MLP2015-00003 Decision - Parsons Partition NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2015-00003
PARSONS PARTITION TIGARD
120 DAYS = 4/12/2016
SECTION I. APPLICATION SUMMARY
FILE NAME: Parsons Partition
CASE NO.: Minor Land Partition (MLP) MLP2015-00003
Adjustment(ADJ) ADJ2015-00004
PROPOSAL: The applicant is requesting a minor land partition to partition the approximately 3.14-acre
site into three parcels. The resulting lots will be accessed from SW Cache Creek Lane and
153rd Avenue. One parcel will retain an existing dwelling and be of a size that could be
further divided in the future. Minimum density in the R-7 zone will be met with inclusion of
accessory residential units within single-family detached dwellings. The request also includes
a street improvement adjustment for curb tight sidewalks.
APPLICANT/ Gregory A. Parsons APPLICANT'S Tech.Engineering Corp.
OWNER: 15315 SW Bull Mountain REP: Attention:John Dejong
Road Tigard, OR 97224 PO Box 80483
Portland,OR 97280
ZONE
CLASSIFICATION/
COMPREHENSIVE
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 accessory
residential units,at a minimum lot size of 5,000 square feet,and duplexes,at a minimum lot
size of 10,000 square feet.Mobile home parks and subdivisions are also permitted outright.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 15315 SW Bull Mountain Road; Washington County Tax Map 2S108AB, Tax Lot 1100
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.710,
18.715, 18.745, 18.790, 18.795,and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
above request, subject to certain conditions of approval. The findings and conclusions on which the decision is based
are noted in Section V.
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY ONSIE IMPROVEMENTS,INCLUDING GRADING,
EXCAVATION AND/OR FILL ACTIVITIES:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans
that address the following requirements to the PLANNING DIVISION,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 ground disturbance work, the applicant shall submit an Arborist Report, Tree Preservation and
Removal Plan,and Tree Canopy Plan/Planting Plan that meet the requirements of Section 18.790.030.
2. Prior to any ground disturbance work, the project arborist shall perform a site inspection for tree protection
measures, document compliance/non-compliance with the Urban Forestry Plan and send written verification
with a signature of approval directly to the project planner within one week of the site inspection.
3. 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.
4. Prior to any ground disturbance work, the applicant shall work with the city's park manager to determine a
feasible access route and improvements necessary to provide a pedestrian connection between SW Cache Creek
Lane and Cach Nature Park.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans
that address the following requirements to DEVELOPMENT ENGINEERING, GREG BERRY (503) 718-
2468. The cover letter shall clearly identify where in the submittal the required information is found:
5. 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).
6. Prior to commencing site improvements, the Applicant shall submit the exact legal name, address and
telephone number of the individual or corporate entity who will be designated as the "Permittee", and who
will provide the financial assurance for the public improvements. For example, specify if the entity is a
corporation,limited partnership,LLC, etc. Also specify the state within which the entity is incorporated and
provide the name of the corporate contact person. Failure to provide accurate information to the
Engineering Department will delay processing of project documents.
7. Prior to 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.
8. Prior to commencing site improvements, the Applicant's City of Tigard Public Facility Improvement permit
and construction drawings shall indicate that full width street improvements, including traffic control
devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary
NOTICE OF DECISION MLP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 2 OF 21
sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the
interior subdivision streets. Requirements prior to commencing site improvements for specific streets are as
follows:
• SW Cache Creek Lane, a local street, shall be shown to have:
- Right-of-way dedication of 41 feet.
- Concrete curb or curb and gutter on both sides as needed
- Driveway approaches
- Storm Drainage
- 5-foot concrete sidewalk with 5-foot planter strip on the east side
- 5-foot soft path on the west side
- Street trees on east side
- Street light layout by Applicants engineer to be approved by city engineer
- Sewer and water line extension
- Street signs and traffic control devises
9. Prior to commencing site improvements, the Applicant shall obtain a (CWS) Stormwater Connection
Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to
CWS after preliminary review.
10. Prior to commencing site improvements, the Applicant shall provide an erosion control plan that includes
all on and off site work conforming to the "CWS Erosion Prevention and Sediment Control Design and
Planning Manual" (current edition) as part of the Public Facility Improvement (PFI) permit drawings.
11. Prior to commencing site improvements, the Applicant shall provide 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 Division. Grading plan shall include recommendations
stated in the January 7, 2015, Geotechnical Report prepared by Rapid Soil Solutions.
12. 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.
13. Prior to commencing site improvements, provide a profile of Cache Creek Lane for 300 feet beyond
proposed improved street.
14. Prior to commencing site improvements, any extension of public water line, hydrants and water services
shall be shown on the proposed Public Facility Improvement (PFI) permit and shall be reviewed and
approved by the City as a part of the Engineering Division 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.
15. Prior to commencing site improvements,provide stormwater report for runoff from street and lots.
16. Prior to commencing site improvements,pay stormwater quantity and quality fees.
17. Prior to commencing site improvements, the Applicant will be required to provide written approval from
Tualatin Valley Fire & Rescue for fire flow, hydrant placement and access.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans
that address the following requirements to the PLANNING DIVISION,ATTN: Gary Pagenstecher 503-718-
2434. The cover letter shall clearly identify where in the submittal the required information is found:
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18. Prior to final plat approval, the applicant shall revise the preliminary plat to show an acceptable public
pedestrian easement between SW Cache Creek Lane and Cach Nature Park.
19. Prior to final plat approval, the applicant shall include on the plat the requirement for inclusion of accessory
dwelling units within each new dwelling unit on partitioned lots consistent with the accessory dwelling unit
standards in Chapter 18.710.
Submit to the Engineering Department (Greg Berry, 639-4171,ext. 2468) for review and approval:
20. Prior to final plat approval, the Applicant shall pay an addressing fee in the amount of $100. (STAFF
CONTACT:Jeremy Hanson, 503-718-2467
21. Prior to final plat approval, 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.
• 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 Planner on Duty, at 503-
718-2421).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans
that address the following requirements to the PLANNING DIVISION,ATTN: Gary Pagenstecher 503-718-
2434. The cover letter shall clearly identify where in the submittal the required information is found:
22. Prior to issuance of building permits, the Applicant shall demonstrate compliance with the requirements of
their CWS Service Provider Letter.
23. Prior to issuance of building permits, the applicant shall provide a tree establishment bond that meets the
requirements of Urban Forestry Manual Section 11,Part 2.
24. Prior to issuance of building permits, the applicant shall submit the current Inventory Data Collection fee for
urban forestry plan implementation in Section 11,Part 3 of the Urban Forestry Manual.
Submit to the Engineering Department (Greg Berry, 503-718- 2468) for review and approval:
25. Prior to issuance of building permits, the Applicant shall provide the Engineering Department with a paper
copy of the recorded final plat.
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26. 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.
27. Prior to issuance of building permits, the Applicant shall submit a final sight distance certification for
Parcels 1 and 2.
28. 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 and approved water connections, 2) all local residential
streets shall be fully paved, 3) all pedestrian pathways are substantially complete, 4) any off-site utility
improvements are substantially completed, and 5) 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).
29. 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
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
NOTICE OF DECISION ML.P2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 5 OF 21
SECTION III. BACKGROUND INFORMATION
Property History:
A search of City records shows that the subject property was annexed into the city in 2013 (ZCA2013-00005).
According to County tax records, the subject property was developed with a single family dwelling in 1965 as Lot 2 of
Wonder View Estates. The Wonder View Estates Building, Use and Occupancy Restrictions (Washington County
record 2005-080878) restricts lot size to a minimum or 12,000 sf. for both partitioned and remainder lots. The three
proposed lots meet this minimum lot size restriction established under Washington County rules before the subject
property was annexed. A conflict with the city's minimum density for the R-7 zone is addressed in the Density
Computations section of this decision,below.
Site and Vicinity Information
The 3.14 acre site is located north of Bull Mt Road at the terminus of SW 135t Avenue. The property contains one
single-family home with various outbuildings. The primary home is to be retained. The site slopes downhill from an
elevation of 565 feet at the southwest corner to an elevation of 500 feet toward the northeast corner. Sensitive lands
exist along the eastern property boundary including steep slopes that lead to an off-site stream course. A mix of trees
dot the site around the exiting dwelling and along the property lines. Adjacent parcels are similarly zoned R-7, with
unincorporated Washington County to the south between the subject property and Bull Mt.Road.
Proposal Description
The applicant is requesting a minor land partition to partition the approximately 3.14-acre site into three parcels.
The resulting lots will be accessed from SW Cache Creek Lane and 153rd Avenue. The request also includes a street
improvement adjustment for curb tight sidewalks. One parcel will retain an existing dwelling and be of a size that
could be further divided in the future.
SECTION IV. PUBLIC COMMENTS
The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified
of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being
made. Notice of Type II Proposal was mailed December 14, 2015 to property owners within 500 feet of the subject
property and to interested parties.The city did not receive any written comments from neighbors or property owners.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.370.020.C. Special Adjustments.
9.Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as
governed by Section 18.390.040, the director shall approve, approve with conditions, or deny a request
for an adjustment to the street improvement requirements, based on findings that the following
criterion is satisfied: Strict application of the standards will result in an unacceptably adverse impact on
existing development, on the proposed development, or on natural features such as wetlands, bodies of
water, significant habitat areas, steep slopes or existing mature trees. In approving an adjustment to the
standards, the director shall determine that the potential adverse impacts exceed the public benefits of
strict application of the standards.
The minimum applicable street standard includes a 54-foot wide right of way with 32 feet curb to curb. Per Figure
18.810.5.B.-Skinny Street Option (detail shown on Sheet 2 of the Preliminary Plans), the applicant proposes a right
of way width of 41 feet,with curb to curb width of 24 feet, a 5.5-foot planter strip and a 5-foot wide sidewalk to the
east and north sides of the new right of way and a 5-foot-wide soft path to the west side with the existing row of
trees in the remaining area behind the soft path and the west boundary. The right of way will have an "Eyebrow
Corner" per Washington County Department of Land Use and Transportation, Engineering Section, Detail No.
2220, the detail is shown on Sheet 2 of the included Preliminary Plans.
If strict application of the standard is applied, the applicant cannot save the row of established trees (approximately
8" diameter) along the west boundary of the site. This tree row was retained to provide additional buffering to the
lots to the west; the plat of Brentwood Estates established a 15 foot wide easement with the plat to further provide
buffering between the sites. The existing placement of the street stub of SW Cashe Creek creates a future situation
of double street frontage lots with the development of the applicant's site. If the trees can be retained, with no
NOTICE OF DECISION MLP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 6 OF 21
vehicle access from those lots, retaining the trees will create relief for the east side of the lots of Brentwood Estates
and the new parcels of the subject a site that will face toward the street. Strict adherence also constricts the available
lot area for the new homes due to the delineated resource area east of the site.
FINDING: As shown in the analysis above, there is reason to consider alternatives to the strict application of
the street standards to relieve adverse impacts on existing development. The City Engineer can
approve the Skinny Street Option without an adjustment to reduce the right of way width. The City
Engineer can approve elimination of the landscape strip for the protection of existing trees pursuant
to 18.810.070.C. However, an adjustment is still required to approve a soft path in lieu of a concrete
sidewalk on the new street's west side, which is required by the Skinny Street Option in Figure
18.810.4.B.
Due to the through-lot configuration of the adjacent properties in Brentwood Estates and the
presence of existing trees, the Director can approve the proposed soft path because the strict
application of the standards would have an unacceptably adverse impact on existing development
and on natural features. Because the soft path still provides pedestrian access but in a manner
anticipating limited demand and allows protection of the existing trees that provide screening and
other benefits, the director can determine that the potential adverse impacts of strict application of
the standard exceed the public benefits. Therefore the adjustment is approved.
Land Partitions (18.420):
18.420.010 Purpose
The purpose of this chapter is to provide rules, regulations and standards governing approval of partitions.
18.420.020 Administration
Future re-division. When partitioning tracts into large parcels, the director shall require that the parcels be
of such size and shape to facilitate future re-partitioning of such parcels in accordance with the
requirements of the zoning district and this title.
The applicant proposes a three-lot minor land partition. Lots 1 and 2 are 12,000 square feet in size; Lot 3 is 110,000
square feet in size. The applicant's Preliminary Plat (Sheet 1) shows that Lot 3 is of such size and shape to facilitate
future partitioning in accordance with the requirements of the zoning district and this title, as described in the Density
Computations section,below. This requirement is met.
18.420.050 Approval Criteria
A.A request to partition land shall meet all of the following criteria:
1. The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of
conditions of approval. All necessary conditions must be satisfied as part of the development and building process.
Therefore,this criterion is met.
2. There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement
Standards). Based on the analysis provided in that section, staff finds that adequate public facilities are available to serve
the proposal. This criterion is met.
3. All proposed improvements meet City and applicable agency standards; and
All public improvements will be required to be built to city standard. This criterion is met.
4. All proposed lots conform to the specific requirements below:
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a. The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district.
The average minimum lot width required for the R-7 zoning district is 50 feet. As shown on the Preliminary Plat (Sheet
1), Proposed Lot 1 would be between 69 to 80 feet wide, and proposed Lot 2 would be approximately the same. The
remainder Lot 3 is approximately 235 feet wide.This requirement is met.
b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area calculation.
The minimum lot area requirement in the R-7 zoning district is 5,000 square feet for detached single-family units. The
proposed partition creates two 12,000 square foot lots and one 110,000 square foot lot. No flag lots are proposed. This
requirement is met.
c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15-foot wide access easement.
As shown on the Partition Plat (Sheet 1) the proposed lots have greater than 65 feet of frontage on the proposed
extension of SW Cache Creek Lane. This requirement is met.
d. Setbacks shall be as required by the applicable zoning district.
Setbacks are discussed under the Residential Zoning Districts section of this decision and are ensured during building
permit review. All lots have sufficient area that a home could be constructed and easily meet the setback requirements.
This requirement is met.
e. When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
No proposed lots are flag lots. This requirement does not apply.
f. A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
The proposed lots are large enough such that a driveway will not be within 10 feet of abutting Lot 7 of Brentwood
Estates. This requirement is met.
g. The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The proposal was referred to Tualatin `'alley Fire and Rescue and installation of a fire hydrant was not required.
This requirement is met.
h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which
will ensure access and maintenance rights shall be recorded with the approved partition map.
A common drive is not proposed. This requirement does not apply.
5. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and
Circulation.
This standard is addressed under the findings for Chapter 18.705 (Access, Egress and Circulation) later in this decision
and based on that analysis, this criterion is met.
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6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain,
the City shall require consideration of the dedication of sufficient open land area for greenway adjoining
and within the floodplain. This area shall include portions at 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 a floodplain and is located on top of Bull Mountain with the subject site
above 500 foot elevation. This criterion does not apply.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance
with Chapter 18.370, Variances and Adjustments. The applications for the partition and
variance(s)/adjustment(s)will be processed concurrently.
The applicant requested a street development adjustment with this proposal. As shown in the Variance and
Adjustments section of this decision above, the adjustment is approved.This criterion is met.
FINDING: As shown in the analysis above, the proposed minor land partition meets the applicable criteria of the
Land Partition Chapter.
Residential Zoning Districts (18.510):
Table 18.510.1 outlines uses permitted in residential zoning districts.
According to the use table,R-4.5 permits household living in single units,detached,as proposed.
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-7
Minimum Lot Size
-Detached unit 5,000 sq.ft.
-Duplexes
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft.
-Duplex lots 50 ft.
-Attached unit lots 40 ft.
Maximum Lot Coverage 80%
Minimum Setbacks
-Front yard 15 ft.
-Side facing street on corner&through lots 10 ft.
-Side yard 5 ft.]
-Rear yard 15 ft.
-Side or rear yard abutting more restrictive zoning district 30 ft.
-Distance between property line and front of garage 20 ft.
Maximum Height 35 ft.
Minimum Landscape Requirement 20%
FINDING: Based on the applicant's plans and narrative and as shown in the table above, the proposed lot sizes
and widths are met. The existing dwelling meets the applicable setbacks from proposed Lot 3
boundaries. The applicable development standards for the R-7 residential zone are met or can be
met easily when development occurs.
Access,Egress and Circulation (18.705):
Section 18.705.030.B requires site plans be presented for approval showing how access requirements are to be
fulfilled in accordance with this chapter.
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The application includes a Partition Plat (Sheet 1) for the proposed 3-lot partition showing how access is provided in
accordance with this chapter. This requirement is met.
Section 18.705.030.D states that all vehicular access and egress ... shall connect directly with a public or
private street approved by the City for public use and shall be maintained at the required standards on a
continuous basis.
Each of the proposed lots will have access to a public street, SW Cache Creek Lane. This requirement is met.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals
which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance
and deceleration standards as set by ODOT,Washington County,the City and AASHTO.
Access to the site is provided by the extension of SW Cache Creek Lane from SW 155`''Terrace, both local streets.
To provide adequate sight distance west, both of the proposed driveways should have sight along the full length of
SW Cache Lane. A final sight distance certification shall be provided prior to issuance of building permits.
The public street will be extended along Parcels 1 and 2. Extension along Parcel 3 will be deferred until
development of the lot. This requirement is met.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence area of
collector or arterial street intersections. Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial
street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the influence area, as determined
from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case
where a project has less than 150 feet of street frontage, the applicant must explore any option for shared
access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as
far from the intersection as possible.
No driveways are proposed within the influence area of a collector or arterial street. This requirement is met.
The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing
of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a
local street shall be 125 feet.
No driveways along a collector or arterial street or a local street along a local street are proposed. The spacing
between SW 155`x' Terrace and the east-west portion of Cache Lane is 130 feet. This requirement is met.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual
lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1 and 18.705.2.
TABLE 18.705.1
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
RESIDENTIAL USE (6 or fewer Min.Number of Min.Access Width Min. Pavement
units) Number Dwelling Unit/Lots Driveways Required Width
1 or 2 1 15' 10'
3-6 1 20' 20'
As shown in the Partition Plat (Sheet 1), the proposed lots have sufficient frontage to accommodate the minimum
access requirements for detached dwellings on individual lots.The requirements of Table 18.705.1 are met.
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FINDING: Based on the analysis above, the applicable Access, Egress and Circulation requirements are met.
Accessory Residential Units (Chapter 18.710)
18.710.020 Standards
B. Limitations. An accessory residential unit is permitted providing there is compliance with all of the
following standards:
1. An accessory residential unit may be created within or as an addition to a detached single- family
dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the
primary residence.A garage may not be converted to an accessory residential unit unless it is rebuilt as
part of the primary structure;
The applicant proposes the future accessory dwelling unit will be within the primary structure.
2. An accessory residential unit may not exceed 50% of the size of the primary unit, up to a maximum
of 800 square feet;
The applicant proposes that the future accessory dwelling unit will be no more than 800 square feet and that the
primary structures will be approximately 2800 to 3800 square feet.
3. The number of residents permitted to inhabit the accessory residential unit is regulated by the state
building code;
4. Either the primary or accessory residential unit must be owner-occupied;
5. A primary residence in which an accessory residential unit has been created may have only one
home occupation;
The applicant states that standards 3 - 5 above are pertinent to the future use of the primary and accessory dwelling
units. It is expected that the future lot owners will comply with these requirements.
6. In addition to the number of parking spaces required for the primary residence, as established in
Chapter 18.765, one parking space shall be provided for the accessory residential unit.
This parking space shall be paved and/or covered;
The applicant proposes an additional parking space for the accessory units in the driveway on each lot.
7. The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door is already existing;
The applicant states that the front door for the Accessory unit is anticipated to be to the side yard of the primary
structure.
8. There shall be compliance with all development standards established in the base zone.
The applicant states that the proposed primary and accessory dwelling units bring the subject site into compliance
with the required density of the R7 base zone.
FINDING: Accessory residential units are permitted in the R-7 zone subject to the standards above in Chapter
18.710. In this case, to meet density standards of the R-7 zone and to comply with the Wonder View
Estates Building, Use and Occupancy Restrictions minimum lot size of 12,000 sq. ft., the applicant
proposes including accessory residential units within each of the new homes developed on the
proposed parcels. Meeting the above standards will be ensured at the time of building permits for
proposed Parcels 1 and 2 created with this partition. Future subdivision of Parcel 3 will also require
inclusion of accessory dwelling units. These standards can be met.
NOTICE OF DECISION 1\ILP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 11 OF 21
Density Computations (18.715):
The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for
determining the number of dwelling units permitted.
18.715.020 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by subtracting
the following land area(s) from the total site acres:
1. All sensitive land areas:
a. Land within the 100-year floodplain,
b. Land or slopes exceeding 25%,
c. Drainage ways, and
d. Wetlands,
e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard
"Significant Tree Grove Map" or "Significant Habitat Areas Map";
According to the applicant's materials, there are 0.74 acres (32,234 sf.) in steep slopes exceeding
25%
2. All land dedicated to the public for park purposes;
No public parks are proposed.
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;
Gross acreage is 3.14 acres. 20°%o of 3.14 acres for proposed and future public row =0.62 acres (27,007 sf)
4. All land proposed for private streets; and
No private streets are proposed.
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.
As shown on the Preliminary Plat (Sheet 1), an existing dwelling will remain on the proposed Parcel 3. The
applicant identifies this parcel containing 110,000 square feet. However, that area also includes sensitive areas and
future right of way area already being deducted. Therefore, a lot of at least the size required in the base zone will be
deducted or 5,000 sf.
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.
The density is calculated as follows:
Gross Site Area 136,778 sf. (3.14 acres)
Sensitive Lands - 32,234 sf. (0.74 acres)
Lot for Existing Home -5,000 sf.
Public row dedication (20%) - 27,007 sf. (20%o of 3.14 acres)
Net Site Area 72,537 sq. ft.
The resulting net development area is 72,537 square feet. This area divided by the minimum lot size for the zone
(5,000 sf.), shows the maximum number of additional lots permitted on this site is 14.5, or 14 lots.
NOTICE OF DECISION :III.,P2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 12 OF 21
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of units
determined in subsection B of this section by 80% (0.8).
Based on the maximum number of lots being 14 as shown above, the minimum number of additional lots is 11
(14 x .8).
FINDING: As shown in the calculations above, the maximum number of lots on the subject property is 14
and the minimum number of lots is 11. The applicant proposes to partition the subject property into
three (3) lots with this application to facilitate the sale of two lots and retention of the existing
dwelling on Lot 3. To determine whether the proposal meets minimum density requirements for the
property as a whole, a demonstration that future division of Parcel 3 can provide an additional nine
lots is warranted.
Pursuant to 18.420.020.D, the applicant was asked to submit evidence to demonstrate that Lot 3 is of
such size and shape to facilitate future partitioning in accordance with the requirements of the zoning
district and this title. The applicant did not provide the information. This issue is relevant because the
Wonder View Estates Building, Use and Occupancy Restrictions (Washington County record 2005-
080878) restricts lot size to a minimum or 12,000 sf. for both partitioned and remainder lots. The two
proposed lots meet this minimum at 12,000 sf. each, but it is unclear whether the remainder parcel
can be divided to meet minimum density. Given the density calculation above, the remainder parcel
would need to be divided into a minimum of 9 lots of 12000 sq. ft. each for a total of 108,000 square
feet. Since the Preliminary Plat shows only 110,000 sf. in Parcel 3 including right of way and sensitive
areas,the density could not be met.
Brentwood Estates to the west, formerly Lot 1 of Wonder View Estates, had to address this same
issue. In that case, the city determined that Wonder View requirements created an reasonable
expectation for a future development pattern that needed to be preserved. In that case in order to
meet minimum density the city required that each parcel created include a requirement for an
accessory residential unit subject to standards in 18.710. Applying this to the subject request, a
minimum of six lots total or an additional 4 lots could accommodate the required density (11dwelling
units) with inclusion of accessory dwelling units. The applicant's narrative states it is their intention to
meet minimum density with accessory dwelling units included in proposed house plans. Therefore, to
ensure minimum density is met, the applicant shall include accessory dwelling units within each new
dwelling on partitioned lots,consistent with the accessory dwelling unit standards in Chapter 18.710.
CONDITION: Prior to final plat, the applicant shall include on the plat the requirement to include accessory dwelling
units within each new dwelling on partitioned lots, consistent with the accessory dwelling unit
standards in Chapter 18.710.
Landscaping and Screening (18.745):
18.745.040 Street Trees
A. Street trees shall be required as part of the approval process for Conditional Use (Type III), Downtown
Design Review (Type II and III), Minor Land Partition (Type II), Planned Development (Type III), Site
Development Review(Type II) and Subdivision (Type II and III) permits.
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:
NOTICE OF DECISION M22015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 13 OF 21
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.
FINDING: These standards are applicable to Minor Land Partitions (Type II). Street trees are shown in detail on
the Landscape and Street Tree Plan (Sheet L 0; street trees are labeled on the plan as Trees 1- 5. New
trees are to be planted every 40 feet (or less for Trees 2 and 3). Installation of the street trees, including
soil volumes, will be according to the street tree planting standards in the Urban Forestry Manual, and
those standards were applied by the Landscape Architect, Gretchen Viulnis, LA.The street trees will be
planted within the right of way planter strip. The street tree standards are met.
Urban Forestry Plan (18.790):
18.790.020 Applicability
The requirements of this chapter apply to the following situations:
A. The following land use reviews:
1. Conditional use (Type III); 2. Downtown design review (Type II and III); 3. Minor land partition (Type
II);4. Planned development(Type III);5. Sensitive lands review(Type II and III);6. Site development review
(Type II); and 7. Subdivision (Type II and III).
18.790.030 Urban Forestry Plan Requirements
A. Urban forestry plan requirements.An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person
that is both a certified arborist and tree risk assessor (the project arborist), except for minor land
partitions that can demonstrate compliance with effective tree canopy cover and soil volume
requirements by planting street trees in open soil volumes only;
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.
FINDING: Urban Forestry Plan requirements are applicable to the proposed minor land partition. The applicant
has submitted an Existing Tree Survey (Sheet 5) but not an Arborist Report, Tree Preservation and
Removal Plan, or Tree Canopy Plan/Planting Plan. With the following condition of approval these
requirements are met.
CONDITION:
Prior to any ground disturbance work, the applicant shall submit an Arborist Report,Tree Preservation
and Removal Plan, and Tree Canopy Plan/Planting Plan that meet the requirements of Section
18.790.030.
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.
NOTICE OF DECISION M LP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 14 OF 21
FINDING: The applicant's proposal does not address tree establishment, but states compliance with Urban
Forestry standards be met with the subsequent intended subdivision of the subject property. The
Urban Forestry Manual Section 11, Part 2 requires a tree establishment bond prior to any ground
disturbance. The minor land partition includes the planting of five street trees to meet the street tree
standards. A condition shall require the tree establishment bond prior to final plat approval.
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.
FINDING: The applicant's proposal does not address urban forest inventory but states compliance with Urban
Forestry standards be met with the subsequent intended subdivision of the subject property. 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 forestay plan.A condition shall require tree inventory fees be paid prior to final plat approval.
Visual Clearance Areas (18.795):
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the
corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway
providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding
three feet in height, measured from the top of the curb, or where no curb exists, from the street center line
grade, except that trees exceeding this height may be located in this area, provided all branches below eight
feet are removed.
FINDING: The Preliminary Plat (Sheet 1) shows the clear vision area of the intersection of SW Cache Creek Lane
with the future connection to SW 153'`'Avenue. Driveway connections with SW Cache Creek Lane will
be addressed at the time of building permit review. This standard is met.
Street and Utility Improvements Standards (18.810)
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets,sewers, and drainage. The applicable standards are addressed below:
18.810.030 Streets
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a local street to have a 54-foot
right-of-way width and 32-foot paved section. Other improvements required may include on-street parking,
sidewalks and bikeways,underground utilities, street lighting, storm drainage,and street trees.
The applicant has requested use of the Skinny Street Option in 18.810.4.B and a curb tight soft path in lieu of a
concrete sidewalk. The City Engineer can approve the Skinny Street Option in lieu of the residential street section and a
curb-tight path by eliminating the planter strip to protect a large grove of trees (18.810.070.C). An adjustment is
necessary for the requested soft path to further avoid a conflict with existing trees. As shown in the findings above in
the Adjustments section of this decision, the adjustment can be approved. This standard is met.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed
which shows the pattern of existing and proposed future streets from the boundaries of the proposed land
division. This section also states that where it is necessary to give access or permit a satisfactory future
division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not
considered to be cul-de-sacs since they are intended to continue as through streets at such time as the
NOTICE OF DECISION AILP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 15 OF 21
adjoining property is developed. A barricade shall be constructed at the end of the street by the property
owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
The proposed driveway is less than 150 feet in length so a turnout is not required.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530 feet between
connections is required except where prevented by barriers such as topography, railroads, freeways, pre-
existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1,
1995 which preclude street connections. A full street connection may also be exempted due to a regulated
water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which abut a
development site shall be extended within the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign,
or reconfigure the street pattern to provide required extensions. Land is considered topographically
constrained if the slope is greater than 15% for a distance of 250 feet or more. In the case of environmental
or topographical constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some reasonable street
connection.
The area surrounding the site is fully developed and includes a sensitive area leaving no opportunity for a street
extension other than the continuation of Cache Creek Lane to the south, connecting to SW 153` Avenue.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on
collector streets, or 12% on any other street (except that local or residential access streets may have segments
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
There are no arterials or collector streets within the development. The grade of the proposed street does not exceed
12%. This requirement is met.
The applicant shall provide an extended centerline profile of Cache Creek Lane for 300 feet beyond proposed
improvements. This shall be included in the Applicant's PFI submittal.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due regard to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800
feet measured along the right-of-way line except:
• Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-
existing development or;
• For blocks adjacent to arterial streets, limited access highways,major collectors or railroads.
• For non-residential blocks in which internal public circulation provides equivalent access.
The proposed minor land partition shows a short extension of SW Cache Creek Lane into the subject parcel and a
future through connection to SW 153rd Avenue. Together with 155th Terrace and SW Bull Mt Road, the block perimeter
would be approximately 2,500 lineal feet. The 1,800-foot limitation cannot be met on the site because of the natural
topography of the site. Steep slopes and natural areas are adjacent to the property. This standard is met.
NOTICE OF DECISION ITP2015-00003,AD12015-00004,PARSONS PARTITION PAGE 16 OF 21
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-
ways shall be provided when full street connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or topographical constraints, existing
development patterns, or strict adherence to other standards in the code.
The applicant's narrative does not address this standard. Pedestrian access to the Cach Natural Area, which abuts the
subject property to the north was required of the Brentwood Estates development approximately 260 feet to the west.
Where the street connection for Cache Creek Lane to the east or north is precluded by topography, a pedestrian
connection to the natural area must be considered.
As a condition of approval the applicant shall work with the city's park manager to determine a feasible access route and
improvements necessary to provide a pedestrian connection. The applicant shall revise the preliminary plat to show an
acceptable public pedestrian easement and build the path.As conditioned, this standard is met.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average
lot width,unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district.
The subject 12,000 sq. ft. parcels and parent parcel (Parcel 3) are greater than 1.5 times the minimum lot size or 7,500
sq. ft. (5000 sq. ft. x 1.5). Therefore this standard applies. The lot depth is not 2.5 times greater than the average lot
width for each of the three proposed parcels.This standard is met.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,which requires a parcel to
either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases
where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet.
Each of the proposed parcels have frontage greater than 25 feet, as shown on the Preliminary Plat (Sheet 1). This
standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
Sidewalks will be installed on both sides of the street. The sidewalk will be a soft path along the west side to preserve
the trees, as approved under the Adjustments section of this decision.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the provisions set forth in
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 1996 and including any future revisions or amendments) and the adopted policies of the
comprehensive plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional
development within the area as projected by the Comprehensive Plan.
The extension of an existing sewer in SW Cache Creek Lane will provide service to Parcel 1 and 2. The extension of
the line to the end of proposed public street improvement is shown. This criterion is met.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and
flood water runoff.
NOTICE OF DECISION M1LP2015-00003,.-\DJ2015-00004,PARSONS PARTITION PAGE 1-7 OF 21
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility
shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside
or outside the development. The City Engineer shall approve the necessary size of the facility, based on the
provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
The applicant's plans indicate runoff from the new public street section will surface flow to the existing catch basin in
Cache Creek Lane.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resulting from the development will overload an existing drainage facility, the
Director and Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional runoff
caused by the development in accordance with the Design and Construction Standards for Sanitary and
Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments
institute a stormwater detention/effective impervious area reduction program resulting in no net increase in
storm peak flows up to the 25-year event. The City will require that all new developments resulting in an
increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent
to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted
to discharge without detention.
The applicant shall submit a stormwater report indicating the amount of runoff from the street directed to existing
water quality facilities in the adjacent development. The report needs to show the existing facility has capacity for this
additional runoff. The report also needs to include calculations and details for the LIDA facilities on the two lots, if
proposed.A fee in-lieu of providing detention and water quality is allowed.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on
the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or right-of-way.
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five
feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet.
No bikeways are proposed in this area.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television services and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000
volts or above,and:
• The developer shall make all necessary arrangements with the serving utility to provide the underground
services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities,including sanitary sewers and storm drains installed in streets by the developer,
shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
NOTICE OF DECISION ILP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 18 OF 21
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.
There are no overhead utilities along the site.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
Provide Tualatin Valley Fire and Rescue approval of adequate fire hydrants and spacing requirements.
Public Water System:
An existing 8-inch line in SW Cache Creek Lane will be extended to provide service.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 07-20) which
require the construction of on-site water quality facilities. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created
impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
The applicant has stated they will be providing LIDA facilities for treatment on the individual lots. However, the
proposed development is not of sufficient size to require water quality treatment. A fee-in-lieu will be required.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and
other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES)
erosion control permit be issued for any development that will disturb one or more acre of land. Since this
site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to
construction. This permit will be issued along with the site and/or building permit.
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 Division.
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.
A Geotechnical Report was prepared by Rapid Soil Solutions, dated January 7, 2015. The recommendations of this
report shall be incorporated into the site work and building phases of this project.
NOTICE OF DECISION MILP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 19 OF 21
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 plat approval.
For this project,the addressing fee will be$100.00 (2 lots X$50 = $100.00).
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 VI. OTHER STAFF COMMENTS
Tigard Police Department has reviewed the proposal and has no objection.
Tigard Public Works Department (Steve Martin, Parks Manager 503-718-2583) has reviewed the proposal, and
commented that a pedestrian connection to Cache Nature Park is desirable. As a condition of approval the applicant
shall work with the city's park manager to determine a feasible access route and improvements necessary to provide a
pedestrian connection.The applicant shall revise the preliminary plat to show an acceptable public pedestrian easement.
Tigard Development Engineering has reviewed the proposal and provided a Memorandum, dated January 19, 2016.
The findings and conclusion of the Memorandum have been included in the body of this decision and the
Memorandum is attached to this decision as Exhibit C.
SECTION VII. AGENCY COMMENTS
Clean Water Services (CWS) has reviewed this proposal. Development within sensitive areas and vegetated corridors
(including partitioning of land) must meet the requirements of CWS Design and Construction Standards (R&O 07-20).
The applicant obtained a CWS Service Provider Letter (SPL #14-001961) dated March 3, 2015 finding that sensitive
areas appear off site, and since no encroachment is proposed, no onsite mitigation is required. Typically, the VC
corridor extends 35 feet for the break in slope,but may be 15 feet if a stamped geothech report confirms stable slopes.
The applicant's geotech report by RSS dated January 7, 2015 confirms slopes are stable. The SPL requires fencing and
signage at the VC line. In addition, CWS submitted a comment letter, dated December 31, 2015 outlining the
requirements to obtain a Storm Water Connection Permit Authorization. This authorization is required prior to any
site work or partition plat recording. A copy of both CWS letters can be found in the land use file (MLP2015-00003).
The City of Tigard and CWS have an intergovernmental agreement stating that the City will ensure implementation of
CWS Design and Construction Standards; therefore this minor land partition approval is conditioned to satisfy CWS
requirements.
Tualatin Valley Fire and Rescue (TVF&R) has reviewed the proposal and provided a comment letter,dated January
13,2016,stating they endorse the proposal predicated on certain criteria and conditions contained in the letter.
Washington County Land Use and Transportation reviewed and commented on the proposal that they have no
objections based on the city street access and too few trips generated to warrant a traffic study.
Exhibits: A. Vicinity Map
B. Preliminary Plat
NOTICE OF DECISION MLP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 20 OF 21
C. Memorandum from Greg Berry,Development Review Engineer,dated January 19,2016
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 4,2016 AND
EFFECTIVE ON FEBRUARY 25,2016 UNLESS AN APPEAL IS FILED.
Areal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise
adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in
accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written
appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice
of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal
hearing,subject to any additional rules of procedure that may be adopted from time to time by the appellate body.
I THE DEADLINE FOR FILING AN APPEAL IS 4:00 PM ON FEBRUARY 24,2016. I
Questions:
If you have any questions,please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,
Tigard, Oregon at(503) 718-2434.
pi,....7
LFebruary 4,2016
PREPARED B)67:—/ Gary Dagenst cher DATE
Associate Planner
R JG f '- '-'-e-‘"( February4,2016
APPROVED BY: Tom McGuire D .E
Assistant Community Development Director
NOTICE OF DECISION MLP2015-00003,ADJ2015-00004,PARSONS PARTITION PAGE 21 OF 21
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