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Hearings Officer Packet - 07/16/1992 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. • CITY OF TIGARD Washington, County NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case Number(s) :SUB 92-0005/PDR 92-0003/VAR 92-0010/ SLR 92-0002 2. Name of Owner: Quaestor Name of Applicant: Matrix Development Corporation 3. Address 7160 SW Hazelfern Road City Tigard State OR Zip 97224 4. Address of Property: Southwest corner of 121st Avenue and Gaarde Street Tax Map and Lot No(s). : 2S1 3CC, tax lot 401 and 2S1 4 tax lot 1400 5. Request: A request for approval of the following development applications: 1) Subdivision preliminary plat/Planned Development conceptual plan approval to divide a 33.8 acre parcel into 64 lots ranging between 7,000 and 21,950 square feet in size; 2) Variance approval to allow a 14 percent grade for a 200 foot section of a proposed local street whereas Code Section 18.164.030 (M) (1) limits the grades of local streets to 12 percent; 3) Sensitive Lands Review approval to allow grading, road construction, and home construction on lots in excess of 25 percent gradient and to allow utility construction within a drainageway. APPLICABLE APPROVAL CRITERIA: Community Development Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.160, and 18.164; Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Zone: R-4.5 (PD) (Residential, 4.5 units/acre, Planned Development) The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary uses, residential fuel tanks, and accessory structures among other uses. 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. --Final Decision: THE DECISION SHALL BE FINAL ON July 16, 1992 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 ppm. July 16, 1992 10. 9uestions: If you have any questions, please call the City of Tigard Planning Department, 639-4171. • CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 92-04 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH INCLUDES FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A 64 LOT SUBDIVISION/PLANNED DEVELOPMENT FOR A 33.8 ACRE SITE. THE REQUESTS ARE MADE BY MATRIX DEVELOPMENT. The Tigard Planning Commission has reviewed the above-described applications at a public hearing on June 22, 1992. The Commission has based its decision on the facts, findings, and conclusions noted below. I. SUMMARY OF THE REQUEST CASE: VISTA POINT SUBDIVISION Subdivision SUB 92-0005 Planned Development Review PDR 92-0003 Sensitive Lands Review SLR 92-0002 Variance VAR 92-0010 SUMMARY: The applicant requests Subdivision preliminary plat/Planned Development conceptual plan approval to divide a 33.81 acre parcel into 64 lots ranging in size between approximately 7,000 and 21,950 square feet. Two private open space tracts totalling 6.78 acres would also be created. Sensitive Lands Review approval is requested to allow home construction, road development, and utility construction on slopes in excess of 25 percent and to allow utility construction within a drainageway. A Variance has been requested to Community Development Code Section 18.164.030.M.1 to allow an approximately 200 foot long stretch of a proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. APPLICANT/OWNER: Matrix Development 7160 SW Hazelfern Road Tigard, OR 97224 ADDITIONAL OWNER: Quaestor, Inc. 1990 SW Bundy Avenue, Suite 725 Los Angeles, California 90025 REPRESENTATIVE: OTAK Inc. (David Bantz) 17355 SW Boones Ferry Road Lake Oswego, OR 97035 PLAN DESIGNATION: Low Density Residential ZONING: R-4.5(PD) (Residential, 4.5 units/acre, Planned Development Overlay) LOCATION: West of the intersection of SW 121st Avenue and SW Gaarde Street. (WCTM 2S1 3CC Tax Lot 401 and eastern portion of WCTM 2S1 4 Tax lot 1400) . FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 1 APPLICABLE LAW: Community Development Code Chapters 18.50, 18.80, 18.84, 18.88, 18.92, 18.150, 18.160, 18.162, 18.164 and Comprehensive Plan Policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. DECISION: Approval of the Subdivision/Planned Development requests as well as the Variance and Sensitive Lands Review requests associated with the Subdivision preliminary plat. Approval is subject to several conditions of approval listed at the end of this order. II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape: Tax lot 401 is 7.7 acres and has approximately 330 feet of frontage along SW Gaarde Street. The property extends approximately 805 feet to the west. Tax lot 1400 is immediately west of tax lot 401. Tax Lot 1400 includes 40 acres in a square shape. The proposed subdivision would include approximately the eastern two-thirds of tax lot 1400, as well as all of tax lot 401. B. Site location: The site extends westward from the intersection of SW 121st Avenue and SW Gaarde Street. The northeastern-most portion of the proposed subdivision is approximately 450 feet east of Benchview Estates Subdivision and the present terminus of SW 132nd Avenue. C. Existing uses and structures: The site is presently vacant. Tree cover consisting of a mixture of evergreen and deciduous species is found on the western half of the site. Meadow and orchard land occupies most of the eastern half of the site. The applicant's exhibit 3 (last page of the applicant's statement booklet) includes a tree inventory for areas that would be directly affected by the development proposal. D. Topography and drainage: The property slopes generally from the south to the north. The steepest slopes occur in the south to north ravine in the center of Tax Lot 1400. Grades in these areas are approximately 40 percent. Grades on the remainder of the site are in the 2 percent to 25 percent range. (See applicant's site analysis map at exhibit B) . E. Surrounding land uses: The areas to the east and northeast of the site are generally single family homes on lots larger than the minimum lot sizes of their zones, although limited redevelopment potential exists in these areas at this time due to the lack of sanitary sewers in this area. The western half of tax lot 1400 is a rather steep property that is heavily wooded. The Planning Commission has previously approved a separate subdivision application (SUB 91-0009) for a 52 lot subdivision on the western half of tax lot 401 (Mountain Highlands subdivision) . No development activity is occurring on this property. The Benchview Estates subdivision, phases I FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 2 • and II (to be developed) are further west. Large parcels that are generally undeveloped lie to the north. F. Plan designation and zoning: All surrounding properties are designated for Low Density Residential development by the Comprehensive Plan map. Properties to the north and northeast are within Washington County, but are within the City of Tigard's area of interest for planning purposes. Existing zoning of surrounding properties is illustrated on the vicinity map attached to this report. G. Proposed use: The applicant proposes to subdivide the site into 64 single family residential lots ranging in size from 7,000 square feet to 21,950 square feet as shown on Exhibit A. Two development phases are proposed: 35 lots in phase I and 29 lots in phase II. In general, the smaller parcels are located along the eastern edge of phase II (lots 24-34). The applicant proposes leaving the steep ravine areas on tax lot 4100 as private open space area (Tracts A and B) . The only disturbances proposed in these areas are for sanitary and storm sewer construction. H. Public service and utilities: The preliminary utility plan (applicant's exhibit D) proposes that the subdivision be served by development of a water main network from the existing water main at the intersection of SW 121st Avenue and SW Gaarde Street and another main on the southern edge of the site. Public storm sewers are proposed within the streets throughout the proposed subdivision with four separate outlets, including one outlet to the existing ditch on the south side of Gaarde Street east of the proposed subdivision. Na treatment of storm drainage is proposed. Sanitary sewers are proposed to be extended through the site from 1) an existing sewer in Gaarde Street (this extension is proposed to serve proposed lots 1-15 and 58-60) and 2) from a planned but as yet to be constructed sewer to extend from the northern edge of the site to an existing sewer in SW Walnut Street (this sewer is proposed to serve the remainder of the proposed lots) . ExhibitD illustrates possible future extensions of this sewer within proposed Tract .0 to serve other nearby properties. I. Access and nearby streets: The proposed development would be provided with access from an extension of SW Gaarde Street from its intersection with SW 121st Avenue. Jurisdiction for SW Gaarde Street lies with both the City of Tigard and Washington County. SW Gaarde is functionally classified as a major collector street. Current pavement on Gaarde is approximately 24 feet in width from this point eastward to SW Pacific Highway. No sidewalks are provided along SW Gaarde and streetlights are few. There are no current plans for widening or improvements to SW Gaarde Street in the near future other than the current project for realignment of Gaarde with SW Pacific Highway and improvements in the area of that intersection. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10. VISTA POINT PAGE 3 • SW 121st Avenue abuts the subject property for approximately 330 feet along the property's eastern side. SW 121st Avenue in this area is under the jurisdiction of Washington County. SW 121st Avenue is also a major collector street with approximately 24 feet of pavement, open ditches, few streetlights, and no sidewalks. There are no current plans for widening or improvements to this section of SW 121st Avenue. In general, the proposed subdivision would consist of a local street paralleling the collector street extension of SW Gaarde, with two streets stubbed to the property to the north and east. In addition, four lots would be located off of an eyebrow street widening on the west side of the Gaarde extension. The proposal also includes stubbing the Gaarde Street extension at the western end of phase I, although right-of-way would be dedicated for the further extension of this street. Right-of-way would be rough graded for street construction in areas abutting lots 46-52. Preliminary street sections on exhibit D indicate that local streets within the subdivision would be fully developed with 34 feet of pavement. The proposed SW Gaarde extension would include 40 feet of pavement. The applicant's statement indicates that the streets within the proposed development will be developed consistent with the standards of Community Development Code Chapter 18.164, except that a variance has been requested to Community Development Code Section 18.164.O30.M.1 to allow an approximately 200 foot long stretch of a proposed local street to have a gradient of approximately 14 percent whereas the Code permitted maximum grade for local streets is 12 percent. The portion of street for which the variance is requested is the proposed north-south local street abutting lots 16, 17, and 20-21. The applicant's statement at Section VI addresses the subdivision variance criteria of Code Section 18.160.120. J. Previous applications affecting this parcel: Two separate subdivision applications were submitted in the fall of 1990 for development of both parcels involved in the current application, as well as an adjacent parcel to the west (SUB 90-0011/PDR 90-0007 and SUB 90-0012/PDR 90-0008) . Both applications were withdrawn prior to hearings on the requests. In September 1991, the Planning Commission approved the subdivision plan for the 52 lot Mountain Highlands subdivision on the western portion of tax lot 1400. That decision also approved the partitioning of tax lot 1400 into two parcels: the area involved in the Mountain Highlands subdivision and the area involved in the current subdivision application. Neither the partition or subdivision plats have yet been recorded. III. APPLICABLE APPROVAL STANDARDS The approval criteria for a Planned Development are found at Code Section 18.80.120. The approval standards for a preliminary subdivision plat are listed at Code Section 18.160.060.A. The hearings authority may grant variances to Community Development Code standards if the variance approval criteria of Code Section 18.160.120.B are satisfied. In addition, the proposal must also be found to be consistent with the development standards of the following Code Chapters: Chapter 18.50 (R-4.5 zone) ; Chapter 18.88 (Solar Access Requirements); Chapter 18.92 (Density Computations) ; Chapter 18.150 (Tree Protection) ; and Chapter 18.164 (Street and Utility Improvement Standards) . Standards of other Community Development Code chapters may apply to subsequent development of the subject site FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 4 but are not applicable to the current review. Comprehensive Plan policies 2.1.1, 3.1.1, 3.4.2, 3.5.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3 also apply to the review of this development proposal. The approval criteria for Sensitive Lands Review approval relative to development or landform modifications on slopes of 25 percent or greater are listed at Code Section 18.84.040.B. IV. NPO & AGENCY COMMENTS 1. Both SW 121st Avenue and SW Gaarde Street adjacent to the site are under the jurisdiction of Washington County. The County's Department of Land Use and Transportation has reviewed the request and recommends that approval of this subdivision proposal be conditioned upon the following: A. The proposed collector road shall be constructed pursuant to Section C.4.a., b., c., d., and e. of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard. B. Prior to Final Approval/Issuance of a Building Permit: 1. The applicant shall submit an Access Report per Washington County Resolution and Order 86-95. The County will review this study and condition any necessary improvements prior to final approval. Contact Doug Norval, County Traffic analyst for specific questions regarding the Access Report. 2. The applicant shall dedicate additional right-of-way to provide 33 feet from centerline of SW 121st Avenue frontage, including adequate corner radius. 3. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district or other mechanism to improve the base facility of SW 121st Avenue between SW Walnut Street and SW Gaarde Street. 4. The applicant shall sign a waiver not to remonstrate against the formation of a local improvement district or other mechanism to improve the base facility of SW Gaarde Street between SW 121st Avenue and SW Pacific Highway. 5. A one-foot non-access reserve strip shall be established along SW 121st Avenue frontage, except at the approved access point (extension of SW Gaarde into the site) . The documents needed to complete conditions B.1 through B.5 above shall be prepared by the Washington County Survey Division and recorded in the Washington County Records Department. 6. The applicant shall assure that the access to SW 121st Avenue will be adequately illuminated through the formation of a _street lighting service district, or other measures as approved by the County Engineering Division. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 5 7. Submit plans, obtain County Engineering Division approval, and obtain a facility permit for construction of thefollowing public improvements: a. Concrete sidewalk to County standard along SW 121st Avenue frontage. b. Adequate roadway drainage along SW 121st Avenue frontage. c. Any traffic improvements required as a result of the applicant's required Access Report and UPAA agreement. d. Construction of the 121st/Gaarde/Gaarde westward extension intersection to County standards. These improvements shall be constructed in accordance with the requirements of the Washington County Uniform Road Improvement Design Standards. C. Prior to Occupancy: 1. The 121st/Gaarde/Gaarde westward extension intersection shall be adequately illuminated as required by Condition B.6. 2. The road improvements required by Conditions B.7.a., b., c., and d. shall be completed and accepted by the County. 2. The City of Tigard Engineering Department has reviewed the proposal and offers the following comments: A. Comprehensive Plan Compliance: The Comprehensive Plan Transportation Map designates the area of the proposed subdivision as a study area. Map note #2 indicates that two options for the extension of Gaarde Street must be considered in this study area. The recommendations of the Northeast Bull Mountain Transportation Study Report are one option to be considered. This option would extend SW Gaarde north and west from SW 121st Avenue to connect to SW Walnut Street as a major collector. The proposed subdivision would satisfy this option if the extension is required to be constructed to major collector street standards. The other option to be considered, as specified by the study area notes, is a minor collector extension of SW Gaarde Street west from SW 121st to connect with SW 132nd Avenue, as was previously recommended by NPO #3. The NPO has reviewed the proposed subdivision and concluded that the proposal does adequately provide for the NPO's option. B. Streets: Access to the site is provided from the southwest corner of the intersection of SW 121st and SW Gaarde. Both of these existing streets are currently under the jurisdiction of Washington County. The Engineering Department has reviewed the County's recommendations for these streets (above). We agree with the County's recommendations except for the following: FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 6 a. Section 18.164.030A.1.a. of the Community Development Code specifically requires that "streets within a development and streets adjacent shall be improved in accordance with this title". Therefore the applicant should be required to install half-street improvements along the frontage of SW 121st Avenue instead of deferring these improvements until a local improvement district is formed. b. The county has requested that the applicant be required to sign a non-remonstrance agreement for future participation in an LID for SW Gaarde Street, east of the site. With reference to Section 18.164 of the Community Development Code, there is no specific requirement that the applicant be required to participate in the improvements for S.W. Gaarde east of the subdivision, be it now or in the future, with respect to this development. The Code specifically limits improvements to roads that front the development and it has been City policy to not extend this requirement to adjacent roads. Therefore, the applicant should not be required to execute a non- remonstrance agreement for future improvements to SW Gaarde as requested.by Washington County. The applicant is proposing to extend SW Gaarde Street as a minor collector street to the west and north. In order to meet the requirements of the Comprehensive Plan's Transportation Map, the Gaarde extension would be required to be built as a major collector street. This proposal would then meet both options as required by the Transportation Map. In addition, the proposed road would be eligible .for .credits ...through the county-wide Traffic Impact Fee program. The applicant has indicated that they would install full street improvements for the extension of Gaarde only up to the Phase I boundary. From the end of the full improvements, grading only would be provided to the northwest corner of lot 45, and no further improvements would be provided to extend the road to the north property line. Code Section 18.164.030.F.1. requires that streets be extended to the boundary lines of the development. We feel that if and when Phase II is developed, the road extension should be completed by the developer to the north property line. This would be consistent with current City policy. As an alternative, the applicant could be required to dedicate the right-of-way, do the grading, and pay a fee-in-lieu-of construction for the remaining work. The applicant is proposing several internal streets to serve the interior of the subdivision. The streets that are to be extended are located so that they would serve the properties to the northeast for future development. The internal streets meet city standards except as follows: a. The applicant should be required to install a temporary turn- around for the local street which would serve lots 16 through 22. The standard requires that roads which terminate and are in excess of 150 feet in length provide a turn-around for fire apparatus until such time as they are extended. b. The applicant has requested a variance to the maximum grade of 12 percent. The applicant has shown on the preliminary plan a need to propose a local road with a 14 percent grade for a FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 7 distance of approximately 200 feet. We do not feel this has any detrimental effects to the standards and would recommend approval of the requested variance. c. The applicant should also be required to demonstrate that the road grades can be logically extended and meet city standards. C. Sanitary Sewer: The applicant is proposing to install and extend two existing sanitary sewer systems to serve this development. The first system is located in SW Gaarde, approximately 200 feet east of the proposed development. The existing 8 inch public line within SW Gaarde has the capacity to handle this proposed development. The second system is located approximately 200 feet south of SW Walnut,, in SW Lansdowne. The applicant is proposing to extend the line to the south to serve this development. There are several issues that need to be addressed relative to sanitary sewers: a. Both systems would need to be installed to serve Phase I of the development; while this is not a problem, we wish to bring attention to it; b. There are some lots along the west boundary of the development which show that they would be connected to a proposed future sanitary sewer line. The proposed line would need to be - , installed as part of the development; c. The line that is to be extended south from the vicinity of SW Walnut would go through a area that is not within the city limits. The applicant has indicated that it is their intent not to annex the properties where the extension would go to the City of Tigard. Therefore, the line would remain. the responsibility of the Unified Sewerage Agency. In addition, the City would require that prior to any person connecting to the line outside the city limits be annexed into the City or sign a non-remonstrance against annexation, and that access be provided to the sanitary sewer line; and d. There are numerous portions of the sanitary sewer main line and manholes that are not within the public right-of-way and will cause maintenance problems. Therefore, it should be required that access to the manholes outside of the right-of- way will be assured. D. Storm Drainage: The applicant has submitted a preliminary plan for the storm drainage system. Based on the information presented, it appears that it would be adequate to serve the development. Again the applicant has shown two different systems to drain the development. The first system would drain the southeast corner of the development and connect to an existing drainage system located approximately 200 feet east. The second system would drain into an existing drainage channel located to the west of the development. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 8 The Unified Sewerage Agency has established, and the City has agreed to enforce (Resolution and Order No. 91-47), Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. Requiring surface water quality facilities on this site would result in facilities at various locations that would become a maintenance burden to the City. In addition, regional facilities, funded by fees in-lieu of construction of these facilities, would provide the required treatment for this site and future development. The regional facility would also provide improved reliability and less maintenance. Therefore, the applicant should be required to pay the fee in-lieu of constructing an on-site facility. Federal, state and local regulations all require erosion control permits for this project. The applicant should apply, through the City, for a joint permit. Application should be made at the time that construction drawings are submitted. 3. The City of Tigard Building Division has commented that private storm drain lines and easements should be provided for lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other properties. A joint use and maintenance agreement should be recorded for each lot utilizing a common private storm drain. In addition, the finished slope of all lots with cuts or fills should have a maximum slope of 2:1, or else an engineer shall certify the stability of any steeper slopes. This would include the slope and fill from excavation for foundations for the structures. 4. The Tualatin Valley Fire and Rescue District has reviewed the preliminary plat and has provided the following comments: a. Hydrant locations should be coordinated with the Tigard Water District. b. The Fire District always encourages the reduction of street grades to the minimum possible grade; however, the proposed street grades are within acceptable limits for the District. 5. Tigard School District 23J reviewed the proposal and has noted that the proposed development lies within the attendance areas of C.F. Tigard Elementary School, Fowler Middle School, and the Tigard Senior High School. The proposed development is projected to generate the following additional enrollment at those schools: 20 students at the Tigard School; 2 students at Fowler Middle School; and 1 student at Tigard High School. The School District notes that school capacities are projected to be exceeded as a result of this proposed development and other recently reviewed and approved developments within those attendance areas. The District notes that core facilities of the schools are insufficient to be able to consider portable additions. Additional school capacity may be provided by other options under consideration by the School District, including: grade level reconfiguration, rescheduled school year, boundary adjustments, double shifting, busing to under-utilized facilities, future bond measures leading to construction of new facilities and other school housing options. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 9 6. Neighborhood Planning Organization #3 Chairperson Herman Porter provided testimony at the public hearing regarding the NPO's position on the proposal. NPO 3 recommended approval of the proposed subdivision/planned development subject to the following conditions: a. Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. The intersection of SW 121st and Gaarde should be widened and improved. b. At a minimum, a three way stop should be provided at the 121st and Gaarde intersection with consideration of a traffic signal as traffic increases in this area. 7. Washington County Community Planning Organization CPO 4B has provided the following comments: a. The CPO urges the City to require dedication of the proposed private open space tracts to be developed as an area-wide greenspace network; b. ' Half-street improvements, including a school bus turnout, should be required along the SW 121st frontage of the site. Appropriate safety improvements should be provided at the 121st and Gaarde intersection with TIF fees applied for these improvements. 8. The Unified Sewerage Agency has provided the ,following comments: a. An on-site water quality facility should be required; b. Sensitive areas should be identified. A minimum 25 foot undisturbed buffer should be required from the edge of sensitive areas to rear lot lines; c. An erosion control plan should be required to be submitted and approved prior to any construction on the site. An NPEDES permit should be required for this site since the area to be disturbed would be larger than five acres in size. 9. Northwest Natural Gas has commented that there are both a 10 inch diameter high pressure feeder main and a 2 inch gas line within the approximate alignment of the Gaarde Street extension in the southeastern portion of the site. The developer's representatives should contact Northwest Natural Gas to have the main located prior to any excavation on the site. 10. The Tigard Water District has provided the following comments: a. A 16 inch diameter water main will need to be installed along the SW Gaarde Street extension; b. Utility plans will need to be revised to place water mains on the south and east sides of streets; c. Final approval of the plans for water main location and size, FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 10 including water meters, will need to be approved jointly by the Fire and Water Districts. 11. The Metropolitan Area Communications Commission (cable television) has reviewed the proposal and offered no comments other than that the site developer should contact Columbia Cable prior to the opening of utility trenches. 12. PGE and GTE have reviewed the proposal and have offered no comments or objections. 13. Mrs. Ellen Bechtold, property owner and resident of tax lot 500 of WCTM 2S1 3CC, provided the following comments to staffs a. The septic tank and drainfield for her house cross the property boundary onto the subject site. She also has stated that the owner of 401 has previously agreed to provide for a sewer line extension to her property.-boundary as per the sales agreement between the Bechtold's and the original purchasers of tax lot 401; b. There should not be a stop sign for southbound traffic on SW 121st Avenue since traffic stopped for this sign would back up and block existing driveways; c. Mrs. Bechtold would like a solid fence ,.around..her property to be installed prior to the start of construction on the subject site; V. EVALUATION OF REQUEST A. Compliance with Community Development Code - Subdivision/Planned Development/Sensitive Lands Review 1. The proposed Vista Point subdivision is consistent with the approval criteria for a subdivision (Code Section 18.160.060.A) because: a. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential density opportunity for the site and with applicable plan policies, the regulations of the R-4.5 zone, and other applicable regulations, except as noted within the accompanying paragraphs that point out specific deficiencies that will need to be corrected. b. The proposed name of the subdivision, Vista Point, is not duplicative of any recorded plat within Washington County. c. The extension of SW Gaarde Street through the proposed development is laid out so as to conform with the planned collector street connection between SW Gaarde and SW Walnut Street as illustrated on the Comprehensive Plan's Transportation Plan Map. It will be necessary that this road be required to be constructed in accordance with Section III.C.4.a of the Urban Planning Area Agreement (UPAA) between Washington County and the City of Tigard, or in other words, FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 11 it will need to be constructed to collector street standards as far west as lot 52. The City Engineer shall be charged with determining whether the roadway width may be reduced in width from collector standards. The conditions of approval should also specify that the applicant should be responsible for grading the remainder of the Gaarde right-of-way to the north edge of tax lot 1400. The Commission has determined that the applicant should not be required to provide street improvements for SW Gaarde past lot 52 with the development of phase two, or to pay an equivalent fee in lieu of construction of this road section as had been recommended by staff. The Commission finds that the applicant has a substantial enough burden in providing collector street improvements to both SW 121st Avenue on the east side of the site and for SW Gaarde up to lot 52. These street sections are both necessary to serve the proposed development; however, these collector street segments would be oversized to major collector standards and would not allow for direct driveway connections and therefore place a substantial burden on the applicant that goes beyond just a direct relationship to the needs created by the development. The applicant loses possible developable area to right-of-way for these street sections and also gets charged with a substantial financial outlay for developing to collector standards rather than local street standards that would typically apply to other subdivisions of this size. The applicant, however, does not object to these requirements on these street sections. The applicant also does not object to dedicating right-of-way and grading beyond lot 53 for a further extension of SW Gaarde to the northern edge of the site. However, the applicant requests to not have to build this roadway section since: 1) it will not provide necessary access to any of the lots to be . developed as part of the subdivision; 2) this street section will not connect to any existing public streets to the north or west that might provide better access to the site or access from the site to facilities such as shopping areas or schools that might be a benefit to the subdivision; and 3) this street section is not necessary to provide access to or permit the future division of the property to the north. The Commission agrees that there does not appear to be enough of a relationship between needs created by the proposed development or benefits to its future residents and this section of the collector street to justify the imposition of the substantial burden of improving this street section on the applicant. As noted by the applicant, this street section will not provide access to any of the proposed lots in this subdivision and will not connect to any existing streets to the north at this time that might provide access from this proposed development to schools, parks, or shopping facilities or connections to other roads that would reduce travel times for the subdivision's residents. The Commission notes that Code Section 18.164.030.F.1. requires that streets be extended to the boundary lines of the FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 12 tract to be developed to give access or permit a satisfactory future division of adjoining land as pointed out by staff, but the Commission finds that this Section does not apply to this situation since the Moore property immediately to the north (WCTM 2S1 4, tax lots 100, 200, and 300) already are provided with adequate street access from SW 132nd Avenue from the west and a private access road to SW 121st on the east and therefore these parcels are not dependent on extension of this section of SW Gaarde for access or to allow for redevelopment. In addition, right-of-way for SW Gaarde Street would be dedicated as a condition of this approval and therefore would extend to the Moore property to allow for street development if it is found desirable at the time of development of the Moore property. If this street section is found necessary at that time, it might be able to be constructed, or partially constructed, with funds from traffic impact fees. Staff also pointed to Code Section 18.164.030.A.1.b which states that "any new street or additional street width planned as part of an approved street plan shall be dedicated and improved in accordance with this Code." The Commission finds that this street section in question has been planned for by Comprehensive Plan Transportation Map Note 2. However, the Commission does not find that this Code Section is an open- ended directive to require both dedication and improvements even if there is not a reasonable relationship between the needs created by a proposed development and the exaction requested. Because the Commission does not find the reasonable relationship exists between this proposal and the need to improve this section of SW Gaarde Street, the Commission finds that Section 18.164.030.A.1 does not apply to this case. d. Theproposal would provide stubbed local streets adjacent to lots 20 and 21 and adjacent to lots 30 and 31 to provide for future extensions of the local street network in this area. In addition, the right-of-way for SW Gaarde Street would be stubbed to allow for future extension. Exhibit C of the applicant's statement illustrates how these streets could be extended to facilitate future development of this area. e. The subdivision is proposed to be developed in two phases of 35 and 29 lots. The proposal to develop the subdivision in two phases is consistent with the approval standards for a phased subdivision/planned development (Sections 18.160.050.0 and 18.80.100.B) because necessary public facilities are proposed to be constructed in conjunction with each of the phases and because no temporary public facilities will be required for either phase. A schedule for total development of the site will be required to be submitted prior to development of the initial phase. The total time period for developing all phases of a planned development may not exceed seven years without reapplying for conceptual plan approval. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 13 f. The applicant requests approval of a variance to allow the local street adjacent to lots 16-22 to have a grade of approximately 14 percent grade for a 200 foot long stretch whereas a maximum local street grade of 12 percent is allowed by Code Section 18.164.030.M.1 Code Section 18.160.090 authorizes the Commission to grant variances to Code standards if the requested variance can be found to be consistent with the variance approval criteria of Code Section 18.160.120. The applicant's statement addresses the criteria point-for-point relative to the requested variance. Service providing agencies and the neighborhood planning organizations have not raised concerns with the requested variance. The length of road that would exceed 12 percent grade is approximately the same as the 200 foot maximum distance for excessive grade allowed by the new Fire District standards. The Commission concurs with the applicant's analysis on the requested variance and hereby • adopts the applicants's proposed findings as the Commission's findings in support of the variance request. These findings are hereby made appendix A of this final order. 2. The proposed subdivision is consistent with the use standards of the R-4.5 zoning district because the lots are intended to be used for single family detached dwelling units. The Planned Development overlay zone applied to the parcel provides for flexibility with regard to lot dimensional standards, including lot size. Although not all lots are consistent with .the.. minimum 7,500 square foot minimum lot size of the R-4.5 zone, the average lot size of the proposed lots is well in excess of 7,500 square feet; therefore, the proposal is consistent with the density allowed for the site by the R-4.5 zone. All proposed lots are consistent with the minimum lot width requirement of 50 feet. No special setbacks have been requested. Therefore, standard R-4.5 setbacks should apply to this subdivision 3. The proposed development scheme is consistent with the approval. standards for a Planned Development (Chapter 18.80) as demonstrated by the findings presented for the various Plan policies and Code Chapters applicable to the request. The requirements of the following Code chapters are not directly applicable to the current review, although future improvements on the subject site will need to conform with the requirements of these chapters: Chapter 18.96, Additional Yard Area Requirements; Chapter 18.98, Building Height Limitations: Exceptions; Chapter 18.100, Landscaping and Screening; Chapter 18.106, Parking; and Chapter 18.144, Accessory Structures. Staff is charged with reviewing the conformance of future improvements with these standards through the building permit and sign permit review processes as well as through continuing Code enforcement actions. With regard to the additional Planned Development approval criteria, the Commission finds that only Section 18.80.120.A.3.a(i) is directly applicable to the review of this proposal since the other additional criteria relate to commercial or multi-family developments in planned development areas. This particular section states that ". . . streets, buildings, and other site elements shall FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 14 be designed and located to preserve the existing trees, topography, and natural drainage to the greatest extent possible." The proposal does not provide for crossings of the drainageways on the site except as called for by the City's Transportation Plan Map. The proposal avoids placing development in or adjacent to these drainageways. Instead, the plat would reserve a 6.78 acre portion of the site for private, tree-covered, open space and drainage purposes rather than including this area within lots. Because this area would have very limited recreational potential for the general public and dedication would remove this area from the tax roll, dedication of this area to the City is not considered desirable. Through the subdivision plat recording, this area will be created as common tracts to be owned by the lot owners in the subdivision. 4. The proposal is consistent with the Sensitive Lands requirements of Chapter 18.84, although some site grading within areas in excess of 25 percent slopes will be necessary to facilitate the proposed development. Review of the grading plan shows that grading of areas in excess of 25 percent slope is primarily limited to areas within and abutting proposed public right-of-ways and where necessary to construct sanitary sewer utilities. Opportunities to further limit grading of the site are restricted because of the number of building sites that must be prepared due to the single-family residential nature of the proposed development and the need to provide limited grade public streets. Plans for methods for maintaining slope stability shall be required to be submitted as a part of individual building permit applications for the individual lots. The erosion control requirements that now apply to development within the Tualatin River basin require that an erosion control plan be filed and followed during development of a subdivision as well as prior to construction of individual homes. 5. Exhibit 5 of the applicant's statement contains a solar access evaluation demonstrating consistency with the solar access requirements of Chapter 18.88. Code Section 18.88.040.E allows the hearings authority to reduce the percentage of lots that must meet the solar access design standard if certain conditions relative to the site (such as slope, existing shade, or existing or planned road patterns) make it difficult or impossible to fully comply with the solar access design standards without adversely impacting the development's permitted density and cost or amenities. The applicant requests, and the Commission concurs, that lots 25-33, 38- 43, 47, 50 and 51 should be exempted from the solar access calculation because the collector street alignment through this site required by the Transportation Plan Map, along with collector street access spacing standards, dictates a parallelling local street and a concomitant number of lots with an east-west orientation. In addition, lots 46 and 63 are exempted due to northwestward facing slopes in excess of 20 percent. Of the remaining 43 lots not exempted for the above causes, twenty-two other lots satisfy the basic solar requirement of a front lot line orientation within 30 degrees of a true east-west orientation and a minimum north-south dimension of 90 feet as shown on the applicant's solar access evaluation sheet. Seven other lots (lots 6, 7, 8, 17, 20-22) are proposed to have solar building lines recorded. Lots 23, 24, 35, 52-55, and 63 are exempted under the basic 20 percent exemption. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 15 Therefore, eighty percent of the lots not exempted for cause would meet the solar access design standard. The proposed subdivision is therefore consistent with the requirements of Chapter 18.88. 6. The proposed subdivision complies with the density standards of Chapter 18.92 because the 18.31 acre net developable area of the site (after deductions for streets and excluding original slopes of 25 percent and greater) yields an opportunity for 106 dwelling units under the R-4.5 zoning designation. Sixty-four single family residential lots are proposed. The applicant's submittal includes a density calculation. 7. Chapter 18.150 requires that the number of trees over six inches in diameter that are removed during construction be minimized. The proposed development's public streets, utilities, and residences and related grading will necessitate the removal of a number of apple trees on the eastern portion of the site as well as several fir trees adjacent to lots 39, 45, 46, 47, 62, . and 63. In addition, trees will need to be removed within Tract B for installation of sanitary and storm sewer facilities. However, the majority of the site area proposed to be developed is open field and will not require any tree removal. The preliminary plat is reasonably designed with respect to minimizing tree removal. However, special care should be given in the development of final grading and public utility plans to further limit tree removal, especially in Tract B. No tree removal should be allowed until review and approval. of a treeremoval permit. The Commission should require the developer of the site to provide for an arborist's:analysis of the tree removal plans with the arborist being requested to recommend to staff protective measures to be employed during site construction to protect trees to be retained. 8. The proposed subdivision's streets and other public improvements, with modifications recommended by staff, comply with the requirements of Chapter 18.164 because: a. The applicant will be required to dedicate additional right- of-way for SW 121st Avenue and SW Gaarde Street to major collector street standards adjacent to or through the site. As noted above, the applicant will be required to improve SW 121st Avenue and the the portion of SW Gaarde Street to major collector standards with development of phase one, but the Commission will not require the applicant to construct improvements to SW Gaarde beyond lots 53 and 64 for the reasons described in la above. Construction of these major collector streets by the developer will qualify for traffic impact fee credits for the individual lots in the subdivision. b. Internal subdivision streets should be able to be developed consistent with City standards for local streets, except for the short stretch of the street adjacent to lots 16-22 which is recommended to be allowed to exceed the 12 percent grade standard as described above. FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 16 c. The preliminary plat provides for street stubs to the north to provide for a future further extension of SW Gaarde Street and to the east to allow for a possible local street network connection eastward to SW 121st Avenue. When the subdivision is built, reserve strips and barricades should required to be provided for these street stubs. The stubs should be posted with signs indicating that future extension of these streets is anticipated with future development. d. The proposed lots are consistent with Code standards for maximum lot depth-to-width ratio and other lot dimensional standards, except for lots 18 and 19 which do not provide the required minimum 25 feet of frontage required by Section 18,164.060.8 for lots created through the subdivision process. It is staff's understanding that the minimum lot frontage requirement is at least partially intended to discourage the creation of flag lots such as these two lots. The applicant has not requested a variance to the minimum frontage standard, and even if a variance had been requested, the Commission doubts whether we could approve such a variance. The applicant will need to revise the plat in this area to provide a minimum 25 feet of frontage on a street other than an alley for these lots. This standard could be met by placing a private street in this area, as long as the private street is consistent with the standards of Code Section 18.108.070.A. If an east-west private street is utilized, lots 17 and 20 could be oriented towards the private street in a manner that should increase the development'.s..compliance withthe solar access standards. e. Access to SW Gaarde Street and SW 121st Avenue should be prohibited for all lots which would have frontage along these collector streets. These lots as well as all other -lots can receive access from local streets or the proposed knuckle fronting lots 61-64. C. Compliance With Comprehensive Plan Policies - Subdivision/Planned Development/Sensitive Lands Review/Variances 1. The Subdivision/Planned Development proposal is consistent with Plan Policy 2.1.1 because notice of the application and the public hearing on this item was provided to the neighborhood planning organization and to owners of property in the vicinity of the site. The proposed site has been posted with a sign noting that a development application on this site was pending. The Commission conducted a hearing on this proposal, on June 22, 1992. Therefore, a substantial opportunity has been provided for the public to comment on this development application as is required by this policy. 2. Policy 3.1.1 is satisfied because the Code allows development of hillsides that are steeper than 25 percent when sufficient detailed information is provided which shows that adverse environmental erosion or slope instability will not result. The applicant has submitted a general description of the site; however, specific techniques for mitigating any potential problems related to steep FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 17 slopes have not been described. Significant construction difficulties are not anticipated for development in these areas provided that appropriate construction and erosion control measures are employed. Since many issues regarding slopes are site specific, it shall be required that methods for maintenance of slope stability and erosion control be submitted for approval in conjunction with the detailed grading and public improvement plans and building permits with particular attention being paid to grades over 25 percent. As recommended by the Building Division, finished grades on lots with cuts or fills shall be limited to a maximum 2 to 1 slope or else an engineer shall be required to certify the stability of the greater slopes. 3. The proposal is consistent with Policy 3.4.2 because the development application is being reviewed through the Planned Development process and because wildlife habitat along drainage corridors will be protected through the establishment of private open space tracts along the drainage corridor on the site. The private open space tracts should serve to limit tree and understory vegetation removal in the drainageway to only what is necessary for utility construction. The undeveloped nature of this area will allow the vegetative understory to return after construction. 4. The proposal is consistent with Policy 3.5.1 because 6.78 acres of long-term open space will be provided for by tracts A and B which will be commonly held and maintained by the residents of the subdivision. Mature trees will be retained in these areas except for trees that must be removed to construct utilities. Because of the steepness of these areas, their usefulness for active recreational opportunities are limited. The Comprehensive Plan's greenways map does not call for these areas to be required to be dedicated for greenway/open space purposes. In order to provide better opportunities for residents of this subdivision to have access to the open space tracts and to also provide better pedestrian circulation for other purposes, a minimum 10 foot wide pedestrian pathway tract, or extension of tract A, will be required between the north-south street in Phase 2 and the extension of SW Gaarde Street. This may require that the pathway be provided in a relatively steep area; therefore, the pathway to be provided by the applicant may need to be either a stairs or else may need to be a soft-surfaced pathway. The applicant should work with the Engineering Department with regard to the location of the pathway, its construction, and pedestrian warning signs on SW Gaarde Street. 5. In order to comply with Policy 4.2.1, a condition is warranted to require the developer to submit an erosion control plan ensuring compliance with erosion control standards for the Tualatin River basin, as part of the grading permit application. 6. This subdivision proposal complies with Policy 7.1.2, 7.3.1, and 7.4.4 because the applicant will be required to extend public sewer and water systems to this site prior to development or else the development of this site will be dependent upon others extending these utilities to the property. Extension of a sanitary sewer to serve this area is presently being contemplated by the Unified FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 18 Sewerage Agency. The prospective developer of this subdivision may need to work with USA to assure that the extension will be constructed prior to expiration of approval for the proposed development plan. The Tigard Water District did not raise any significant concerns with regard to the District's ability to provide for the additional water demand created by the proposed subdivision although the Water District has pointed out revisions that will need to be made to the applicant's preliminary plans for extending water service through the site. In addition, development of this site will require provisions for underground installation of phone, electricity, and cable television lines. No significant concerns were raised by the providers of these utilities. 7. The proposed development would provide for a safe and efficient street system as required by Policy 8.1.1 for the reasons stated in sections 1 and 8 of the section above describing the proposed subdivision/planned development's consistency with Community Development Code public road requirements. 8. The subdivision proposal complies with Policy 8.1.3 because required improvements to the public streets and utilities within this proposed subdivision will be consistent with City of Tigard standards, except as specifically recommended for the variance to the local street gradient standard. VI. CONCLUSION AND DECISION The Planning Commission concludes that the proposed subdivision/planned development, with minor modifications, will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding land uses, provided that development that occurs after this decision complies with applicable local state and federal laws. In recognition of the findings and conclusions contained herein, and incorporating the staff report and other reports of affected agencies and public testimony and exhibits received in this matter, the Commission approves Subdivision/Planned Development Review proposal SUB 92-0005/PDR 92-0003 and the associated Sensitive Lands Review SLR 92-0002 and Variance VAR 92-0010 requests for the proposed Vista Point subdivision subject to the conditions which follow. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL BE SATISFIED AND PUBLIC IMPROVEMENTS SHALL BE COMPLETED OR COMPLETION SHALL BE FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED, STAFF CONTACT IS CHRIS DAVIES OF THE ENGINEERING DEPARTMENT. 1. The preliminary plat shall be limited to the creation of 64 lots. All lots shall be fully dimensioned on the plat and shall be consistent with R-4.5 zoning district dimensional requirements. Lots 18 and 19 shall be revised to provide for a minimum 25 feet of road frontage. (A private street consistent with the standards of Code Section 18.108.070.A may be developed in this area to meet this standard. Any FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 19 such private street should be located in a tract separate from individual lots. Ownership and maintenance responsibilities for this road should be specified on the plat and/or the covenants, codes, and restrictions for the subdivision. ) Tracts A and B shall be platted as a common open space tract for the subdivision to be maintained privately by the homeowners in Vista Point subdivision. The manner by which these tracts are to be maintained by the homeowners association shall be approved by the Planning Division. The plat shall be revised to provide an extension of Tract A to the proposed north-south street in Phase Two in order to provide access to Tract A for all residents of the subdivision. Alternatively, pedestrian access to Tract A may be provided by easements across lots from the street to the tract. Access to the tract shall be provided by a minimum 5 foot wide soft surfaced trail. STAFF CONTACT: Jerry Offer, Planning Division. 2. The subdivision/planned development may be constructed in two phases as proposed. Total development time for the proposed planned development may not exceed seven years. 3. Any tree removal or grading on this property must be approved by the Planning Division through approval of a tree removal permit and approval of the grading plan. Trees over six inches in diameter shall be removed only as necessary to construct streets, utilities, and residences. Tree removal permits will be necessary for two stages: public right-of-way and utility construction and lot preparation. The applicant shall provide for an arborist to review the plans for grading and tree protection. The arborist or the Planning Division may prescribe protective measures for trees to be retained on the site. Areas not covered by structures or impervious surfaces shall be re-vegetated as soon as possible after completion of grading. A copy of the tree removal permit and approved grading plan shall be available on-site during all tree removal activities. STAFF CONTACT: Jerry Offer, Planning Division. 4. A grading plan shall be submitted showing the existing and proposed contours including elevations at the corners of the lots tied to the top of curb elevations, as shown in the public improvement plans. If trees are to be removed as part of grading activities, the grading permit is not valid without a tree removal permit also being issued. 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." 6. No construction plans for this subdivision shall be approved until the Engineering Department has received evidence that right of way has been dedicated and assurance has been posted to assure construction of improvements to provide public roadway access to the subdivision consistent with City roadway standards. 7. No construction plans for this subdivision shall be approved until the Engineering Department has received evidence that sanitary sewer service will be made available to the property and that construction of necessary off-site sanitary sewer lines is assured. 8. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 20 Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. 9. Approval of the requested variance to the 12 percent grade standard is approved to a maximum grade of 14 percent for a distance no greater that 250 feet. 10. The applicant shall be required to pay the fees in lieu of construction of a water quality facility as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. NOTE: This is a two part fee. The first portion is paid with the public improvements which is for that portion of the development which increase the impervious area within the public right-of-way. The second portion is paid at building permit issuance which is for each individual lot. 11. The applicant shall provide for a temporary turn around at the terminus of the local street which serves lots 16 through 22. 12. The applicant shall submit a traffic study per Washington County Resolution and Order 86-95. The City and County shall review this study and condition any necessary improvements at the SW 121st and Gaarde intersection prior to final approval of the construction plans. 13. The applicant shall dedicate additional right-of-way to provide 33 feet from centerline of S.W. 121st Avenue frontage, including adequate corner radius. 14. The applicant shall investigate whether the septic tank and/or drainfield for the residences on tax lot 400 of WCTM 2S1 3CC to the north are located on the subject site. If the septic system(s) intrudes onto this property, the applicant shall show how development of this property will not violate standards for the placement of septic systems or else shall arrange for the connection of these residences to the sanitary sewerage system. STAFF CONTACT: Brad Roast, Building Division. 15. As part of the public improvement plans, the applicant shall apply for and provide the necessary information to obtain a "Joint Permit" for erosion control. 16. The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. 17. The SW Gaarde Street extension shall be built to major collector standards from SW 121st Avenue to proposed Lot 52. 18. Concurrent with construction of phase II, the applicant shall provide for the grading of the SW Gaarde Street extension in Phase II. Dedication of this right-of-way shall be required with recordation of the plat for phase II. 19. Full width street improvements (including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 21 utilities) shall be installed within the subdivision. Improvements shall be designed and constructed to local street standards; except for the SW Gaarde Street extension which shall be built to major collector standards. 20. Profiles of SW 121st Avenue, SW Gaarde Street, the proposed SW Gaarde extension, and the local internal streets that may be extended shall be required to be submitted. The profiles shall extend 300 feet beyond the subject site showing the existing grade and potential future grades. 21. The applicant shall submit plans, obtain Washington County/City of Tigard Engineering Division approval, and obtain a facility permit from Washington County for construction of the following public improvements: a. Standard half-street improvements, including concrete sidewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and underground utilities shall be installed along the site's SW 121st Avenue frontage. b. Any traffic improvements required by the City and County in response to the applicant's required traffic study. c. Construction of the 121st/Gaarde intersection to County standards. 22. The applicant shall assure that the access to SW 121st Avenue will be adequately illuminated. Plans shall be approved by the Washington County Engineering Division. 23. Construction of the proposed public improvements shall not commence until after. the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, a developer-engineer agreement has been executed, and all permit fees have been paid. 24. The applicant shall make an appointment for a pre-construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. 25. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance assurance or letter of commitment. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate maintenance bond. 26. One-foot non-access reserve strips shall be established along all SW 121st Avenue and Gaarde Street frontages, except at approved access locations. 27. The finished slope of all lots with cuts or fills should have a maximum slope of 2:1, or else a professional engineer shall certify the stability of any steeper slopes. Prior to the issuance of building permits for construction on all lots with slopes in excess of 25 percent, building permit applicants shall demonstrate that the proposed structure will be sited and designed to ensure structural stability. Foundation plans shall be stamped by a registered engineer. Approved erosion control measures shall be employed throughout the construction process on individual building lots. STAFF CONTACT: Brad Roast, Building Division (639-4171) . FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 22 28. Private storm drain lines shall be provided for lots 7-15, 18, 31-34, and 62 to allow roof drains to be directed to public storm sewers or existing drainageways. Easements should be provided where storm sewers cross other properties. A joint use and maintenance agreement should be recorded for each lot utilizing a common private storm drain. STAFF CONTACT: Brad Roast. 29. Utility plans will need to be revised to place water mains on the south and east sides of streets. A 16 inch diameter water main will need to be provided along the SW Gaarde Street extension, unless a smaller diameter main is approved by the Tigard Water District. Final approval of the plans for water main location-and size, including water meters, will need to be approved jointly by the Fire and Water Districts. The applicant shall be responsible for providing the City with proof of the Water District and Fire District's approval of the revised water service plan. APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT FOR PHASE ONE IS SUBMITTED FOR APPROVAL WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. THE MAXIMUM TIME FOR COMPLETION OF ALL PHASES OF THE APPROVED PLANNED DEVELOPMENT IS SEVEN YEARS. It is further ordered that the applicant and parties to these proceedingsbe notified of the entry of this order. PASSED: This 2---day of July, 1992, by the Planning Commission of the City of Tigard. -4111"4917,40,. Mi t Pyre, P - ._i ent Tigard Plan iln Commission JO/Vista Point FINAL ORDER SUB 92-05/PDR 92-03/VAR 92-10 VISTA POINT PAGE 23 U'!!1fjui1I11 TIGARD • � ® igisu NM NM NM Iiiiiti Wigs tiro Mill ,-- 4144 SUB 92 -0005 11. 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