Pedestrian Pathways
C. Minimum width.
1. The minimum width for bikeways within the roadway is five feet per bicycle travel lane.
2. The minimum width for multi-use paths separated from the road and classified as regional or
community trails in the Greenway Trail System Master Plan is 10 feet. The width may be reduced to
eight feet if there are environmental or other constraints.
3. The minimum width for off-street paths classified as neighborhood trails, according to the Greenway
Trail System Master Plan, is three feet.
4. Design standards for bike and pedestrian-ways shall be determined by the city engineer. (Ord. 12-13
§1; Ord. 11-04 §2; Ord. 09-09 §3; Ord. 02-33; Ord. 99-22)
A bike lane is proposed along the west side of Roy Rogers Road and both sides of the proposed neighborhood
route through the site. There are no other planned bikeways or pedestrian pathways. This requirement is met.
18.810.120 Utilities
A. Underground utilities. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed underground,
except for surface mounted transformers, surface mounted connection boxes and meter cabinets which
may be placed above ground, temporary utility service facilities during construction, high capacity
electric lines operating at 50,000 volts or above, and:
1. The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
2. The city reserves the right to approve location of all surface mounted facilities;
3. All underground utilities, including sanitary sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
B. Information on development plans. The applicant for a development shall show on the development plan
or in the explanatory information, easements for all underground utility facilities, and:
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1. Plans showing the location of all underground facilities as described herein shall be submitted to the
city engineer for review and approval; and
2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision
clearance areas for vehicular traffic.
C. Exception to undergrounding requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to
take place on a street where existing utilities which are not underground will serve the development
and the approval authority determines that the cost and technical difficulty of under-grounding the
utilities outweighs the benefit of undergrounding in conjunction with the development. The
determination shall be on a case-by-case basis. The most common, but not the only, such situation is
a short frontage development for which undergrounding would result in the placement of additional
poles, rather than the removal of above-ground utilities facilities.
2. An applicant for a development which is served by utilities which are not underground and which are
located across a public right-of-way from the applicant’s property shall pay the fee in-lieu of
undergrounding.
3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding
of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines.
All new utility lines shall be placed underground.
D. Fee in-lieu of undergrounding.
1. The city engineer shall establish utility service areas in the city. All development which occurs within
a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not
provide underground utilities, unless exempted by this code.
2. The city engineer shall establish the fee by utility service area which shall be determined based upon
the estimated cost to underground utilities within each service area. The total estimated cost for
undergrounding in a service area shall be allocated on a front-foot basis to each party within the
service area. The fee due from any developer shall be calculated based on a front-foot basis.
3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing
overhead utilities. The city engineer shall determine the amount of the credit, after review of cost
information submitted by the applicant with the request for credit.
4. The funds collected in each service area shall be used for undergrounding utilities within the city at
large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which
may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost
of each project. The list shall be submitted to the city council for their review and approval annually.
Relocation of existing utilities is not required. All new utilities must be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Traffic Study Findings:
Kittelson & Associates prepared a Traffic Impact Study, dated April 27, 2015 and amended June 8, 2015. The report
was initially prepared for West Hills development and amended for Polygon Northwest Homes. Based on the analysis
done by Kittelson the following is recommended:
• Roy Rogers Road should be widened, meeting half-street improvements, in accordance with Washington
County and City standards.
• Traffici signal timing modifications should be implemented at the Roy Rogers/175th Avenue/Scholls Ferry
Road intersection to maintain operating standards under year 2016 full build-out conditions.
• All movements at the interim site access on Scholls Ferry Road should be accommodated until alternative
access to Scholls Ferry Road is provided. At that time the interim access should be restricted to right-in/right-out via a
raised median.
• Interim site access onto Roy Rogers Road is discussed. However, the applicant intends to construct Polygon
NW with Polygon West, eliminating the need for the interim access. An interim access permit will not be provided.
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• Intersection sight distance should be provided at all local street intersections created as part of the
development.
Kittelson’s analysis concludes that the proposed neighborhood development can occur while maintaining acceptable
traffic operations and safety at the study intersections.
The applicant shall incorporate all of Kittelson’s recommendations into their construction documents for review and
approval, except there will be no interim access to Roy Rogers Road..
Washington County Department of Land Use and Transportation (LUT) staff provided comments and conditions in a
memo dated July 7, 2015. The memo covers the roadway sections and ROW dedication for Roy Rogers Road and
Scholls Ferry Road, the sight distance requirements, street lighting, recommendations in the Kittelson Traffic Impact
Study, dated April 27, 2015, and Facility Permit requirements.
The applicant shall comply with the recommended conditions by Washington County LUT, dated July 7, 2015.
Public Water System:
The applicant shall construct an 18 inch line along their frontage, for which they will receive SDC credits for the
difference between the 12 inch and 18 inch pipes, installed. They shall also extend an 18 inch line from the north end
of their frontage to the existing water line in Scholls Ferry Road at Roy Rogers Road. They will receive SDC credits for
the full amount of this section of pipe installation.
Storm Water Quality:
Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 07-20) 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.
The development is located in River Terrace Strategy A, which recommends a combined water quality and water
quantity facility. The applicant has submitted a stormwater report and has shown a combined facility on the plans.
The applicant shall resubmit stormwater calculations for the combined facility using the TRUST model with their City
of Tigard PFI application.
Regional stormwater facilities for water quality in River Terrace are required to be vegetated facilities and be integrated
with the site as a community amenity. The regional detention facilities shall be combined with the regional water quality
facilities whenever possible. The regional facilities should be multi-functional, providing passive recreation, mimic a
natural system, or provide active recreation. The City of Tigard & OTAK are currently developing design guidelines
for the regional stormwater facilities.
The applicant shall submit design plans for the combined stormwater facility meeting the City of Tigard’s Design
Guidelines prior to issuance of site permits. This submittal shall include a maintenance plan, in accordance with the
CWS design and construction standards, for the facility and must be reviewed and approved by the city prior to
issuance of site permits.
Clean Water Services (CWS) has provided comments in a letter to the City of Tigard, dated July 7, 2015. Prior to any
work on the site and plat recording a Clean Water Services Storm Water Connection Permit Authorization must be
obtained as detailed in the letter.
The applicant shall obtain a (CWS) Stormwater Connection Permit Authorization prior to issuance of the City of
Tigard PFI permit.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and
other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that will disturb one or more acre of land. Since this
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site is less than five acres, a NPDES 1200-CN 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 ensure that surface drainage is directed
to the street or a public storm drainage system approved by the Engineering Department. For situations where the
back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall
be provided to sufficiently contain and convey runoff from each lot.
The 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 in the April 27, 2015 report prepared by HGSI shall 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 site is over 5 acres in size, therefore an NPDES 1200-C permit is required.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. An addressing
fee in the amount of $50.00 per address shall be assessed. This fee shall be paid to the City prior to approval
of the final plat.
For this project as currently proposed, the addressing fee will be $11,600 (215 lots and 17 tracts X $50/address =
$11,600).
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or unnamed
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).
SECTION VII. OTHER STAFF COMMENTS
The City Police Department (Jim Wolf, 503-718-2561) reviewed the proposal and stated they have no objections
to it.
The City Public Works Department (Steve Martin, Parks and facilities manager, 503-718-2583) reviewed the
proposal and recommended that City Parks would support the community park design that includes Open Lawn
Play as shown on L4.02. A condition of approval will ensure plans show this enhancement and that Parks has an
opportunity to determine what improvement will be acceptable on dedication to the public.
The City Development Review Engineer (Contact Greg Berry, 503-718-2642) has reviewed the proposal and
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provided comment in a Memorandum dated June 25, 2015, included as attachments to this staff report. The
findings and conclusions in the Memoranda have been incorporated into this land use decision.
SECTION VIII. AGENCY COMMENTS
Washington County (Naomi Vogel, 503-846-7623) has reviewed the proposal and submitted a comment letter
dated July 7, 2015 including required conditions of approval. These findings and conditions have been included in
this staff report through required conditions of approval.
Clean Water Services has reviewed the proposal and issued a Service Provider Letter (CWS File No. 15-000811)
dated June 4, 2015 which describes on and off-site sensitive areas, encroachment into the vegetated corridor and
mitigation requirements. The application dated received June 23rd, shows a different lot and street configuration
than is represented in the SPL figures. Therefore, a new SPL may be required. A condition of approval will ensure
CWS conditions of the SPL are met. CWS also submitted a stormwater connection permit review letter dated July 7,
2015 with conditions of approval. The letter notes that the site must complete the annexation process for inclusion
into the CWS jurisdictional boundary in order for public sanitary or storm sewer services to be provided. A
condition approval of this staff report will ensure annexation occurs.
Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and submitted a
comment letter dated July 7, 2015 with conditions of approval with respect to access, water supply, hydrant
placement, and building access. A condition of approval of this staff report will implement the conditions of
TVR&Rs letter.
Attachments:
Exhibit 1 Zoning Map
Exhibit 2 Concept Plan
Exhibit 3 Preliminary Plat
Exhibit 4 Greg Berry, Memorandum dated June 25, 2015
July 13, 2015
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
July 13, 2015
APPROVED BY: Tom McGuire DATE
Assistant Community Development Director