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City Council Packet - 04/21/2020III1 ' City of`Tigard Tigard Business/Workshop Meeting—Agenda TIGARD TIGARD CITY COUNCIL—Note: This meeting will be conducted through remote participation. MEETING DATE AND TIME: April 21,2020 - 6:30 p.m. MEETING LOCATION: City of Tigard -Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 PUBLIC NOTICE: In accordance with the City of Tigard's Declaration of Emergency Due to the COVID-19 virus and the Governor's Orders those in attendance must maintain social distancing requirements. There will be no verbal public testimony during this meeting. Written public comment may be submitted via email to CouncilLMailAtigard-or.gov or online at http://www.tigard-or.gov/city hall/public hearings.php. All written comment must be received by 4:30 p.m. the day of the meeting. VIEW LIVE VIDEO STREAMING ONLINE: htto://www.tigard-or.aov/city hall/council meeting.oho Workshop meetings are cablecast on Tualatin Valley Community TV as follows: Replay Schedule for Tigard City Council Workshop Meetings-Channel 28 Every Sunday at 12 a.m. Every Monday at 1 p.m. Every Wednesday at 2 p.m. Every Thursday at 12 p.m. Every Friday at 10:30 a.m. SEE A 1'1 ACHED AGENDA 11111 • City of Tigard TIGARDTigard Business/Workshop Meeting—Agenda TIGARD CITY COUNCIL—Note: This meeting will be conducted through remote participation. MEETING DATE AND TIME: April 21,2020 - 6:30 p.m. MEETING LOCATION: City of Tigard-Town Hall- 13125 SW Hall Blvd.,Tigard, OR 97223 1. BUSINESS/WORKSHOP MEETING A.Call to Order- City Council B.Roll Call C.Pledge of Allegiance D.Call to Council and Staff for Non-Agenda Items 2. APPEAL OF THE ART RUTKIN ELEMENTARY SCHOOL CONDITIONAL USE PERMIT 6:35 p.m. estimated time 3. RECEIVE PRESENTATION FROM TRIMET ON SW CORRIDOR CONCEPTUAL DESIGN REPORT 6:55 p.m. estimated time 4. CONSIDER A RESOLUTION AUTHORIZING AN OPERATING AGREEMENT WITH WASHINGTON COUNTY FOR COMMUNITY DEVELOPMENT BLOCK GRANT CDBG)JOINT ENTITLEMENT 7:55 p.m. estimated time 5. CONSIDERATION OF A RESOLUTION EXTENDING THE EMERGENCY DECLARATION RELA 1'ED TO COVID-19 8:15 p.m. estimated time 6. DISCUSS FOLLOW-UP ON THE CITY'S RESPONSE TO COVID-19 8:20 p.m. estimated time 7. NON AGENDA ITEMS 8. ADMINISTRATIVE REPORT 9. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order,the appropriate ORS citation will be announced identifying the applicable statute.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10. ADJOURNMENT 9:05 p.m. estimated time AIS-4116 2. Workshop Meeting Meeting Date: 04/21/2020 Length (in minutes): 20 Minutes Agenda Title: Appeal of the Art Rutkin Elementary School Conditional Use Permit Prepared For: Monica Bilodeau, Community Development Submitted By: Carol Krager, Central Services Item Type:Public Hearing - Quasi Judicial Meeting Type: Council Business Meeting - Main Public Hearing:Yes Publication Date: Information ISSUE Shall Council deny the appeal, thereby affirming the Hearings Officer's decision in the Art Rutkin Elementary School Conditional Use Permit? The Hearings Officer's decision was appealed by Kevin and Gillian Dressel, the owners of property immediately north of the school property. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends Council deny the appeal and uphold the Hearings Officer's decision to approve the Conditional Use application, along with the conditions identified in the Hearings Officer's Final Order. KEY FACTS AND INFORMATION SUMMARY As a result of the Covid-19 emergency, the normal, in-person hearing is not feasible from a public health and safety perspective. Therefore, with the consent of the attorneys for the two parties, Council will be receiving testimony in this hearing by written comment only. Council will be provided the written testimony on the night of the hearing. In order to provide adequate time for the parties to submit evidence and testimony, staff will be requesting the record be left open an additional 7 days to receive any new evidence or testimony and an additional 7 days for a rebuttal. Additionally, the applicant has requested a final written argument. The anticipated schedule is as follows: April 21 —Written testimony to City Staff by 4:30 p.m. for submission to Council. April 28 —Any new evidence/testimony due to City staff by 4:30 p.m. May 5 —Rebuttal due to City staff by 4:30 p.m. May 11 —The District's final written argument due to City staff by 4:30 p.m. May 12 — Council deliberations and tentative decision May 19 —Final decision by Council and adoption of findings The Tigard-Tualatin School District (District) submitted a Conditional Use Permit (CUP) application for approval of an elementary school in the River Terrace area in May 2019. The proposed school site is on the west half of an approximately 20 acre property owned by the District. The District submitted a land partition application in 2018 to divide the 20-acre property into two 10-acre lots MLP2018-00004). The school is proposed on Parcel 1 of the partition. The partition was approved by the City of Tigard's Hearing Officer on August 19, 2019. The partition was appealed to the Land Use Board of Appeals (LUBA), which affirmed the Hearings Officer's decision on March 5, 2020. The LUBA decision is now being appealed to the Court of Appeals. The Hearings Officer issued a decision for the CUP on February 6, 2020. The partition decision is final as far as the City's process is concerned. The fact that the LUBA decision on the partition is being appealed to the Court of Appeals does not change the fact that the City's process is complete for the partition and does not influence the development of the parcel, unless and until the Court of Appeals issues an order reversing or remanding the partition decision.The Tigard Community Development Code does not require recording of the partition plat prior to submittal of the CUP application. The applicant may proceed with the CUP review process with the District accepting the risk that the partition approval could be reversed on appeal. Condition of approval No. 29 prohibits the applicant from starting construction of the school until a final partition plat has been recorded. All other issues brought up by the appellant in the February 19, 2020 statement of appeal are addressed in the attached Final Order issued by the Hearings Officer and Staff Report. OTHER ALTERNATIVES Council could affirm the appeal, thereby rejecting the Hearings Officer's decision and denying the application. This action would require the adoption of new findings and conclusions in support of this decision. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments Appeal Application Final Order Staff Report Staff Presentation RE D City of Tigard C E v E COMMUNITY DEVELOPMENT DEPARTMENT FEB 2 O 2020 TIGARD Land Use Decision Appeal Appl c tiGARDaTIJOINEERING PROJECT INFORMATION Land use case numbers:CUP2019-00001,AD12019-00008-9,and SLR2019-00001 REQUIRED SUBMITTAL Project name: Art Rutkin Elementary ELEMENTS Location (address if available):IX! Narrative addressing criteria in TCDC 18.710.090 Tax map and lot numbers: WCTM 2S108CC00,Tax Lot 100 Application fee APPELLANT INFORMATION Name: Kevinand GilianDieswl Mailing address: 15455 SW Finis Lane City/State: Tigard Zip: 97224 Phone: Email: Appellant's representative: Stephen T.Janik/Damien R.Hall,Ball Janik LLP Phone: 503-228-2525 Email: sjaniknaballjanik.com/dhall@balljanik.com Standing for appeal: Applicant of the original land use application Person/organization adversely affected by the decision Party of record (provided evidence or testimony on the record) Specific reason for appeal: The decision is inconsistent with applicable land use regulations.See attached statement for additional detail. J.--144.4/G—r.../ 40 Li.. t 24;17...- Appellant's signature Print name Date Related Case No.:'C. ii!' #®0 '1 :; hcation fee: Received by: Date:4 • Appeal Deadline: .0/s a ,® Appeal to. 0 Hearings Officer 0 Planning Commission Ciiity Council City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 oft 101 SW Main Street,Suite 1100 II ballPortland,Oregon 97204 er— jani LLP balljanik.com t 503.228.2525 503.295.1058 FEB ZOZ CITY OF fIGARD PLANNING/ENGINEERING STATEMENT OF APPEAL TO: City of Tigard, City Council FROM: Stephen T. Janik and Damien R. Hall DATE: February 19, 2020 RE: Art Rutkin Elementary School Conditional Use Application CUP 2019-00001, SLR 201900003, AD] 2019-00008-00009 ("CUP") I. Introduction This firm represents the Kevin and Gillian Dressel, owners of the property immediately to the north of the proposed CUP for an elementary school. The City of Tigard Hearings Officer issued a final order dated February 6, 2020, approving the CUP ("Decision"). The Dressels have standing to appeal because they participated before in the Hearings Officer review resulting in the Decision. The Dressels are not opposed to the proposed school use, but are disappointed by the failure of the City of Tigard ("City") to require the Tigard-Tualatin School District 23] ("TTSD") to comply with the requirements of the Tigard Community Development Code ("TDC") generally, and specifically River Terrace Plan District RTPD") requirements to provide for sewer access for upstream properties. The Decision is inconsistent with state law, the TDC and the RTPD in the following ways. 1. The Decision applies TDC standards to less than the entire site. 2. The Decision applies TDC standards to less than the entire development site. 3. The Decision does not extend sewer and water to SW 161St Ave. 4. The Decision proposes a sewer alignment that stubs into a wetland, adding unnecessary expensive and difficulty to extension of the sewer to SW 161St Ave in the future. 5. The feasibility findings in the Decision are conclusory and based on the incorrect standard for feasibility. 6. The Decision allows development that is inconsistent with the TTSD equitable servitude. 1224096\v1 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD,OREGON Regarding an application by DOWL for a conditional )F I N A L O R D E R use permit, sensitive lands review, and adjustment ) CUP2019-01, SLR2019-03, to construct a 51,330 sf elementary school east of ) and ADJ2019-08-09 SW Roy Rogers Road in the City of Tigard, Oregon )(Art Rutkin Elementary School) A. SUMMARY 1. DOWL(the"applicant")requests approval of a conditional use permit to construct a 51,330 square foot elementary school on a 10.5-acre parcel located east of SW Roy Rogers Road and north of SW Beef Bend Road, known as Parcel 1 of Minor Land Partition(MLP2018-00004);also known as the western half of WCTM 2S108CC00, Tax Lot 100 (the "site").1 The site is zoned R-7 (Medium Density Residential). 2. The applicant also requests sensitive lands review for impacts to the vegetated corridor and wetlands along the southern border of the site and two adjustments to reduce the number of required bicycle parking spaces and to locate some bicycle parking spaces further from the building entry. 3.Additional basic facts about the site and surrounding land and applicable approval standards are provided in the Staff Report to the Hearings Officer dated December 30, 2019 (the"Staff Report"), incorporated herein by reference. 4. Tigard Hearings Officer Joe Turner(the"hearings officer") conducted a duly noticed public hearing to receive testimony and evidence in this matter.At the public hearing, City staff recommended approval of the application, subject to conditions of approval in the Staff Report. Representatives of the applicant testified in support of the application. A representative of the owner of the abutting property north of the site testified in opposition to the application. Disputed issues in this case include: a. Whether the CUP application is premature,because the final partition plat has not been recorded; b. Whether the proposed development is consistent with definitions of the site"and"development site"; 1 The City approved Minor Land Partition(MLP2018-00004)dividing the 20-acre parcel(WCTM 2S 108CC00,Tax Lot 100)into two parcels on August 19,2019.The school is proposed on Parcel 1 of the partition plat.That partition approval was appealed to the Land Use Board of Appeals(LUBA).As a condition of the CUP the partition is required to be platted prior to construction of the school. c. Whether the development complies with the public facility and access requirements of TDC 18.740.050.F;2 d. Whether conflicts between the findings for this application and the findings for the prior partition decision are relevant to this application; e. Whether the proposed development can comply with TDC 18.640.030.B; f. Whether the hearings officer has the authority to review and the interpret the Equitable Servitude entered into between the applicant and the City; g. Whether construction of a stormwater facility on Parcel 2 requires the installation and extension of sewer, water, and transportation infrastructure improvements on Parcel 2; h. Whether the application complies with TDC 18.740.050.E; i. Whether approval of this application impermissibly defers multiple requirements to later stages of development; j. Whether approval of this CUP application will impede the future use or development of adjacent parcels; k. Whether the application complies with the approval criteria for an adjustment to the required number of bicycle parking spaces; and 1. Whether the applicant is required to provide easements, rights-of-way,or other rights to allow future developments to expand and utilize the regional stormwater facility on Parcel 2. 5. Based on the findings and discussion provided or incorporated in this final order,the hearings officer concludes that the applicant sustained the burden of proof that the proposed development does or will comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. Therefore the application should be approved subject to such conditions. B. HEARING AND RECORD 2 The City adopted certain code updates on August 8,2019,which renumbered and modified the text of some of the applicable criteria.The hearings officer cites to and quotes the Code in effect when the application was filed. CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 2 1. The hearings officer received testimony at the public hearing about this application on January 6, 2020. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed any ex parte contacts,bias or conflicts of interest. The following is a summary by the hearings officer of selected testimony offered at the public hearing in this matter. 2. City planner Monica Bilodeau summarized the Staff Report and the proposed development. a. She noted that the site consists of the west 10.5-acres of a larger 20-acre parcel. The City approved a two-parcel partition of the larger parcel,MLP2018-00004. This development is proposed on Parcel 1 of that partition. However,the partition decision is currently under appeal to LUBA and the applicant has not filed a final partition plat. b. The applicant proposed to construct a 51,300 square foot elementary school on the site. The applicant also requested two adjustments: to reduce the number of bicycle parking spaces and to located some of the bicycle parking spaces more than 50 feet from a building entrance. c. She provided the following responses to Mr. Hall's Memorandum dated January 6,2020: i. Mr. Hall argued that this application is premature,because the partition application is under appeal. However,the Code does not preclude the applicant from submitting or the City from reviewing this application while the appeal is pending. The applicant assumes the risk that the partition approval will be reversed on appeal. The applicant cannot begin construction of the school until a final partition plat has been recorded. ii. The school is proposed Parcel 1 of MLP2018-00004. That partition decision was appealed to LUBA and the applicant has not recorded the final partition plat. Proposed condition of approval 29 provides that the applicant cannot begin construction of the school until a final partition plat has been recorded. The applicant is taking the risk that the partition decision may be reversed on appeal. If the partition decision is reversed on appeal the applicant will need to submit a new CUP application for development on the entire 20-acre parcel. A)The applicant is only proposing"development"on Parcel 1. The stormwater facility on Parcel 2 is a portion of a planned regional stormwater facility. TDC 18.640.030.E(5) allows off-site stormwater facilities. The trail on Parcel 2 is part of the stormwater facility, serving as the maintenance access road. CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 3 iii. The applicant will be required to demonstrate that all public facilities are available to the site prior to occupancy approval of the school building. iv. The findings in the City's partition decision regarding compliance with TDC 18.640.030.B are consistent with the findings in the current Staff Report for the conditional use permit application. 3. Planner Read Stapleton,planner Matt Hughart, and attorney Kelly Hossaini, testified for the applicant. a. Mr. Stapleton noted that site is identified as "institutional" in the River Terrace Community Plan, and planned as the location for a school. He summarized the design of the proposed school, noting that the applicant preserved trees on the north portion of the site to screen the school from surrounding properties. The site plan also provides separate areas for school bus and parent drop-off traffic. b. Mr. Hughart objected to proposed conditions of approval 40 and 41, requiring the applicant to pay a proportionate share of the cost of a traffic at the intersection of SW Potomac(Perth)Road and Roy Rogers Road. Condition 40 is vague regarding the methodology for determining the proportionate shares. He questioned whether other developments in the area were also required to pay proportionate shares towards this traffic signal. c. Ms. Hossaini agreed with Ms. Bilodeau's response to Mr. Hall's memorandum. The partition decision is final and effective. Therefore, the City can approve a CUP for development of Parcel 1. 4. Attorney Damien Hall appeared on behalf of Kevin and Gillian Dressel, the owners of the property immediately north of the site, and summarized his Memorandum dated January 6, 2020. The Dressels support the proposed school. But they believe that the applicant is avoiding its duty to extend roads and utilities through the entire site, specifically through the eastern portion of Tax Lot 100, Parcel 2 of MLP2018-00004. a. The Staff Report incorrectly describes the "site" and the"development site"as the 10.5 acre west portion of Tax Lot 100. These terms, as defined in the Code, include the entire 20-acre Tax Lot 100. TDC 18.640.030. i. TDC 18.30.020.C(d)(9)defines development site"as"a lot or combination of lots upon which one or more buildings or other improvements are constructed,"Parcel 2 of MLP2018-00004 is a contiguous lot upon which improvements are proposed;the applicant proposed extensive development(stormwater facilities and a pedestrian trail) on that property. Therefore,this area is part of the "development site" and TDC 18.640.030.E requires that the applicant provide street and infrastructure improvements on this portion of the site. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 4 b. The Staff Report findings for the proposed CUP are inconsistent with the findings for the prior partition approval. hi the partition decision, the City found that The requirements of[TDC 18.64.030] have been adopted and are in effect."However, the CUP Staff Report states that utility fees for transportation, sewer, and stormwater have not been adopted. c. The proposed CUP is inconsistent with sections 3,4, and 5 of the equitable servitude entered into between the applicant and the City as a condition of the partition approval. These sections require the extension of streets and utilities to the boundaries of the parcels created by the partition when development occurs on the parcels. The CUP proposes development (stormwater facilities and a pedestrian trail)on Parcel 2,but the applicant did not propose to extend streets and utilities to the boundaries of this parcel. d. He requested the hearings officer hold the record open to allow the submittal of additional argument and evidence. 5. City engineer Nicole George testified that the City is working with Washington County regarding improvements to the intersection of SW Potomac(Perth)Road and Roy Rogers Road. Other developers in the area were also required to contribute proportionate shares towards improvements to this intersection. 6. Pursuant to Mr. Hall's request,the hearings officer held the record open for one week,until 5:00 p.m. January 13,2020, to allow all parties an opportunity to submit additional testimony and evidence regarding the application. The hearings officer held the record open for an additional eight(8)days, until January 21, 2020, for all parties to submit additional testimony and evidence responding to whatever was submitted during the first open record period.3 The hearings officer held the record open for a final week, until 5:00 p.m. January 27,2020,to allow the applicant an opportunity to submit a final argument,without any new evidence. The record in this case closed at 5:00 p.m. January 27,2020. C. DISCUSSION 1. City staff recommended that the hearings officer approve the application,based on the affirmative findings and subject to conditions of approval in the Staff Report. The applicant accepted those findings and conditions without exceptions. The hearings officer adopts the findings and conclusions in the Staff Report as his own except to the extent they are inconsistent with the findings and discussion in this final order. 3 The hearings officer held the record open for an additional day because January 20,2020 was a holiday and City offices were closed. CUP2019-00001, SLR2019-00003,and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 5 2. The hearings officer finds that submittal and review of the CUP application is not premature. The partition decision was"[f]inal and effective on the date the decision was] mailed."TDC 18.710.090.B(4). The fact that the decision was appealed to LUBA does not change that fact, unless and until LUBA issues an order reversing or remanding the decision. The Code does not require recording of the partition plat prior to submittal of the CUP application. The applicant may proceed with the CUP review process, accepting the risk that the partition approval will be reversed on appeal. Condition of approval 29 prohibits the applicant from starting construction of the school until a final partition plat has been recorded. 3. There is a dispute about what constitutes the"site"or"development site."The applicant and staff argue that the "site"is the 10.5-acre Parcel 1, created by the prior partition approval. The Dressels argue that the"site"constitutes the entire 20-acre parcel, because the final partition plat has not been recorded. a. TDC 18.30.020 provides the following relevant definitions: Development site' -A lot or combination of lots upon which one or more buildings or other improvements are constructed."TDC 18.30.020.D(9). Lot' -A legally defined unit of land other than a tract that is the result of a land division. This definition is inclusive of the definitions of both lot(the result of subdividing)and parcel(the result of partitioning)provided by ORS 92."TDC 18.30.020.L(7)(b). Site' -Any unit of land or combination of contiguous units of land."TDC 18.30.020.S(2). Unit of land' -An area of land that is described by a survey or other legal description, and that is lawfully established as discrete and transferable. A unit of land created solely to establish a separate tax account is not considered lawfully established."TDC 18.30.020.L(7)(a). Use' - The purpose for which land or a structure is designed, arranged, or intended,or for which it is occupied or maintained." TDC 18.30.020.U(1). b. The hearings officer finds that the"site"in this case is the 10.5-acre Parcel 1, created by the prior partition approval. Although the final partition plat has not been recorded,the partition approval is final and effective. Therefore, that approval can CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 6 be relied upon for purposes of this CUP application. The conditions of approval require that the applicant record the final partition plat prior to beginning construction on the site. c. The hearings officer further finds that even if the"site" is defined as the entire 20-acre parcel,the application complies with all applicable approval criteria that refer to the"site"or"development site." i. TDC 18.740.050.A requires a finding that, "The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features."This criterion is met whether the site is the 10.5-acre Parcel I created by the approved partition or the entire 20-acre pre-partition parcel. Either"site"is large enough to accommodate the school building and associated improvements such as parking areas, drive aisles and outdoor play areas. The project has been designed to preserve the large stand of mature trees at the north end of the site. There is also adequate space on the site and the adjacent Parcel 2, for the regional stormwater facility and regional trail extension located at the south end of the site and the adjacent Parcel 2. The vegetated corridor and small wetland in the south part of the site, or the adjacent Parcel 2 will be impacted by the storm facility and trail corridor;however, those impacts will be minimized and mitigated as required by Clean Water Services and any other applicable jurisdictional requirements. The site is located in an urbanizing area of the city; lands to the north and east of the site are recently developed or planned for development. The entire 20-acre pre-partition parcel site has been planned for a new school since concept planning for the River Terrace community began. ii. TDC 18.740.050.D requires a finding that,"The proposed use is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable."This criteria relates to the location and design of the proposed use,which is a school and associated uses and activities. This criterion is met based on the findings in the Staff Report,which are incorporated herein. The school provides safe and comfortable pedestrian access throughout the site with three separate pedestrian connections between the sidewalk on River Terrace Boulevard and the school, as well as providing pedestrian access between the parking areas and the school. The applicant will also construct a portion of the planned regional trail along the west and south boundaries of the site and extending onto Parcel 2. The proposed use is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site. iii. TDC 18.410.040.H(3)requires a finding that,"Parking area lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site."As shown on the Photometric Site Plan Sheet EL701,no outdoor lighting on the site, including parking area lighting, will cause a light trespass of more than 0.5 footcandles,measured vertically at the boundaries of the site,whether site"is defined as the 10.5-acre Parcel 1 created by the approved partition or the entire 20-acre pre-partition parcel. This criterion is met. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 7 iv. TDC 18.410.050.A(2)regulates the location of bicycle parking in relation to primary buildings "on the site."No buildings are proposed on Parcel 2. All buildings are proposed on Parcel 1 or the western half of the 20-acre pre-partition parcel. This criterion is met pursuant to the requested adjustment,based on the findings in Staff Report,which are incorporated herein. v. TDC 18.420.040.B provides, "Landscaping or other areas used to meet the minimum landscape area standard must be provided on site..." A) As noted in the Staff Report,there is no minimum landscape area standard for a school use in chapters 18.200 and 18.300; site landscaping is proposed and reviewed through the Conditional Use process. As demonstrated on the landscape and planting plans (Sheets L100—L201) all areas of the site,whether defined as Parcel 1 or the 20-acre pre-partition parcel,not occupied by buildings,parking lots and drive aisles will be landscaped with a combination of hardscape plazas,landscape areas. This standard is met. B) Section 10, Part 3 Subpart N.3 of the city's Urban Forestry Manual (UFM)requires 25-percent tree canopy coverage"[for the overall development site." The hearings officer fords that the"Development site" is limited to Parcel 1.As noted above, TDC 18.30.020.D(9) defines"Development site"as"A lot or combination of lots upon which one or more buildings or other improvements are constructed."At this time there are no buildings on the entire the 20-acre pre-partition parcel. All buildings are proposed on Parcel 1. Pursuant to Condition 29,no buildings can be constructed until the final partition plat has been recorded. Therefore,the Development site"will not exist until after the final partition plat has been recorded and the tree canopy coverage requirement only applies to the "development site" on Parcel 1, where buildings are proposed. The proposed development will exceed the 25-percent tree canopy coverage requirement for Parcel 1, based on the findings in the Staff Report. All of the required trees will be located on the site,whether defined as Parcel 1 or the entire 20-acre pre-partition parcel. vi. TDC 18.420.060.A provides,"Site tree canopy standards,which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and 0."Although this section refers to "[t)ree canopy cover for an entire site..."UFM Section 10, Part 3, Subparts N and 0 actually require tree canopy coverage"[f]or the overall development site."As discussed above, the"development site"is limited to Parcel 1 and the proposed development will meet the 25-percent tree canopy coverage for Parcel 1. This criterion is met. vii. TDC 18.420.060.B provides, in relevant part, "An urban forestry plan is required to demonstrate compliance with site ... tree canopy standards and must meet the requirements of UFM Sections 10 through 13. As discussed above, the tree canopy standards of the UFM only apply to the"development site,"which is Parcel CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 8 1. This standard is met for Parcel 1.based on the findings in the Staff Report,which are incorporated herein. viii. 18.420.060.B(5)(a)requires a minimum number of street trees determined by dividing the length in feet of the site's street frontage by 40 feet. In this case,the site's street frontage is limited to 658 feet along River Terrace Boulevard, located on the west boundary of Parcel 1 and the 20-acre pre-partition parcel. Although additional street frontage will be constructed on the eastern boundary of Parcel 2 and the 20-acre pre-partition parcel, construction of that street frontage is not required for the development proposed in this application; the applicable approval criteria for this application do not require construction of a street on the east boundary at this time. As discussed in the Staff Report, this criterion can be met with a condition of approval requiring additional street trees along the River Terrace Boulevard frontage. ix. TDC18.640.030.E(1)requires that: Infrastructure improvements for water, sewer, stormwater, and transportation systems...must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan...[taking] into account the topography, size, and shape of the development site; the impact of the improvement on the development site; and, the reasonableness of available options during its review. A)The hearings officer fmds that this criterion requires the City to consider the topography, size, and shape of impacts on the"development site."As discussed above, "the development site"in this case is limited to Parcel 1. This criterion is met; the proposed development will not unduly or unnecessarily restrict the ability of other properties to develop in accordance with the applicable River Terrace Infrastructure Master Plan,based on the following findings. 1)As discussed in the January 15, 2020 Memorandum from KPFF (attachment 1 of the applicant's January 21, 2020 submittal), the sewer lines proposed on Parcel 1 will be located at sufficient depth to serve Parcel 2. Sewer and water can be extended to the Dressel property from the sewer and water lines in River Terrace Boulevard. Sewer and water service can also be extended from Parcel 2, when that property is developed in the future. There is no substantial evidence to the contrary. 2) The location of the regional stormwater facility on Parcel 2 will not preclude development on that parcel. Contrary to the Dressel's assertion,the stormwater facility is not located"in the center"of Parcel 2. (p. of Mr. CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Of ger Final Order Art Ruskin Elementary School) Page 9 Hall's January 12, 2020 letter). The stormwater facility is proposed in the southwest corner of Parcel 2, leaving the remainder of the parcel available for future development. This is consistent with the adopted River Terrace Master Plan,which shows a regional stormwater facility in roughly this location. x. TDC18.640.030.E(2)requires that water, sewer, and stormwater must be placed in easements that extend through and to the edge of the development site. As discussed above,the"development site" in this case is limited to Parcel 1. As shown in the applicant's utility plans, all required utilities will be located in easements and extended to the edge of the development site, Parcel 1. This criterion is met. xi. TDC 18.640.090.A refers to the "development site"and the school site,"both of which are limited to Parcel 1. This criterion is met based on the findings in the Staff Report,which are incorporated herein. xii. TDC 18.910.030.F(1)(b)requires that a future street plan identify certain facilities "[w]ithin 530 feet of the site."However,as noted in the Staff Report, a future street plan is not required for this application because it does not include a subdivision or partition. This criterion is inapplicable. xiii. TDC 18.910.030.H(2)requires that streets which abut a development site must be extended within the site. As discussed above, the "development site" in this case is limited to Parcel 1. River Terrace Boulevard is the only street abutting the"development site,"Parcel 1. The applicant proposed to extend River Terrace Boulevard along the west boundary of the site, consistent with the River Terrace Master Plan. As discussed in the Staff Report,the applicant is not required to provide east-west cross-circulation through the school site pursuant to the exceptions allowed in TDC 18.640.090.A.2. This criterion is met based on the findings in the Staff Report,which are incorporated herein. xiv. TDC 18.910.030.CC(2)(a) authorizes the City to require a traffic study when"the site is within 500 feet of an ODOT facility."A traffic study was provided in this case. Therefore, whether the site is defined as Parcel 1 or the 20-acre pre- partition parcel is irrelevant for purposes of this criterion. xv. TDC18.910.070.B(2)requires connections to existing sidewalks within 300 feet of a development site. There are no existing sidewalks within 300 feet of Parcel 1 or the 20-acre pre-partition parcel, with the possible exception of sidewalks on River Terrace Drive, which is currently under construction north of the site. The applicant will connect sidewalks on the site to offsite sidewalks on the east side of River Terrace Drive as part of this development. Therefore,this criterion is either met or it is inapplicable. CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 10 4.The Dressels argue that this application does not comply with TDC 18.740.050.F,because public facilities,vehicular access,water and sewer, are not currently extended to the site. However,the plain language of this section requires that the applicant to show that, "Adequate public facilities are available to serve the proposed use at the time of occupancy." (Emphasis added). The hearings officer finds that it is feasible to comply with this criterion at the time of occupancy of the proposed school. a. The City approved the Polygon owned"River Terrace South" development north of the site in August 2018. That development is currently under construction. As part of that development Polygon will extend public street improvements for River Terrace Boulevard to the north boundary of the site. The development will also extend sanitary sewer and water mains within the River Terrace Boulevard r.ght-of-way. According to the applicant, Polygon plans to begin construction of those improvements in May 2020. The improvements are expected to be completed prior to occupancy of the proposed school in September 2021. (See p. 1 of Ms. Hossaini's January 13, 2020 letter and p. 2 of her January 27, 2020 letter). Therefore, adequate public facilities will be available to serve the proposed use at the time of occupancy of the proposed school. If necessary, the applicant could work with Polygon to construct the required improvements itself in order to ensure they are available to the site in a timely manner,prior to occupancy of the proposed school. The examiner finds it is feasible to comply with this requirement. The conditions of approval provide adequate assurance this requirement will be met prior to occupancy approval. 5. The Dressels note that the findings in the Staff Report regarding TDC 18.640.030.B conflict with the findings in the prior partition decision, MLP2018-00004 Art Rutkin Partition) a. In the partition decision the director stated, "The requirements of 18.660.030.B have been adopted and are in effect."4 (p. 2 of Exhibit C of Mr. Hall's January 6,2020 letter and p. 1 of Attachment 1 of Ms. Hossaini's January 13, 2020 letter). The hearings officer stated, "The City has adopted the funding components of the River Terrace Funding Strategy as required by TDC 18.640.030.B(1)(-(3)."(Exhibit D of Mr. Hall's January 6, 2020 letter). In the Staff Report for the current CUP application the City stated, "The City adopted the SDC funding components listed above on April 2015 but has yet to adopt the utility fees for transportation, sewer, and stormwater." (p. 21 of the Staff Report). b. It appears that the Dressels are correct; the findings in the prior decisions regarding MLP2018-00004 were incorrect. The City has yet to adopt the utility fees. However, these errors are irrelevant. As discussed in the director's decision for MLP2018-00004,no development rights vested under the partition application and no 4 The director's decision for MLP2018-00004(Art Rutkin Partition)cites to TDC 18.660.030.The quoted text is in current 18.640.030.Whether this is due to either a typographical error or a change in the Code is irrelevant.The Code language is the same. CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 11 development is possible on the partition parcels without a future land use ap:plication. (p. 3 of Attachment 1 of Ms. Hossaini's January 13, 2020 letter). 6. The Dressels further argue that the applicant cannot satisfy TDC 18.640.030.B, because the City has not adopted the required utility fee surcharges. However, TDC 18.640.030.D authorizes an exception to the requirements of TDC 18.640.030.B. Condition of approval 7 in the Staff Report requires the applicant submit and receive approval of an Adequate Public Facilities Exception application prior to any site work. The hearings officer finds that it is feasible to apply for exception, which will be subject to additional Type II review. Therefore,the hearings officer finds that, as conditioned,the application can comply with TDC 18.640.030.B. It is unnecessary for the hearings officer to find that approval of an exception is feasible,because the exception will be subject to additional City review with additional public notice and opportunity to comment. Wal- Mart Stores, Inc. v. City of Bend, LUBA No. 2006-040, 52 Or LUBA 261,285-287 2006). 7. The Dressels argue that this CUP application is inconsistent with the terms of the Equitable Servitude,because the applicant is proposing substantial development on Lot 2 without constructing required road improvements or extending public facilities. The Equitable Servitude is an agreement between the applicant and the City,which the hearings officer has no jurisdiction to review or interpret. Compliance with the Equitable Servitude is not relevant to the applicable approval criteria for this CUP application. 8. The Dressels argue that,because the applicant is constructing a stormwater facility on Parcel 2, the applicant is required to construct sewer, water, and transportation infrastructure improvements on Parcel 2 and extend those improvements to the boundaries of the site. However, the stormwater facility on Parcel 2 is part of a planned regional facility. It is public infrastructure that supports the development proposed on Parcel 1. Sewer, water,and transportation improvements are not needed to serve this facility. 9. The Dressels argue that, "the proposed use does not comply with TDC 18.740.050.E,"because the application does not comply with the approval criteria cited in the remainder of Mr. Hall's letter. (p. 1 of Mr. Hall's January 13, 2020 letter). The hearings officer finds that this criterion is met as, "The proposed use complies with all applicable development standards and requirements of this title, except where an adjustment has been approved"based on the affirmative findings provided or incorporated in this Final Order. 10. The Dressels argue that, "The Staff Report impermissibly defers multiple requirements to later stages of development without adequately identifying the standards deferred or adequately demonstrating that the standards can be property deferred."(p. 1 of Mr. Hall's January 12, 2020 letter). However,with the exception of the issue regarding CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 12 the definition of the"site"discussed above,they failed to identify any specific standards that are not met or were improperly deferred. 11.The Dressels argue that approval of this CUP application will restrict development of adjacent parcels due to alleged failure to extend sewer and other infrastructure and placement of a"[h]olding pond in the center..."of Parcel 2. (p. 1 of Mr. Hall's January 12,2020 letter). The Dressels cite TDC 18.640.030.A, 18.640.030.E. and 18.640.040.B in support of this argument. a. As discussed above, the hearings officer fords that it is feasible to extend water and sewer to the Dressels' property as discussed in the KPFF memo. Sewer and water can be extended from the sewer and water lines in River Terrace Boulevard. Sewer and water service can also be extended from Parcel 2,when that property is developed in the future. There is no substantial evidence to the contrary. Although it may be cheaper and easier to connect to utilities in Parcel 2, the applicant is not required to develop that Parcel merely to facilitate development on adjacent parcels. Any future development on this site will be required to install all required public infrastructure and extend that infrastructure to the boundaries of the development site. b. TDC 18.640.030.A is a purpose statement, not an approval criterion. The goals set out in purpose statements are achieved through compliance with the implementing regulations and approval criteria. The purpose statements themselves are not relevant unless they include specific approval criteria or the implementing regulations that follow are ambiguous, and resort to the purpose statements is necessary to determine the context and meaning of ambiguous terms. See, e.g., Beck v. City of Tillamook, 18 Or LUBA 587 (1990) (Purpose statement stating general objectives only is not an approval criterion). c. TDC 18.640.030.E(1)is addressed above. d. The hearings officer finds that the proposed CUP will not impede the future use or development of adjacent properties that are not under the applicant's control. TDC 18.640.040.B(2). As discussed above,the applicant will extend utilities to the boundaries of Parcel 1, allowing for future extension when abutting properties redevelop. In addition, it is feasible to extend water and sewer to the Dressels' property as discussed in the KPFF memo. 12.The applicant requested an adjustment to reduce the number of required bicycle parking spaces from 156 to 665 bicycle parking spaces. The hearings officer finds that the proposed adjustment is consistent with the approval criteria in TDC 18.715.050.A. 5 The applicant proposes to immediately provide 52 bike parking spaces on the site and provide space for an additional 14 future bike parking spaces,which will be provided in the future if and when warranted by increased bicycle parking demand at the site. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 13 a. The proposed adjustment will result in development that is generally consistent with the purpose of the off-street parking and loading standards. T'DC 18.715.050.A(1). The Code does not provide a separate purpose statement for bicycle parking. TDC 18.410.010 provides that the purpose of the parking and loading standards is to: A. provide adequate capacity, B. locate parking in close proximity to uses, and C. maintain the capacity of area streets and minimize hazards. i. The proposed adjustment will provide adequate bicycle parking capacity to accommodate projected demand. TDC 18.410.O10.A. The 66 bicycle parking spaces on the site will accommodate a ten-percent bicycling mode split,which exceeds the six-to nine-percent mode split observed at other existing elementary schools in the City of Tigard. (See p. 22 of the applicant's Traffic Impact Study). As noted in the Staff Report, the River Terrace area emphasizes alternative means of transportation, with sidewalks and trails throughout the area that will facilitate bicycling and walking to a much greater degree than is currently possible at the other schools cited in the traffic study. However,the proposed school is located at the edge of the UGB—land to the south and west of the site is currently zoned for rural uses. Only the lands to the north and east of the site will generate the higher bicycling traffic noted by Staff,thereby reducing the number of students living within bicycling distance of the school. TDC 18.410.010. B and C are not relevant to this adjustment. b. The proposed adjustment is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the Residential base zone. TDC 18.715.050.A(2). Although this area is planned for higher density urban development,the existing development pattern consists of large acreage lots that are unlikely to generate a significant amount of bicycle traffic. The proposed adjustment will promote opportunities for walkability(bicycling)by providing sufficient bicycle parking spaces to accommodate expected demand, consistent with the purpose of the purpose of the Residential zone,TDC 18.110.010.D.6 c. The proposed adjustment addresses an unusual situation. TDC 18.715.050.A(3). As noted above,the school site is located at the edge of the UGB. Therefore,this school is likely to attract fewer bicycle trips than other school'.s that are surrounded by urban development on all sides. d. The proposed adjustment will have no impact on city-designated sensitive lands. TDC 18.715.050.A(4). e.The proposed adjustment will not create impacts requiring mitigation. TDC 18.715.050.A(5). The adjustment is intended to provide enough bicycle parking to accommodate expected demand without providing excess,unused and un-needed bicycle parking spaces. 6 TDC 18.110.010 provides additional purposes,but none of them relate to bicycle parking. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 14 13. The hearings officer finds that it is feasible to provide additional bicycle parking on the site if needed to accommodate actual demand that may arise in the future as additional development occurs in the area. a. The applicant proposed to provide 52 bicycle parking spaces when the school opens: 24 spaces(12 covered) at the northwest corner of the building and an additional 28 covered spaces near the southeast corner of the building. (See Plan Sheet A051). The hearings officer finds the proposed 52 spaces is sufficient to accommodate expected initial demand for bicycle parking. As discussed in the Staff Report, lands near the school that are within the UGB are not yet fully developed. Therefore,bicycle trips to the school are likely to be less than what would be experienced at a school in a more urban location until additional higher density development occurs in this area. b. The applicant can provide additional bicycle parking on the site in the future if required to meet increased demand as the surrounding area develops. Plan Sheet A051 also shows 14 additional future bicycle parking spaces in front of the western courtyard/plaza that will be provided in the future when additional development in the surrounding areas increases demand for bicycle parking.During the open record period the applicant submitted a site plan illustrating the opportunity for eight additional covered bicycle parking spaces at the southeast corner of the building and an additional 82 bicycle parking spaces at the northwest corner of the building, for a total of 156 bicycle parking spaces, consistent with the un-adjusted requirement of TDC Table 18.410.3. (See Attachment 2 of Ms. Hossaini's January 21,2020 letter). The applicant should be required to monitor bicycle parking demand on the site and provide additional bicycle parking racks as necessary to accommodate increased demand. A condition of approval is warranted to that effect. 14. The Dressels argue that the applicant should be required to provide easements, rights-of-way, or other rights to allow future developments to expand and utilize the regional stormwater facility on Parcel 2. However, they failed to point to any applicable approval criteria requiring such easements at this time. With this development the applicant is only required to construct stormwater facilities necessary to serve the proposed development. In the future the City can negotiate with the applicant to acquire easements or other rights necessary to expand the planned regional facility. 15.The hearings officer modified proposed condition of approval 40 as requested by staff and the applicant to clarify the process for determining the need for and proportionate share costs of a traffic signals at the intersection of Potomac and Roy Rogers Roads. D. CONCLUSIONS CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Ruskin Elementary School) Page 15 Based on the findings and discussion provided or incorporated in this final order, the hearings officer concludes that the applicant sustained the burden of proof that the proposed conditional use permit, sensitive lands review, and adjustments do or will comply with the applicable criteria of the Community Development Code,provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs in fact. E. DECISION In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and public testimony and exhibits received in this matter,the hearings officer hereby approves CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Art Rutkin Elementary School) subject to the following conditions of approval: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO PERMIT SUBMISSION: 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee must be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the Community Development Department Attn: Monica Bilodeau, 503-718-2427. The cover letter must clearly identify where in the submittal the required information is found: 2. Prior to any site work, the project arborist must perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 3. The project arborist must 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 site work,the applicant must provide a fee for the city's cost of collecting and processing the inventory data for the entire urban forestry plan. The CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 16 number to be verified by staff and the project Arborist. 5. Prior to site work,the applicant must provide a tree establishment bond for all trees to be planted in accordance with the approved urban forestry plan. The total bond amount must be equivalent to the city's average cost to plant and maintain a tree according to the applicable standards in the Urban Forestry Manual for a period of one years after planting multiplied by the total number of trees to be planted and maintained. The number to be verified by staff and the project Arborist. 6. Please submit a revised urban forestry plan showing a minimum of 16 street trees along River Terrace Boulevard. 7. Prior to any site work, the applicant must submit and receive approval for an Adequate Public Facilities Exception application. The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements,to the ENGINEERING DEPARTMENT,ATTN: ROB MURCHISON at(503)718-2699. The cover letter must clearly identify where in the submittal the required information is found: 8. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions must be designed in accordance with the following codes and standards: City of Tigard Public Improvement Design Standards including Public Improvement Design Standards for River Terrace Stormwater Management and Clean Water Services (CWS)Design and Construction Standards Tigard Community Development Codes, Municipal Codes Tualatin Valley Fire and Rescue Fire Codes Other applicable City,County, State, and Federal Codes and Standard Guidelines 9. Improvements associated with public infrastructures including street and right of way dedication,utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 10. Prior to commencing site improvements, the Applicant must obtain permits from Washington County, State, Federal, and other agencies as needed. 11. Prior to commencing site improvements, a Public Facility Improvement(PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four(4) sets of detailed public improvement plans must be submitted for review to the Engineering Department. An Engineering cost estimate 0f improvements associated with public infrastructures including but not limited to street,street grading,utilities,stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities must be provided at the time of CUP2019-00001,SLR2019-00003,andADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 17 PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering cost estimate of water improvement must be listed as a separate line item from the total cost estimate. 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 permit plans must 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). 12. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the"Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 13. Prior to commencing site improvements,the Applicant must 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 must be provided or.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 must include the vehicles of all suppliers and employees associated with the project. 14. Prior to commencing site improvements, the Applicant must provide the Engineering Division a photometric analysis of street lighting within the public right of way for review and approval. Decorative LED street lights matching the lights used on River Terrace Boulevard in existing developments north of the school site are required on River Terrace Boulevard. The Applicant must submit plans showing the location of streetlights to the Engineering Division for review and approval. Type and color of pole and light fixture must also be included on the plan for review and approval. 15. Prior to commencing site improvements, the Applicant must submit plans showing the following items to Engineering for review and approval: SW River Terrace Blvd must include and must be shown to have: 70-foot right of way dedication measured from the future centerline alignment 24-foot half street: o Two 12-foot travel lanes o Asphalt Pavement structural section meeting City of Tigard— Collector Street cross section same as River Terrace Blvd to the North. Curb and gutter or curb only median East side of the street: o 6-foot curb tight concrete sidewalk o 3 to 23-foot planter/swale o 12-foot meandering multi-use path o 3 to 23-foot planter Streetlights as recommended from the approved photometric analysis CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Ruskin Elementary School) Page 18 Curb radii meeting City of Tigard Standards Intersection ADA ramps meeting the requirements of PROWAG Storm drainage improvement meeting River Terrace Stormwater Management Standards, and CWS Design and Construction Standards Underground utilities Street signs,names and traffic control devices, striping meeting the MUTCD, and City of Tigard Standards Street profile and center line radius meeting City of Tigard Standards. A standard crown section that will allow for the crest to be located on the future centerline. This requirement will allow for future median design and construction while minimizing modification of the existing storm drain system. 16. Prior to commencing site improvements, submit a final storm drainage report and site plans as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Divisionfor review and approval. Water quantity design and calculations must be prepared in accordance with TRUST hydraulic model.The storm drainage report must be prepared and include a maintenance plan in accordance with City of Tigard Standards and CWS Design and Construction Standards 17. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Plans must include the construction of a 12"diameter sewer line from the northwest corner of the site to the east side of the site in a manner that keeps the uphill terminus of the sewer at the lowest elevation possible to maximize the amount of development that can be served to the east of the site. 18. Prior to commencing site improvements,the Applicant must submit evidence from CWS indicating that there is sufficient pump station capacity and associated force main and gravity main capacity to serve the proposed development 19. Prior to commencing site improvements,the Applicant must demonstrate through calculations,plans, exhibits and any other necessary documents or agreements that sufficient water capacity is available to serve the site. Applicant must coordinate with the developer of South River Terrace for the provision of a larger 550-zone waterline to the school site if it is determined that an eight-inch diameter water line does not have adequate capacity. 20. Prior to commencing site improvements,the Applicant must submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines, hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. Looped systems will be required where possible. Dead end mains must be approved by the City Engineer. Plans must CUP2019-00001. SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 19 include extension of the 550 zone public waterline, sized to match the 550 zone waterline serving the site,to the eastern limits of the project site. 21. Prior to commencing site improvements, submit plans as part of the PFI Permit showing the construction of an 18-inch diameter, 410 zone waterline in River Terrace Blvd, along the entire project frontage. Coordinate the point of connection at the northwest corner of the site with the improvements being done as part of the South River Terrace development. 22. Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire and Rescue(TVF&R) for fire flow, hydrant placement, emergency vehicular access, turn around, and private drive widths with and without parking. 23. Prior to commencing site improvements, an erosion control plan must be provided as part of the PFI Permit drawings. The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition)and submitted to City of Tigard with the PFI plans. 24. Prior to commencing site improvements,the Applicant must obtain a 1200-C General Permit issued through CWS pursuant to ORS 468.740 and the Federal Clean Water Act. 25. Prior to commencing site improvements, the Applicant must obtain any applicable U.S.Army Corps of Engineers/Department of State Lands (DSL)permits and submit to the city the applicable DSL and U.S. Army Corps permits. 26. Prior to commencing site improvements, a final grading plan must be submitted showing the existing and proposed contours. The plan must detail the provisions for surface drainage of the site, and show that it will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The design engineer must indicate, on the grading plan, which portions of the site have natural slopes between 10 percent and 20 percent, as well as any areas that have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the site is developed. 27. Prior to commencing site improvements, the Applicant must submit a comprehensive geotechnical report that evaluates existing conditions and provides recommendations for the proposed development to Engineering for review and approval. The recommendations in the report must be incorporated into the final grading plan. 28. Prior to commencing site improvements, the Applicant must submit site plans showing location of the street monuments to Engineering for review and approval. Monument boxes conforming to City standards will be required around all centerline intersection points,cul-de-sac center points, and points of curvature,with the tops of all monument boxes set to finished pavement grade. 29. Prior to issuance of any development permit the applicant must have recorded the CUP2019-00001, SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 20 partition plat,case number MLP2018-00004. 30. Prior to issuance of the PFI Permit, submit an Autocad file of the construction plan to the City for GIS purposes. 31. Prior to issuance of the PFI Permit,the applicant must pay the City a fee in lieu of providing community amenities as required by the Public Improvement Design Standards for River Terrace Stormwater Management, should the Applicant decide to not provide the amenities. The fee in lieu must be in an amount as determined by the City Engineer. 32. Prior to issuance of the PFI Permit,the Applicant must obtain a CWS Stormwater Connection Authorization. Plans must be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 33. Prior to issuance of the PFI Permit,the applicant must include improvement details for the River Terrace Community Trail along the entire River Terrace Boulevard right of way, and along the southern border of the school site and regional stormwater facility on the final plans. The trail outside of the right of way must include a 12 foot wide paved width within a 14 foot wide easement,and must be constructed to meet Trail ADA guidelines as defined by the United States Access Board. 34. Applicant must show proof of possession prior to issuance of the PFI Permit,the portion of right of way needed for the construction of River Terrace Boulevard that is on the property commonly known as Tax Lot 2S108CB00300 must be dedicated to the City. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO RELEASE OF THE PERFORMANCE BOND AND START OF THE MAINTENACE PERIOD: 35. All improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction must be completed.The Applicant must obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 36. All public utility facilities including,but not limited to storm drainage,water quality and quantity, sanitary sewer,water, street lighting, gas,electrical, communication, and wireless must be completed. Public storm water quality and quantity facilities must be provided with three years of maintenance. 37. Provide Autocad files of the as-built drawings to the City for GIS purposes. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 38. Prior to issuance of building permit the details of bicycle parking racks are to be submitted and approved by Planning. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 21 39. Prior to issuance of building permits a service provider letter from Pride is required to meet the Franchise hauler requirements. 40. The applicant's traffic engineer must submit an addendum to its traffic memo dated, April 11, 2019. The addendum shall provide a signal warrant analysis to determine whether thresholds are met for the installation of a traffic signal at SW Potomac Road. and Roy Rogers Road. If warrants are not met,the applicant shall provide an analysis to determine at what point warrants are met. The addendum shall outline the applicant's proportional share cost for the traffic signal via a mutually agreed upon methodology.The addendum shall include a construction cost estimate for the traffic signal that can be used to base proportional estimates. 41. Submit a check to Washington County for approved proportionate share of signal construction. 42. The City must have issued a PFI Permit that will construct River Terrace Boulevard and SW Potomac(Perth)Road, and the sanitary sewer and water services to serve the school site, all of which are associated with the Phase 2 South River Terrace development. 43. Have provided a source of water for fire suppression to the satisfaction of TVF&R. 44. Have provided 20-foot wide, all weather access road and turnaround to the Site to the satisfaction of TVF&R. 45. Have filed a final construction supervision report with the Engineering Department to the satisfaction of the City Engineer. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO ISSUANCE OF BUILDING OCCUPANCY: 46. Prior to final occupancy the portion of River Terrace Boulevard that is on the property commonly known as Tax Lot 2S 108CB00300 must be dedicated to the City. 47. Prior to a final occupancy the applicant must call for a final planning inspection to ensure the project was completed according to the approved plan. 48. Prior to final occupancy, the project arborist must perform a final site inspection to 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. The report will be used to mark the beginning of the tree establishment bond period. CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 22 49. The Applicant must substantially complete all work included in the PFI for the project as determined by the City Engineer. 50. Construction of road improvements from the Site to either Roy Rogers Boulevard or Bull Mountain Road to include roundabout, approved and permitted structures, curb and gutter, sidewalk, street lighting, and a minimum of one lift of pavement must be substantially complete as determined by the City Engineer. This condition may be satisfied by a third party. 51. Construction of the water line and sanitary sewer line from the Site to their respective points of connection must be substantially complete as determined by the City Engineer. This condition may be satisfied by a third party. 52. Dedication of public right of way from the Site to either Roy Rogers Boulevard or Bull Mountain Road This condition may be satisfied by a third party. 53. Completion of street intersection improvements at the intersection of Perth Rd and Roy Rogers Road to the satisfaction of Washington County, if Roy Rogers is going to be the access point for the school. This condition may be satisfied by a third party. 54. The Applicant must submit to the Engineering Division the Final Intersection Sight Distance Certifications for all the intersections and driveways internal to and adjacent to the development for review and approval. 55. Public right of way for River Terrace Boulevard(70 foot wide)must be dedicated to the city. 56. Utility easements for all public storm drain, sanitary sewer, and water that are not in the public right of way must be dedicated to the city to the satisfaction of the City Engineer. 57. A storm drain and surface water drainage easement over the regional stormwater facility must be dedicated to the city to the satisfaction of the City Engineer. This includes an easement over the maintenance access road and turnaround if required. 58. A 12-foot-wide pedestrian and bicycle access easement over the portion of the community trail that is not within the River Terrace Boulevard right of way must be dedicated to the city. THE FOLLOWING CONDITION SHALL APPLY TO FUTURE OPERATION OF THE SCHOOL: CUP2019-00001, SLR2019-00003, and AD.I2019-00008-00009 Hearings Officer Final Order Art Rutkin Elementary School) Page 23 59. The district shall regularly monitor the availability of bike parking at the school and, in the event that bike parking demand approaches capacity for the 52 bike parking spaces initially proposed for the site the applicant shall provide additional bike parking spaces as indicated on Attachment 2 of Ms. Hossaini's January 21, 2020 letter, up to the maximum 156 bicycle parking spaces required by TDC Table 18.410.3. DATED this 0 day of February 2020. Joe Turner,Esq., AICP City of Tigard Land Use Hearings Officer CUP2019-00001,SLR2019-00003, and ADJ2019-00008-00009 Hearings Officer Final Order Art Ruskin Elementary School) Page 24 Agenda Item: 2.1 Hearing Date: January 6,2020 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER iII VII FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 2/19/2020 SECTION I. APPLICATION SUMMARY FILE NAME: ART RUTKIN ELEMENTARY SCHOOL CASE NOS.: Conditional Use Permit (CUP) CUP2019-00001 Sensitive Lands Review (SLR) SLR 2019-00003 Adjustment (ADD ADJ2019-00008-00009 REQUEST: The proposed Art Rutkin Elementary school will consist of the construction of a new approximately 51,300 square foot two-story elementary school serving up to 650 students. The site includes 81 surface parking stalls, a bus loop to accommodate eights buses, a separate parent drop-off south of the bus loop, a playfield, garden, outdoor playground, and stormwater facility. Two adjustments are requested to reduce the number of required bicycle parking and location. The sensitive lands review looks at impacts to the vegetated corridor and wetlands along the southern border of the site. OWNER:Tigard Tualatin School District 6960 SW Sandburg St. Tigard, OR 97223 APPLICANT'S DOWL AGENT: Read Stapleton 720 SW Washington Street, Suite 750 Portland, OR 97205 971-280-8661/rstapleton@dowl.com LOCATION: WCTM 2S108CC00,Tax Lot 100 CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 1 OF 48 ZONE/ COMP PLAN DESIGNATION: R-7:medium-density residential district.The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units,at a minimum lot size of 5,000 square feet,and duplexes,at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.110,18.200,18.410,18.420,18.510,18.640,18.710, 18.715, 18.740,18.910,18.920,19.930. SECTION II STAFF RECOMMENDATION Staff recommends that Hearings Officer find that the proposed Conditional Use,Adjustment, and Sensitive Lands review will not adversely affect the health,safety and welfare of the City and meets the applicable approval standards as outlined in Section VI of this report. Therefore, Staff recommends APPROVAL, subject to the following recommended Conditions of Approval: CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 2 OF 48 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO PERMIT SUBMISSION: 1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring that new street names are approved and addresses are assigned. Prior to permit submission pay the addressing fee. The address fee must be assessed in accordance with the current Master Fee Schedule. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING,EXCAVATION AND/OR FILL ACTIVITIES: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the Community Development Department Attn: Monica Bilodeau,503-718-2427.The cover letter must clearly identify where in the submittal the required information is found: 2. Prior to any site work,the project arborist must perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 3. The project arborist must 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 site work,the applicant must provide a fee for the city's cost of collecting and processing the inventory data for the entire urban forestry plan. The number to be verified by staff and the project Arborist. 5. Prior to site work, the applicant must provide a tree establishment bond for all trees to be planted in accordance with the approved urban forestry plan.The total bond amount must be equivalent to the city's average cost to plant and maintain a tree according to the applicable standards in the Urban Forestry Manual for a period of one years after planting multiplied by the total number of trees to be planted and maintained. The number to be verified by staff and the project Arborist. 6. Please submit a revised urban forestry plan showing a minimum of 16 street trees along River Terrace Boulevard. 7. Prior to any site work,the applicant must submit and receive approval for an Adequate Public Facilities Exception application. The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements, to the ENGINEERING DEPARTMENT,ATTN: ROB MURCHISON at (503)718-2699.The cover letter must clearly identify where in the submittal the required information is found: 8. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading,water quality and quantity facility,streetlights,easements,easement locations,and utility connection for future utility extensions must be designed in accordance with the following codes and standards: City of Tigard Public Improvement Design Standards including Public Improvement Design Standards for River Terrace Stormwater Management and Clean Water Services (CWS) Design and Construction Standards Tigard Community Development Codes,Municipal Codec CUP2019-00001- T RUTKIN ELEMENTARY SCHOOL PAGE 3 OF 48 Tualatin Valley Fire and Rescue Fire Codes Other applicable City,County,State,and Federal Codes and Standard Guidelines 9. Improvements associated with public infrastructures including street and right of way dedication,utilities, grading,water quality and quantity facility,streetlights,easements,easement locations,and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 10. Prior to commencing site improvements,the Applicant must obtain permits from Washington County, State,Federal,and other agencies as needed. 11. Prior to commencing site improvements,a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans must be submitted for review to the Engineering Department.An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street,street grading,utilities,stormwater quality and water quantity facilities, sanitary sewer, streetlights,and franchise utilities must be provided at the time of PFI Permit submittal.When the water system is under the City of Tigard jurisdiction,an Engineering cost estimate of water improvement must be listed as a separate line item from the total cost estimate. 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 permit plans must 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). 12. Prior to commencing site improvements, submittal of the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee",and who will provide the financial assurance for the public improvements. For example,specify if the entity is a corporation,limited partnership,LLC,etc.Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 13. Prior to commencing site improvements,the Applicant must 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 must be provided onsite. 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 must include the vehicles of all suppliers and employees associated with the project. 14. Prior to commencing site improvements,the Applicant must provide the Engineering Division a photometric analysis of street lighting within the public right of way for review and approval. Decorative LED street lights matching the lights used on River Terrace Blvd. in existing developments north of the school site are required on River Terrace Blvd.The Applicant must submit plans showing the location of streetlights to the Engineering Division for review and approval.Type and color of pole and light fixture must also be included on the plan for review and approval. 15. Prior to commencing site improvements, the Applicant must submit plans showing the following items to Engineering for review and approval: SW River Terrace Blvd must include and must be shown to have: 70-foot right of way dedication measured from the future centerline alignment 24-foot half street: o Two 12-foot travel lanes o Asphalt Pavement structural section meeting City of Tigard—Collector Street cross section same as River Terrace Blvd to the North. Curb and gutter or curb only median CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 4 OF 48 East side of the street: o 6-foot curb tight concrete sidewalk o 3 to 23-foot planter/swale o 12-foot meandering multi-use path o 3 to 23-foot planter Streetlights as recommended from the approved photometric analysis Curb radii meeting City of Tigard Standards Intersection ADA ramps meeting the requirements of PROWAG Storm drainage improvement meeting River Terrace Stormwater Management Standards,and CWS Design and Construction Standards Underground utilities Street signs,names and traffic control devices, striping meeting the MUTCD,and City of Tigard Standards Street profile and center line radius meeting City of Tigard Standards. A standard crown section that will allow for the crest to be located on the future centerline. This requirement will allow for future median design and construction while minimizing modification of the existing storm drain system. 16. Prior to commencing site improvements, submit a final storm drainage report and site plans as part of the PFI Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to Engineering Division for review and approval.Water quantity design and calculations must be prepared in accordance with TRUST hydraulic model. The storm drainage report must be prepared and include a maintenance plan in accordance with City of Tigard Standards and CWS Design and Construction Standards 17. Prior to commencing of site improvements,submit site plans as part of the PFI Permit showing the proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Plans must include the construction of a 12" diameter sewer line from the northwest corner of the site to the east side of the site in a manner that keeps the uphill terminus of the sewer at the lowest elevation possible to maximize the amount of development that can be served to the east of the site. 18. Prior to commencing site improvements,the Applicant must submit evidence from CWS indicating that there is sufficient pump station capacity and associated force main and gravity main capacity to serve the proposed development 19. Prior to commencing site improvements,the Applicant must demonstrate through calculations,plans, exhibits and any other necessary documents or agreements that sufficient water capacity is available to serve the site.Applicant must coordinate with the developer of South River Terrace for the provision of a larger 550-zone waterline to the school site if it is determined that an eight-inch diameter water line does not have adequate capacity. 20. Prior to commencing site improvements,the Applicant must submit site plans as part of the PFI Permit showing all proposed and/or extensions of public water lines,hydrants and water services to be designed in accordance with the City of Tigard Standards to Engineering for review and approval. Looped systems will be required where possible. Dead end mains must be approved by the City Engineer. Plans must include extension of the 550 zone public waterline,sized to match the 550 zone waterline serving the site,to the eastern limits of the project site. 21. Prior to commencing site improvements, submit plans as part of the PFI Permit showing the construction of an 18-inch diameter,410 zone waterline in River Terrace Blvd,along the entire project frontage. Coordinate CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 5 OF 48 the point of connection at the northwest corner of the site with the improvements being done as part of the South River Terrace development. 22. Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire and Rescue (TVF&R) for fire flow,hydrant placement,emergency vehicular access,turn around,and private drive widths with and without parking. 23. Prior to commencing site improvements,an erosion control plan must be provided as part of the PFI Permit drawings.The plan must conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition) and submitted to City of Tigard with the PFI plans. 24. Prior to commencing site improvements,the Applicant must obtain a 1200-C General Permit issued through CWS pursuant to ORS 468.740 and the Federal Clean Water Act. 25. Prior to commencing site improvements, the Applicant must obtain any applicable U.S.Army Corps of Engineers/Department of State Lands (DSL) permits and submit to the city the applicable DSL and U.S. Army Corps permits. 26. Prior to commencing site improvements,a final grading plan must be submitted showing the existing and proposed contours. The plan must detail the provisions for surface drainage of the site,and show that it will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division.The design engineer must indicate,on the grading plan,which portions of the site have natural slopes between 10 percent and 20 percent,as well as any areas that:have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the site is developed. 27. Prior to commencing site improvements,the Applicant must submit a comprehensive geotechnical report that evaluates existing conditions and provides recommendations for the proposed development to Engineering for review and approval. The recommendations in the report must be incorporated into the final grading plan. 28. Prior to commencing site improvements,the Applicant must submit site plans showing location of the street monuments to Engineering for review and approval. Monument boxes conforming to City standards will be required around all centerline intersection points,cul-de-sac center points,and points of curvature,with the tops of all monument boxes set to finished pavement grade. 29. Prior to issuance of any development permit the applicant must have recorded the partition plat, case number MLP2018-00004. 30. Prior to issuance of the PFI Permit, submit an Autocad file of the construction plan to the City for GIS purposes. 31. Prior to issuance of the PFI Permit,the applicant must pay the City a fee in lieu of providing community amenities as required by the Public Improvement Design Standards for River Terrace Stormwater Management, should the Applicant decide to not provide the amenities.The fee in lieu must be in an amount as determined by the City Engineer. 32. Prior to issuance of the PFI Permit,the Applicant must obtain a CWS Stormwater Connection Authorization. Plans must be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 33. Prior to issuance of the PFI Permit, the applicant must include improvement details for the River Terrace Community Trail along the entire River Terrace Blvd. right of way, and along the southern border of the school site and regional stormwater facility on the final plans. The trail outside of the right of way must CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 6 OF 48 include a 12 foot wide paved width within a 14 foot wide easement,and must be constructed to meet Trail ADA guidelines as defined by the United States Access Board. 34. Applicant must show proof of possession prior to issuance of the PFI Permit,the portion of right of way needed for the construction of River Terrace Blvd. that is on the property commonly known as Tax Lot 2S108CB00300 must be dedicated to the City. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO RELEASE OF THE PERFORMANCE BOND AND START OF THE MAINTENACE PERIOD: 35. All improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction must be completed.The Applicant must obtain conditional acceptance from the City,and provide a one-year maintenance assurance for said improvements. 36. All public utility facilities including,but not limited to storm drainage,water quality and quantity,sanitary sewer,water, street lighting,gas,electrical,communication,and wireless must be completed. Public storm water quality and quantity facilities must be provided with three years of maintenance. 37. Provide Autocad files of the as-built drawings to the City for GIS purposes. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 38. Prior to issuance of building permit the details of bicycle parking racks are to be submitted and approved by Planning. 39. Prior to issuance of building permits a service provider letter from Pride is required to meet the Franchise hauler requirements. 40. The Applicant's traffic engineer must submit an addendum to their traffic memo dated,April 11,2019. The addendum must determine the warrant threshold for the signal at SW Potomac (Perth) Rd. and Roy Rogers Rd.,provide a construction estimate,and recommend the Applicant's proportionate share cost for this project. 41. Submit a check to Washington County for approved proportionate share of signal construction. 42. The City must have issued a PFI Permit that will construct River Terrace Blvd. and SW Potomac (Perth) Rd., and the sanitary sewer and water services to serve the school site,all of which are associated with the Phase 2 South River Terrace development. 43. Have provided a source of water for fire suppression to the satisfaction of TVF&R. 44. Have provided 20-foot wide,all weather access road and turnaround to the Site to the satisfaction of TVF&R. 45. Have filed a final construction supervision report with the Engineering Department to the satisfaction of the City Engineer. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO ISSUANCE OF BUILDING OCCUPANCY: CUP2019-00001-Alt T RUTKIN ELEMENT\In SCI 1001 PAGE 7 OF 48 46. Prior to final occupancy the portion of River Terrace Blvd. that is on the property commonly known as Tax Lot 2S1O8CB0030O must be dedicated to the City. 47. Prior to a final occupancy the applicant must call for a final planning inspection to ensure the project was completed according to the approved plan. 48. Prior to final occupancy,the project arborist must perform a final site inspection to 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.The report will be used to mark the beginning of the tree establishment bond period. 49. The Applicant must substantially complete all work included in the PFI for the project as determined by the City Engineer. 50. Construction of road improvements from the Site to either Roy Rogers Blvd. or Bull Mountain Rd. to include roundabout,approved and permitted structures, curb and gutter, sidewalk,street lighting,and a minimum of one lift of pavement must be substantially complete as determined by the City Engineer. This condition may be satisfied by a third party. 51. Construction of the water line and sanitary sewer line from the Site to their respective points of connection must be substantially complete as determined by the City Engineer. This condition may be satisfied by a third party. 52. Dedication of public right of way from the Site to either Roy Rogers Blvd. or Bull Mountain Rd. This condition may be satisfied by a third party. 53. Completion of street intersection improvements at the intersection of Perth Rd and Roy Rogers Rd. to the satisfaction of Washington County,if Roy Rogers is going to be the access point for the school. This condition may be satisfied by a third party. 54. The Applicant must submit to the Engineering Division the Final Intersection Sight Distance Certifications for all the intersections and driveways internal to and adjacent to the development for review and approval. 55. Public right of way for River Terrace Blvd. (70 foot wide) must be dedicated to the city. 56. Utility easements for all public storm drain, sanitary sewer,and water that are not in the public right of way must be dedicated to the city to the satisfaction of the City Engineer. 57. A storm drain and surface water drainage easement over the regional stormwater facility must be dedicated to the city to the satisfaction of the City Engineer.This includes an easement over the maintenance access road and turnaround if required. 58. A 12-foot-wide pedestrian and bicycle access easement over the portion of the community trail that is not within the River Terrace Blvd. right of way must be dedicated to the city. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 8 OF 48 IN ADDITION,THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;THIS IS NOT AN EXCLUSIVE LIST: 18.830.070 Bond: The Applicant must file an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated;or 3. Cash. The Applicant must furnish to the City Engineer an itemized improvement estimate,certified by a registered civil engineer,to assist the City Engineer in calculating the amount of the performance assurance. The Applicant must not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.910.120 Utilities All utility lines including,but not limited to those required for electric,communication,lighting and cable television services and related facilities must be placed underground,except for surface-mounted transformers,surface- mounted connection boxes,and meter cabinets which may be placed above ground,temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above. 18.910.130 Cash or Bond Required All improvements installed by the Applicant mustl be guaranteed as to workmanship and material for a period of one year following acceptance by the city council. Such guarantee must be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond must comply with the terms and conditions of Section 18.830.070. 18.910.150 Installation Prerequisite No land division improvements,including sanitary sewers,storm sewers,streets,sidewalks,curbs,lighting or other requirements must be undertaken except after the plans therefore have been approved by the City,permit fee paid and permit issued. 18.910.180 Notice to City Required Work must not begin until the City has been notified in advance. If work is discontinued for any reason,it must not be resumed until the City is notified. 18.910.200 Engineer's Written Certification Required The developer's engineer must provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices,and are of high grade,prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS CONDITIONAL USE PERMIT APPROVAL MUST BE VALID FOR THREE 3)YEARS FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site History and Vicinity Information: The subject site consists of Tax Lot 2S108CC00100.The property is located east of SW Roy Rogers Road and 2,600 feet south of SW Bull Mountain Road. The site is zoned R-7 with a Comprehensive Plan Designation of Public Institution within the River Terrace Plan District. The school is sited on approximately 10.5 acres,Parcel 1 of Minor Land Partition (M..P2018-00004).The Partition was approved by the City of Tigard's Hearings Officer on August 19.2019. The Partition has since been appealed to CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 9 OF 48 the Land Use Board of Appeals (LUBA).As a condition of the CUP the Partition is required to be plated prior to construction. The site is comprised primarily of grassy meadow and shrubs;there is no existing development on the site. The northern edge of the site contains a stand of large mature trees.There is significant elevation gain approximately 80 feet) from the south property line to the north property line. The site abuts rural agricultural land to the north and east within the River Terrace Plan District,and unincorporated Washington County rural agriculture land to the west and south that is not within the Urban Growth Boundary (UGB). Because the applicant's Minor Land Partition approval for the project site is currendy tied up in litigation at LUBA, the site is technically the full 10.5 acres on a single property. The applicant has submitted site plans and site improvements based on their being two separate lots. This Staff Report is treating the proposal as if it were proposed for two lots and is conditioning the decision based on that premise. Because of this,any approval of the proposal must be conditioned so that prior to any development activity commencing on the property the applicant's partition will have to be recorded and finalized with the County. Proposal Description: The Tigard-Tualatin School District (applicant) is planning to build a new elementary school in the River Terrace community,located on a site north of Beef Bend Road and east of Roy Rogers Road.The project will ultimately front onto SW River Terrace Boulevard. The school will have a footprint of approximately 51,300 square feet and will be built on two stories. The program for the school includes: 26 regular classrooms and several specialized classrooms Flexible gathering spaces for smaller group learning Large,centralized common spaces for lunch and community gathering Administrative office spaces and workrooms Media and music rooms with a performance stage A large gymnasium Several outdoor recreation areas including covered play,a separate kinder and pre-k playground,large outdoor courtyard,community garden area,playground and sports field The main entrance to the school will have a large open plaza space An approximately 200 SF pedestrian plaza at the southernmost pedestrian connection from River Terrace Boulevard. The school will have two motor vehicle access points to River Terrace Boulevard (which will be extended south to serve the school as part of this project).The north driveway will serve as the bus drop-off access,with a bus loop around an internal parking area.The south driveway will serve staff and visitor parking as well as parent drop-off access. The application includes Conditional Use Permit for the school,a Sensitive Lands Review for the proposed vegetated corridor impacts on the southern portion of the site,and two Adjustments for location and a reduction in bicycle parking. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The applicant held a formal neighborhood meeting on March 7,2019 with five people in attendance. Neighbor concern focused on timing,potential uses of eastern parcel, fencing,access,and the multi-modal path. On November 18,2019 the city sent a notice of a hearing to neighboring property owners within 500 feet of the subject site boundaries. The City did not receive any written comments by the publish date of this staff report. SECTION V. SUMMARY OF APPLICABLE CRITERIA The following summarizes the criteria applicable to this decision in the order in which they are addressed: 18.740 Conditional Uses 18.110 Residential zoning districts 18.640 River Terrace Plan District 18.410 Off-street Parking and Loading Requirements 18.420 Landscaping and Screening CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 10 OF 48 18.510 Sensitive Lands 18.710 Land Use Review Procedures 18.715 Adjustments 18.910 Street and Utility Improvement Standards 18.920 Access,Egress,and Circulation 18.930 Vision Clearance Areas SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.740 CONDITIONAL USES 18.740.050 Approval Criteria The approval authority will approve or approve with conditions a conditional use application when all of the following criteria are met: A. The characteristics of the site are suitable for the proposed use considering size, shape,location, topography, and natural features; The school site is 10.5 acres and is generally square in shape. The site slopes downward north to south. There is a large stand of mature trees at the north end of the site;the rest of the site is primarily grass and shrubs. There is an area of vegetated corridor and a small wetland at the south end of the site.As shown on the site plans,the site is large enough to accommodate the school building and associated improvements such as parking areas,drive aisles and outdoor play areas.The project has been designed to preserve the large stand of mature trees at the north end of the site. There is also adequate space on the site for the stormwater facility and regional trail extension located at the south end of the site,which is at the lowest elevation. The vegetated corridor and small wetland in the south part of the site will be impacted by the storm facility and trail corridor;however,those impacts will be minimized and mitigated as required by Clean Water Services and any other applicable jurisdictional requirements.The site is located in an urbanizing area of the city;lands to the north and east of the site are recently developed or planned for development. The site has been planned for a new school since concept planning for the River Terrace community began. This criterion is met. B. The operating and physical characteristics of the proposed use are reasonably compatible with surrounding properties,public facilities, or sensitive lands; Properties to the north and east of the school site are zoned for residential uses and are within the City of Tigard. The school use is compatible with the nearby residential uses. There is one existing single-family home directly north of the school site.The large stand of trees at the north end of the site will be preserved and will serve as a buffer between the two uses.The width of the buffer at the north property line is approximately 60 feet at the narrowest point (northeast corner) and approximately 135 feet at the widest point(northwest corner). It is densely vegetated with large trees and understory. In addition,due to site slopes,the school building and other improvements will be at a lower elevation than the property to the north. This difference in elevation will also help to buffer the school. The property directly east of the school site is currently undeveloped and no plans to develop that property are in place. Development of the school will not impede or restrict future development on the eastern property. Properties to the south and west of the site are outside the UGB and zoned for rural farm uses. Development of a school on the site will not impact the ability of those property owners to use their land for farm uses,nor will it increase the cost of their farming operations in any way. The stormwater facility and trail corridor along the southern portion of the school site will serve as a buffer between the school and properties to the south. As noted previously in this narrative,public facilities to serve the school site will be provided as part of this project, including roads,water, sewer and storm facilities.This site has been planned for development as part of the River Terrace concept planning process;infrastructure master plans for this area include capacity to serve a school on this site. There is a relatively small wetland and area of vegetated corridor associated with an off-site wetland south of the site. There will be impacts to those sensitive areas due to the storm facility and trail corridor;however, those impacts will be minimized and mitigated as required by CWS. This criterion is met. C. Any impacts from the proposed use are mitigated to the extent practicable; CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 11 OF 48 Impacts from the proposed school are anticipated to be minimal and can be mitigated as follows: Traffic. According to the traffic study provided in Exhibit B, the school use is anticipated to generate approximately 1,228 vehicle trips a day. These trips are not expected to result in significant impacts to the surrounding street network.According to the traffic study,"all of the study intersections are forecast to operate acceptably during the weekday AM and PM peak hours" for the forecast year of 2021. In addition,the traffic study includes the following statement about local street impacts: As previously identified, all school-related trips will utilize the future extension ofSW River Terrace Boulevard to access the school. However, ... it is reasonable to assume that some school-related trips would utilize existing local streets to access SW River Terrace Boulevard. Local neighborhood streets that are expected to accommodate these trips include SW Dekalb Street and portions of SW 164th Avenue, SW Kessler Lane, and SW 161st Avenue. Depending upon hard to predictfactors such as specific route choice,percentage of kids riding the bus, and non-motorized mode splits, it is estimated that SW Dekalb Street could experience a weekday AM peak hour increase of up to 120 vehicle trips while SW 164th Avenue/SW 161st Avenue/SW Kessler Lane could see between 30-60 additional weekday AM peak hour trips.As trip generation rates during the weekday school PM peak are typically lower, it is estimated that the volume increase would be proportionally 50 percent less compared to the AM time period. While not insignificant, this volume increase will mostly be limited to a relatively short time period and is still within the range of volumes that can typically be accommodated by local streets. The traffic study recommends mitigation measures to include extension of River Terrace Boulevard to serve the school site, construction of the multi-modal path along the west and south property lines,and maintenance of future landscaping to ensure adequate sight distance at driveways. Wetlands. The identified wetland (0.01 acres) and area of vegetated corridor at the south edge of the school site will be impacted by construction of the storm facilities and path corridor in that location. Those impacts will be mitigated as required by CWS and any other applicable jurisdictional requirements. Noise and lighting. Lighting from the school site will be mitigated through the use of lighting cutoff shields that will direct lighting away from the edges of the school site. As shown on the Photometric Site Plan Sheet EL701,light levels at the school property lines will not exceed 0.5 footcandles, consistent with city standards. The school fields will not be lit at night. Noise generated from activity at the school site will be mitigated by the generous amount of buffering described previously (particularly at the north and south property lines). Generally, outdoor activities on the site will be related to use of the sports field, playground and community garden. This criterion is met. D. The proposed use is located and designed to support pedestrian access, safety, and comfort on and adjacent to the site where practicable; Pedestrian access, safety and comfort were key considerations during design of the school site and include the following features: The River Terrace multi-modal path corridor will be extended south and east as part of the school project to enhance the regional system for bike and pedestrian circulation and provide safe bike and pedestrian access to the school site. The path corridor has been designed consistent with the River Terrace Boulevard Landscape Design Standards and includes a 12-foot meandering, paved path with landscaping on both sides where feasible. The path will be stubbed at the southeast corner of the site for future extension as properties to the east develop. Where the path crosses the site driveways, the crossings will be at-grade and markedwith contrasting paving materials and striping to ensure visibility. Signage will also be used to alert users to the presence of the path crossing. There are three pedestrian connections from the River Terrace path into the school site as follows: CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 12 OF 48 o A north pedestrian connection will be provided that travels north of the bus loop,crosses the fire lane, and connects south to the main entry plaza and bicycle parking area. Where the pathway crosses the fire lane,there will be contrasting pavement and striping to ensure visibility.It is anticipated that people biking and walking to the school from the north will primarily use this pedestrian connection to enter the school site. o A middle pedestrian connection that travels north of the parent drop-off and connects directly with the main entry plaza and bike parking area. This path does not cross any internal drive aisles. Signage will be placed where the pathways meet the River Terrace path to direct users into the site. o A south pedestrian connection that travels south of the south parking area and connects to the main entry plaza and bike parking areas. It is anticipated that this connection will be used by people traveling north along the regional trail. This connection will be 10 feet wide and does not cross any driveways. An approximately 200 SF pedestrian plaza with benches and landscaping will be included at the south pedestrian accessway connection with the River Terrace trail to offer a place for students and pedestrians to rest and enjoy views of the Tualatin Valley to the south. This plaza also provides monumentation that enhances the physical connection between the school and River Terrace Boulevard. The school site was designed to have separate bus and parent loops to minimize conflicts during drop-off and pick-up times. Students will not have to cross drive aisles to access buses or parents in either loop. In addition, the site was designed so that parking and drive aisles are not located between the school building and the play fields to further maximize pedestrian safety at the school. The school site will have an internal pathway system that surrounds the bus drop-off loop and connects primary building entrances,parking areas and outdoor play areas.Pathways range from six feet wide to 10 feet wide and will be paved and wheelchair accessible (with one exception—the southernmost connection from the regional trail into the site will have steeper grades and will not be wheelchair accessible). The school site has been designed to be open and provide high visibility between the front of the school, the path corridor and street, and the parking and drop-off areas. Pedestrians entering the site will be able to see their destination and the route to get there. Abundant landscaping will be provided along the path corridor and on the school site; landscaping has been designed to emphasize the pathways and soften the impact of the drive aisles and parking areas to provide a comfortable pedestrian experience. Staff worked with the School District to ensure that the location and design of the site and buildings supported pedestrian access, safety,and comfort on and adjacent to the site to the greatest extent practicable. Staff suggested an alternative design with the school building fronting directly onto River Terrace Boulevard to provide the best pedestrian access, safety, and comfort as well as to be consistent with other development being built or planned along the length of River Terrace Boulevard.The District indicated that that design would not work for them because of issues of child safety and security and control of access to the school grounds. Planning Staff then worked with the District to improve the original site layout to improve pedestrian access, safety, and comfort by suggesting design improvements to the layout of the parking areas, driveways, pedestrian pathways, and entrances. Many of the suggested changes were incorporated into the final design. Staff suggested that the pedestrian plaza on the River Terrace trail be located more centrally and closer to the schoolentrance at the location where the school's middle pedestrian access intersects the River Terrace trail and if that was not acceptable, at least consider creation of a second pedestrian plaza where the north pedestrian access pathway intersects the River Terrace trail. This was also rejected on the basis of child safety and security on the school grounds. Staff has concluded that the proposed pedestrian facilities and access design is best that can be expected to support pedestrian access, safety, and comfort given the inherent conflict with the District's preferred methods for providing safety and security for the site. CUP2019-00001-ART RUTKJN ELEMENTARY SCHOOL PAGE 13 OF 48 As shown this criterion is met. E. The proposed use complies with all applicable development standards and requirements of this title, except where an adjustment has been approved; and As demonstrated in this narrative and supporting documentation, the proposed school use will comply with all applicable development standards and requirements of this title, except where an adjustment for bicycle parking has been requested. This criterion is met. F. Adequate public facilities are available to serve the proposed use at the time of occupancy. As demonstrated in findings and proposed conditions of approval discussed in following sections of this report, adequate public facilities will be available to serve the school site at the time of occupancy, as follows: Roads. River Terrace Boulevard will be extended south to serve the school site. The school project will build more than half-street improvements that will provide an interim, two-lane road until the full cross section is implemented by future development to the west of the site. Water. The site will be served by an extension of the public water main in River Terrace Boulevard. Sewer. The site will be served by an extension of the sanitary sewer line in River Terrace Boulevard right-of- way. Stormwater. Stormwater will be detained and treated on the school site on proposed Lot 2 (regional facility) and then released to the Tualatin River via a drainage easement. This criterion is conditionally met. FINDING: Based on the analysis above, the conditional use approval criteria have been met or conditionally met. 18.110 RESIDENTIAL ZONING DISTRICTS 18.110.030 Uses B. Use table.A list of permitted, restricted, conditional and prohibited uses in residential zones is presented in Table 18.110.1. The site is zoned R-7,medium density residential zoning district. Schools are conditionally permitted uses in these zones. This requirement is met. 18.200 RESIDENTIAL DEVELOPMENT STANDARDS 18.210.030 Exceptions to Setback and Height Standards A.Additional setbacks. Increased or different setbacks apply in the following situations: 1. Where the ultimate right-of-way width, as shown in the Transportation System Plan, is wider than the current right-of-way width, required setbacks are measured from the ultimate right-of-way width. There are no applicable front setback requirements for a school use in the River Terrace Plan District; setbacks are proposed and reviewed through the Conditional Use process. As shown on the Site Plan Sheet A051,the proposed school building will be setback from the River Terrace Boulevard right-of-way by approximately 216 feet and from the rear (east) property line approximately 25 feet. The side setbacks are approximately 170 feet (i:o the north property line) and 244 feet (to the south property line). The exceptions to minimum setbacks listed above are not applicable. FINDING: Based on the analysis above,base zone development standards in the R-7 residential zones have been met. Development standards will be verified at the time of building permit iss uance. 18.410 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.410.030 General Provisions CUP2019-00001-ART RUfKIN ELEMENTARY SCHOOL PAGE 14 OF 48 A. Location. Required off-street parking must be located on the same lot as the use it serves, except where an on-street credit has been granted through the provisions of Section 18.410.090. B. Maintenance.All parking areas must be kept clean and in good repair at all times. C. Exclusive use. Except for shared parking agreements approved through a land use application, required off-street parking must not be rented, leased, or assigned to any other person or organization. All required off-street parking will be located on the same lot as the school. See the Site Plan Sheet C300 for details. Parking areas will be kept clean and in good repair at all times. There are no shared parking agreements for the proposed school; off-street parking on the school site will not be rented,leased or assigned to any other person or organization. These criterion are met. F. Accessible parking. All parking areas must include the required number of accessible parking spaces as specified by the state building code and federal standards. Such parking spaces must be sized, signed, and marked as required by these regulations and in compliance with ORS 447. Accessible parking spaces will be provided in the south parking area (four spaces) and north parking area (two spaces). The accessible parking spaces will be sized, signed and marked in accordance with applicable regulations and ORS 447. This criterion is met. 18.410.040 General Design Standards A. Vehicular access. Vehicular access to off-street parking or loading areas must meet the requirements of Chapter 18.920,Access, Egress, and Circulation and Chapter 18.930,Vision Clearance Areas. Vehicular access to off-street parking and loading areas has been designed in conformance with Chapters 18.920 and 18.930. Requirements and standards from those chapters are addressed in subsequent sections of this narrative. B. Pedestrian access. Paths that cross access driveways or parking areas are subject to the following: 1. Paths must be physically separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation(curbed)or a minimum 3-foot horizontal separation,except that pedestrian crossings of traffic aisles are allowed for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used; 2. Paths must be a minimum of 4 feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes,benches, bicycle racks, and sign posts; and 3. Paths must be in compliance with applicable federal and state accessibility standards The school site has been designed to minimize pedestrian crossings over access driveways and parking areas. There are several areas on the site where a pedestrian path crosses a drive aisle; they are: At the northern end of the site where the on-site path from River Terrace Boulevard crosses the fire lane to the east of the bus drop-off loop. This crossing will be concrete (which will contrast with the asphalt fire lane) and striped;the crossing will be approximately 10 feet wide. At the northern end of the site where the River Terrace Boulevard multi-modal path crosses the north driveway. This crossing will be concrete (which will contrast with the asphalt fire lane) and striped; the crossing will be 12 feet wide. Near the middle of the site where the River Terrace Boulevard multi-modal path crosses the south driveway to the parent drop-off and parking area). This crossing will be concrete (which will contrast with the asphalt fire lane) and striped; the crossing will be 12 feet wide. There are also two dedicated crossings from the ADA stalls in the northern and southern parking lots to the school front-entry plaza. These crossings are made of concrete to contrast with the asphalt drive aisles and are also raised table tops, so the pedestrian crossings are approximately six inches above the drive aisle. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 15 OF 48 Paths along the designated ADA route will comply with applicable federal and state accessibility standards. These standards are met. C. Loading and unloading driveways. Passenger loading and unloading areas must be designed such that vehicle stacking does not impact any public right-of-way. The bus and parent drop-off areas on the school site have been designed so that vehicle stacking can be accommodated on the site; no vehicle stacking will occur within, or impact,River Terrace Boulevard. See the traffic study in Exhibit B for a more detailed discussion of vehicle stacking on the site. This standard is met. G. Wheel stops. Parking bumpers or wheel stops a minimum of 4 inches in height must be provided a minimum of 3 feet from the front of parking spaces wherever vehicles can encroach on a right-of-way or pedestrian path. Curbing may substitute for wheel stops if vehicles will not encroach into the minimum required width for landscape or pedestrian paths. There are no parking spaces where vehicles can encroach on a right-of-way or pedestrian path. Therefore,wheel stops are not required. Curbs will be installed as needed to ensure vehicles do not encroach into landscape areas. This will be ensured during building permit. This standard is met. H. Lighting. Lighting in parking areas must meet the following standards: 1. Parking areas must include lighting sufficient to illuminate all pedestrian paths and bicycle parking areas to a minimum level of 0.5 footcandles at all points, measured horizontally at the ground level. 2. Lighting luminaires must have a cutoff angle of 90 degrees or greater to ensure that lighting is directed toward the parking surface. 3. Parking area lighting may not cause a light trespass of more than 0.5 footcandles measured vertically at the boundaries of the site. As shown on the Photometric Site Plan Sheet EL701,parking areas on the school site will include lighting sufficient to illuminate all pedestrian paths and bicycle parking to a minimum level of 0.5 footcandles at all points. As shown on the Photometric Site Plan Sheet EL701,lighting fixtures for the parking areas (called SA1 and SA2 on the plan sheet)will have cutoff angles of at least 90 degrees to ensure that lighting is directed downward toward the parking surface. As shown on the Photometric Site Plan Sheet EL701, no outdoor lighting on the site,including parking area lighting, will cause a light trespass of more than 0.5 footcandles,measured vertically at the boundaries of the site. In several locations at the west property line abutting the River Terrace Boulevard right-of-way,light levels will exceed 0.5 footcandles because light poles will be installed to adequately light the school driveways. However,light levels will not exceed 0.5 footcandles west of the right-of-way boundary. These standards are met. I. Space and aisle dimensions. The minimum dimensional standards for surface parking spaces and drive aisles are provided in Figure 18.410.1 and Table 18.410.2. All parking spaces on the school site will be 90-degree spaces with dimensions of nine feet wide by 18 feet deep,which exceed the minimums required according to the table above. One-way drive aisles will be 20 feet wide and two-way drive aisles will be 24 feet wide. See Sheet C300 for details. This standard is met. 18.410.050 Bicycle Parking Design Standards A. Location. 1. Required bicycle parking must be located within 50 feet of a required or main entrance of a primary building; and CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 16 ON 48 Bicycle parking will be provided in three locations on the site,as shown on Sheets A051 and L100. Bike racks with 28 bike parking spaces will be provided at the south end of the gymnasium, just east of the covered play area. Those bike parking spaces will be covered and will be within 50 feet of a primary building entrance. The primary entrance is to the gymnasium,which is a common gathering area for students in the morning before the first bell rings. Bike racks with 24 bike parking spaces will also be located near the northwest corner of the school building, east of the bus drop-off loop. Those spaces will be partially covered (12 covered, 12 uncovered) and are located more than 50 feet from the front building entrance.An adjustment to the 50-foot standard is requested for those bike parking spaces. The adjustment standards and criteria are addressed in Section 18.715. The site plan also indicates an area for 14 future bike parking spaces located between the bus drop-off loop and the main entry plaza. That bike parking will be installed as needed when future demand for bike parking increases beyond the 52 proposed spaces.As adjusted this standard is met. 2. Required bicycle parking for nonresidential development must be covered and located within 100 feet of a required or main entrance of a primary building on the site if any requiredvehicle parking spaces are provided in a structure. No vehicle parking spaces on the school site are provided in a structure. Therefore, this standard is not applicable. B. Design. 1. Bicycle racks must be designed to allow a bicycle frame to lock to it at 2 points of contact, except that spiral racks and wave racks with more than one loop are prohibited; 2. Bicycle racks must be securely anchored to the ground,wall, or other structure; 3. Bicycle parking spaces must be at least 2.5 feet in width and 6 feet in length and have an access aisle between each row of spaces that is at least 5 feet in width. Covered bicycle parking must provide a vertical clearance of 7 feet; and 4. Bicycle parking spaces must be paved with a dust-free hard surface material. The applicant has stated all bicycle parking will be designed in accordance with the above standards. Design specifications have not been provided therefore as conditioned prior to issuance of building permit bike rack design details are required. As conditioned this standard is met. C. Quantity. The total number of required bicycle parking spaces for each use is provided in Table 18.410.3. If the minimum bicycle parking spaces as calculated in Table 18.410.3 is less than two, then the minimum number of spaces is two. Single detached houses, accessory dwelling units, cottage clusters, courtyard units, quads, and rowhouses are exempt from this standard. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22§2) The required number of bicycle parking spaces for an elementary school, according to Table 18.410.3,is six spaces per classroom. The school will have 26 classrooms,which means that 156 bicycle parking spaces are required. As shown on the Sheet L100, 52 bicycle parking spaces are proposed,which is below the minimum amount required. Therefore, the applicant is requesting an adjustment to reduce the bicycle parking requirement. The adjustment standards and criteria are addressed later in this narrative Section 18.715.As adjusted this standard is met. 18.410.070 Minimum and Maximum Off-Street Parking Requirements A. Off-street parking requirements.The ratios for providing minimum and maximum vehicle parking spaces are provided in Table 18.410.3 As shown in Table 18.410.3 above, the minimum required number of off-street parking spaces for the proposed school is 2.0 spaces per classroom. The proposed school will have 26 classrooms,which requires a minimum of 52 spaces and a maximum of 91 spaces (using the Zone B maximum ratio of 3.5 per classroom). As shown on the Site Plan Sheet C300, the school site will have 81 vehicle parking spaces,which is within the required range. Parking will be located in CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 17 OF 48 two parking areas on the site; 24 spaces will be located in the north parking area and 57 spaces will be located in the south parking area. This standard is met. FINDING:As shown in the analysis above, the applicable off street parking requirements are met. 18.420 LANDSCAPING AND SCREENING 18.420.030 General Provisions A. All required trees must meet the city's Urban Forestry Manual (UFM) standards as follows: 1. Street trees must meet the street tree planting and maintenance standards in UFM Section 2 and street tree soil volume standards in UFM Section 12; 2. Parking lot trees must meet the parking lot tree canopy standards in UFM Section 13; and 3. All other trees must meet the tree canopy site plan requirements in UFM Section 10, Part 2. The urban forestry plan prepared for this land use application was coordinated and approved by a landscape architect Lango Hansen) and certified arborist (Teragan&Associates, Inc.). The arborist's report is provided in Exhibit F. As conditioned the project Arborist is required to ensure all required trees will meet the planting standards and soil volume standards at time of installation. As conditioned this standard is met. 18.420.040 Landscaping Standards A. Landscaping standards are provided in Table 18.420.1. Landscaping standards must be met as required by the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards. B. Landscaping or other areas used to meet the minimum landscape area standard must be provided on site and may be met by any combination of the following: 1. Landscaping, including parking lot landscaping, that meets the L-1 or L-2 landscaping standard; 2. Landscaping that meets the S-2, S-3, or S-4 screening standard as provided in Table 18.420.2 where required by the applicable development standards chapter; or 3. Other areas as specified by the applicable development standards chapter. There is no minimum landscape area standard for a school use in chapters 18.200 and 18.300; site landscaping is proposed and reviewed through the Conditional Use process. As required in UFM Section 10,Part 3,the required tree canopy coverage for the school site is 25 percent. As shown on Sheet L006, the school site is 406,215 square feet and the total qualifying mature tree canopy area is 116,642 square feet. Therefore,28percent of the site will have tree canopy coverage,which exceeds the minimum required. As demonstrated on the landscape and planting plans (Sheets L100—L201) all areas of the school site not occupied by buildings,parking lots and drive aisles will be landscaped with a combination of hardscape plazas,landscape areas, existing vegetation (at the north end of the site) and vegetated stormwater facilities (at the south end of the site). The two parking areas will have landscape strips and islands that will be planted with a combination of trees, shrubs and groundcover. As noted, the tree canopy requirement for the parking areas will be met. Landscape areas on the site will include passive areas (ornamental planting beds) and active areas (outdoor play areas,plazas and a garden). The northern portion of the site will be landscaped with existing vegetation (large mature trees and understory) and native hillside plantings. The southern portion of the site will be landscaped with stormwater plantings.Approximately 52 percent of the site will be landscaped (including existing vegetation that will be preserved). This standard is met. 18.420.050 Screening Standards A. Screening standards are provided in Table 18.420.2 and illustrated in Figures 18.420.1 and 2. These standards must be met as required by the applicable development standards chapter in 18.200 Residential CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 18 OF 48 Development Standards or 18.300 Nonresidential Development Standards. C. The following additional requirements apply to the S-1 screening standard: 1. Screening is required on all sides, except where access is taken. If access is provided by an opening without a gate or door, the opening must be oriented so that it is not visible from a public sidewalk; 2. Screening must be of an appropriate height and width so that the item to be screened is not visible from a public sidewalk. 3. Chain link fencing with slats and unfinished concrete blocks are prohibited where visible from a public sidewalk. There are no specific screening standards for a school use according to chapters 18.200 and 18.300; site screening is reviewed through the Conditional Use process. Generally, the elements that require screening for other uses in other zones include service areas,roof-top equipment, parking/loading areas that are within 20 feet of a street property line, and property lines that abut residential zones. For the proposed school site, the following screening elements will be incorporated: Parking areas for the school are more than 20 feet from the street property line. The area between the parking lots and River Terrace Boulevard will be landscaped (except where driveways enter the site) with lawn, shrubs and trees. The service area for the site will be located near the northeast corner of the building.That area will not be visible from the street or from the residential property to the north. The proposed trash compactor and utility area will be screened by an eight-foot-high concrete masonry wall, as shown on Sheet A.051. The school site will be screened and buffered from the residential property to the north by preservation of the large stand of mature trees located in the northern portion of the property.A six-foot tall vinyl-coated chain link fence will also be placed at the north property line. At the eastern boundary of the school site, screening will be provided by a six-foot tall,vinyl-coated chain link fence. The southern boundary of the site will be buffered and screened by the large vegetated stormwater facility and the multi-modal path proposed in that location. 18.420.060 Tree Canopy Standards A. Site tree canopy standards,which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10, Part 3, Subparts N and 0. Parking lot tree canopy standards are provided below. The required tree canopy coverage for the school site is 25 percent.As shown on Sheet L006,the school site is 406,215 square feet and the total qualifying mature tree canopy area is 116,642 square feet. Therefore, 28 percent of the site will have tree canopy coverage,which exceeds the minimum required. This standard is met. B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13. An urban forestry plan must: 1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor, except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; The urban forestry plan prepared for this land use application was coordinated and approved by a landscape architect Lango Hansen) and certified arborist (Teragan&Associates, Inc.). The arborist's report is provided in Exhibit F. This standard is met. 2. Demonstrate compliance with UFM tree preservation and removal site plan standards; 3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover; CUP2019-00001-ART RULKIN ELEMENTARY SCHOOL PAGE 19 OF 48 4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing the minimum effective tree canopy cover of 30 percent for all parking areas, including parking spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count toward meeting this standard; and The proposed tree preservation and removal on the school site will be done in accordance with the UFM. The minimum effective tree canopy cover will be exceeded for both the parking areas and the entire site. The parking area on the site will have 74 percent tree canopy cover,which exceeds the required 30 percent minimum. These standards are met. 5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards. a. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet. When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. b. Street trees must be planted within the right-of-way wherever practicable. Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. c. An existing tree may be used to meet the street tree standards provided that: i. 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; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. The proposed frontage on River Terrace Boulevard is 658 feet therefore a minimum of 16 trees would be required. The plan currently does not include enough trees to meet the standard. Therefore,the project is conditioned to submit a revised landscape plan including a minimum of 16 street trees or pay fee in lieu. As conditioned this standard is met. 18.510 SENSITIVE LANDS D. Jurisdictional wetlands. Landform alterations or developments that are only within wetland areas that meet the jurisdictional requirements and permit criteria of the U.S.Army Corps of Engineers, Department of State Lands, CWS, or other federal, state, or regional agencies, and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map," do not require a sensitive lands review. The city will require that all necessary approvals from other agencies are obtained.All other applicable city requirements must be met, including sensitive land reviews for areas within the special flood hazard area, slopes of 25 percent or greater or unstable ground, drainageways, and wetlands that are not under state or federal jurisdiction. The proposed development site is not within the 100-year floodplain or 1996 flood inundation line. The site contains three wetlands and the vegetated corridor/ buffer of an offsite wetland along the southern property boundary. The small wetland (Wetland C,0.01 acres) and vegetated corridor located on the school site will be impacted by the proposed project.A Service Provider Letter has been issued for the site by CWS and a copy is included as CWS File number 19-001694. The two wetlands on site, (A and B) are proposed to be retained within an open space tract. These areas meet the jurisdictional requirements of the U.S. Army Corps of Engineers, DSL, CWS, and/or other federal, state, or regional agencies,and are not designated as significant wetlands on the City of Tigard "Wetland and Streams Corridors Map". All necessary approvals from other agencies will be obtained. As conditioned this standard is met. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 20 OF 48 18.640 RIVER TERRACE PLAN DISTRICT 18.640.020 Applicability This chapter applies to all property that is located in the River Terrace Plan District. The boundaries of the plan district are shown on Map 18.660.A,which is located at the end of this chapter. The standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of the Tigard Community Development Code (TCDC). Compliance with all applicable standards and requirements must be demonstrated in order to obtain development approval. The standards and requirements in this chapter must govern in the event of a conflict. The subject development site is located in the River Terrace Plan District, therefore, this chapter applies.The standards and requirements in this chapter apply in addition to, and not in lieu of, all other applicable provisions of the Tigard Community Development Code (TCDC). Compliance with all applicable standards and requirements must be demonstrated in order to obtain development approval. The standards and requirements in this chapter must govern in the event of a conflict. 18.640.030 Provision of Adequate Public Facilities A. Intent.The intent of this section is to address the provision of the infrastructure systems necessary to benefit and serve all property in River Terrace as provided for in the River Terrace Community Plan, River Terrace Funding Strategy, and related infrastructure master plans, in light of the desire of property owners to commence preliminary development prior to full implementation of these plans and with the understanding that no development rights vest and no development approvals can be granted until the infrastructure systems are in place or assured. B. Approval Standard. Land use applications for subdivisions, partitions, planned developments, site development reviews, and conditional uses may be approved when the applicable standards in subsection E of this section are met by the applicant and when all of the following funding components of the River Terrace Funding Strategy have been adopted by the city and are in effect: 1. Transportation.A citywide transportation system development charge (SDC), a River Terrace transportation SDC, and a River Terrace transportation utility fee surcharge. 2. Sewer.A citywide utility fee surcharge. 3. Stormwater.A River Terrace stormwater utility fee surcharge. The City adopted the SDC funding components listed above on April 2015 but has yet to adopt the utility fees for transportation, sewer, and stormwater. As a result, the applicant is required to submit an Adequate Public Facilities Exception application. Additionally, subsection 18.660.030.E.5 allows alternative stormwater management systems and facilities as described in the River Terrace Stormwater Master Plan,if compliance with stormwater management standards is dependent upon an off-site conveyance system or an on-or off-site regional facility that has not yet been provided. The applicant's Adequate Public Facilities Exception request will be required to include the proposed and constructed alternate stormwater facility in Strategy Area C. The city's approval of this application effectively exempts the applicant from having to wait for the city to adopt all of the funding components listed above prior to obtaining final occupancy from the city,and accepts this alternate stormwater facility as the applicant's proportionate share of funding for the regional stormwater facility described in the River Terrace Stormwater Master Plan. As conditioned this standard is met. C. Deferral of Compliance. 1. The applicant may request to defer demonstrating compliance with one or more of the standards in subsections B and E of this section as provided for below: a. Preliminary Plat. Deferral of compliance to final plat approval. b. Planned Development Concept Plan (Without a Land Division Proposal). Deferral of compliance to detailed development plan approval. c. All Other Development Applications.A condition of development approval requiring demonstration of compliance no later than 180 days after approval or prior to submission of applications for building or public facility improvement permits,whichever occurs first. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 21 OF 48 2. Deferral of compliance as provided for in paragraph 1 of this subsection C must be granted only if: a. The applicant demonstrates that the approval standard will likely be met prior to filing an application for final plat or detailed development plan approval, or prior to expiration of the condition of approval described in subparagraph 1.c of this subsection C.A determination by the approval authority that it is likely that the standard will be met must be for the purposes of deferral only and in no way constitutes an assurance, guarantee, or other representation that may in any way be relied upon by the applicant; and b. The applicant executes a written agreement prepared by the city acknowledging that the applicant has determined that deferral is to its benefit and that any and all actions taken pursuant to or in furtherance of the approval are at the applicant's sole and exclusive risk. The acknowledgement must waive, hold harmless and release the city, its officers, employees and agents for any and all claims for damages, including attorney fees, in any way arising from a denial for failure to demonstrate compliance with the standards in subsection B of this section,without regard to fault.Nothing in this section must preclude the applicant from seeking review of any land use decision in accordance with ORS Chapters 197, 215, 227, or equitable relief in a court of competent jurisdiction. The Applicant is not requesting deferral of the requirement to demonstrate compliance with the approval standards of this section. E.Additional Standards. 1. Infrastructure improvements for water, sewer, stormwater, and transportation systems,including but not limited to pump stations and trunk lines, must be located and designed to serve the proposed development and not unduly or unnecessarily restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan. Infrastructure improvements must be evaluated for conformance with this standard during the land use review process. The city must take into account the topography, size, and shape of the development site;the impact of the improvement on the development site; and, the reasonableness of available options during its review. The applicant must not be required to reduce otherwise permitted density or obtain a variance to demonstrate compliance,but this standard may be considered in reviewing a variance application. The Applicant's plans do not restrict the ability of any other property to develop in accordance with the applicable River Terrace Infrastructure Master Plan (RTIMP). This standard is met. 2. Infrastructure improvements for water, sewer, and stormwater must be placed in easements that are located,wherever possible,within existing or future rights-of-way. Easements and rights-of- way must extend through and to the edge of the development site at such locations that would maximize the function and availability of the easement and right-of-way to serve adjacent and surrounding properties. Easements and rights-of-way must be evaluated for conformance with this standard during the land use review process. Dedications of easements and rights-of-way must be required as a condition of land use approval, except where the approval is for a future phase of a planned development or land division approval. The applicant's plans indicate the infrastructure improvements will be located in rights-of-way or easements, as defined above. This standard is met. The Applicant's plans indicate the infrastructure improvements will be located in rights-of-way or easements, as defined above. This standard is met. 3. Development in water pressure zone 550 must either provide or demonstrate that there is sufficient water capacity in water pressure zone 550 to serve the proposed development, or that it can be served by another water pressure zone that has sufficient capacity, to the satisfaction of the city engineer and Tualatin Valley Fire and Rescue during the land use review process. The development lies in the 550 pressure zone. The submitted plans show connection to a future eight-inch, 550 zone CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 22 OF 48 waterline at the northwest corner of the site that will be constructed as part of the South River Terrace development. It is not certain that an eight-inch waterline will provide sufficient water capacity for the school site. Prior to commencing site improvements, the applicant must demonstrate through calculations,plans, exhibits and any other necessary documents or agreements that sufficient capacity is available. The submitted plans also show that an 18-inch water main is proposed in River Terrace Blvd.,along the entire project frontage. This waterline will connect to a future 18-inch waterline that will be constructed as part of the South River Terrace development. This waterline is intended to serve future development to the south of the school site. The Developer is eligible for water SDC credit for the difference in construction cost between a 12-inch water main and larger mains. This standard is met. 4. Development in the north and south sewer sub-basins must demonstrate,where applicable, that there is sufficient pump station capacity and associated force mains to serve the proposed development, or that it can be served by other system improvements, to the satisfaction of the city engineer and Clean Water Services during the land use review process. The proposed development is located in the south sewer sub-basin as shown in the Sanitary Master Plan. The submitted plans indicate that the site will be served by a future 12-inch sanitary line that willl be constructed during Phase 2 of the South River Terrace development. This line will connect to a sanitary line being constructed in Roy Rogers Rd. which will convey flows to the pump station that CWS is constructing near Al's Garden Center. Prior to commencing site improvements, the Applicant must submit evidence from CWS indicating that there is sufficient capacity in the pump station and associated force mains to serve the proposed development. As conditioned this standard is met. 5. If compliance with stormwater management standards is dependent upon an off-site conveyance system or an on- or off-site regional facility that has not yet been provided, the applicant may propose alternative and/or interim systems and facilities as described in the River Terrace Stormwater Master Plan. a. Development approval for an interim facility must include a condition,to decommission the interim facility, connect it to the permanent facility when it becomes available to serve the development, and assurance that adequate financial resources are available to decommission the interim facility when the permanent facility becomes available. The Applicant is proposing a permanent stormwater management solution.A water quality and detention storm facility that complies with the River Terrace Stormwater Master Plan is proposed on the southern portion of the site, and the southwest corner of proposed Parcel 2 of the Art Rutkin Partition MLP2018-00004. The stormwater facilities are designed and sized in accordance with the Tualatin River Urban Stormwater Tool TRUST) model. A preliminary storm drainage report was submitted with the application.A final storm drainage report must be submitted for review and approval prior to commencing site improvements. b. Development approval for an alternative or on- or off-site regional system or facility may include a condition to form a reimbursement district. An alternative was not proposed or deemed necessary. c. No stormwater management system or facility must be approved if it would prevent or significantly impact the ability of other properties to implement and comply with the River Terrace Stormwater Master Plan or other applicable standards. The proposed stormwater management facility has been designed to potentially be the first phase of a regional facility that could support future development of property to the north and east of the school site, this standard is met. F.Other Provisions. CUP2019-0(x)01-ART RUTKIN ELEMENTARY SCHOOL PAGE 23 OF 48 1. Unless expressly authorized in a development approval, no person must impose a private fee or any charge whatsoever that prohibits, restricts, or impairs adjacent or surrounding properties from accessing a public easement, facility, or service. 2. For purposes of this section, an ordinance or resolution adopting an SDC, utility fee, or other charge to fund public facilities and/or services described in this section must be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. The applicant does not intend to impose a private fee or any charge whatsoever that prohibits,restricts, or impairs an adjoining property from accessing a public easement, facility, or service or denies access to such public easement, facility, or service. The applicant understands that an ordinance or resolution adopting an SDC,utility fee, or other charge to finance public facilities and services described in this section must be deemed effective if it has taken effect and the time for any legal challenge has expired or any legal challenge has been finally decided. These standards are met. 18.640.040 Approval Criteria B. Conditional Use, Planned Development, and Site Development Review Approval Criteria. In addition to the approval criteria in Sections 18.740.030, 18.770.060, 18.770.080, and 18.780.060,the following approval criterion must apply to all conditional use, planned development, and site development review applications in River Terrace. 1. Unless the applicable approval authority determines it is in the public interest to make modifications, the applicant must design construct all streets, street extensions, and intersections to conform to: a. The River Terrace Transportation System Plan Addendum; and b. The street spacing and connectivity standards of this chapter, the TCDC, and Washington County,where applicable; and c. The approved plats of subdivisions and maps of partitions of abutting properties, if any, as to width and general direction. 2. The development must not impede the future use or development of adjacent property in River Terrace not under the control or ownership of the applicant proposing the conditional use, planned development, multifamily, or commercial development. As demonstrated on the Overall Site Plan (See Exhibit A—Sheet C300), the streets, street extensions, and intersections in the proposed development conform to the River Terrace Transportation System Plan Addendum, the street spacing and connectivity standards of this chapter,this title,and Washington County. In conformance with the River Terrace Transportation System Plan Addendum, Figure 6 and Figure 7,the proposed development will incorporate a section of River Terrace Boulevard and associated trail system on the west side of the site. No additional streets, street extensions, and intersections are identified within the subject site in the River Terrace Transportation System Plan. Compliance with the street spacing and connectivity standards of this chapter and Washington County are demonstrated in section 18.640.080 and later sections of this report. The development conforms to approved plats of subdivisions and maps of partitions of abutting properties, as to width and general direction,where applicable. This criterion is met. C. Conditions of Approval. The approval authority may attach such conditions as are necessary to comply with the River Terrace Community Plan, related infrastructure master plans, this chapter, and other applicable provisions of the TCDC. Staff has recommended conditions of approval in this staff report for the Hearing Officers consideration. 18.640.060 River Terrace Boulevard Development Standards A. Applicability. The applicable development standards contained in the underlying base zone must apply to all development in River Terrace, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370 or subsection D of this section, and except as specified below. The development standards in this section must apply to the types of development listed below on lots CUP2019-00001-ART RUI KIN ELEMENTARY SCI TOOT, PAGE 24 OF 48 abutting the River Terrace Boulevard right-of-way (ROW). The proposed development property abuts the River Terrace Boulevard right-of-way as shown on Map 18.640.060.B. Therefore, this section applies. B. Building placement and design. 3.The following standards apply to all development subject to conditional use approval that is located on either side of the River Terrace Boulevard ROW, except where an adjustment has been approved as provided in Subsection 18.640.060.D. a. Any building that is located within 40 feet of the River Terrace Boulevard ROW must meet all of the building design standards in Subsection 18.640.070.E for the entire elevation that faces the River Terrace Boulevard ROW, including those portions of the building facade that may be further than 40 feet from the ROW,or as otherwise determined by the approval authority through the conditional use review process. No portion of the proposed school building is within 40 feet of the River Terrace Blvd. ROW, so this subsection is not applicable. b. Any landscape element or structure, including an accessory structure or fence, that is located in a setback abutting the River Terrace Boulevard ROW must be located and designed to support and reinforce a positive pedestrian streetscape experience. There are no structures,including accessory structures or fences,located between the proposed school building and the River Terrace Boulevard right-of-way. There are landscaped areas proposed between the building and the street that consist of trees, ornamental planting beds,and groundcovers. Shrubs and ground cover plants that maintain clear sightlines have been selected. Landscaping has been placed along the three universally accessible pedestrian pathways that connect the school to the multi-modal path in the River Terrace Boulevard right-of-way. Those landscaped areas have been designed to accentuate the pathways and to complement the landscaping along the multi-modal path within the public right-of-way. The three pathways provide direct access from the multi-modal path to the site with minimal vehicular crossings. An approximately 200 SF pedestrian plaza is proposed at the connection of the southernmost pedestrian accessway with the River Terrace Boulevard path. This plaza will support and reinforce a positive pedestrian streetscape experience by offering a place for pedestrians to rest and enjoy views of the Tualatin Valley to the south. This plaza also offers monumentation that enhances the pedestrian connection between the school and River Terrace Boulevard. c. Conditional use development located on the side of the River Terrace Boulevard ROW with the trail corridor must provide at least one walkway connection between the development and the trail a minimum of every 200 feet of River Terrace Boulevard ROW length, or as otherwise determined by the approval authority through the conditional use review process. This project includes extension of the River Terrace multi-modal path along both the western and southern property lines, consistent with the city's transportation system plan. The path along the western property line will be located within public right-of-way. There is approximately 650 feet of site frontage along that property line,which requires three walkway connections.As shown on the Site Plan Sheet C300, three walkway connections between the path and the school site will be provided: 1. One connection at the north end of the site that travels north of the bus drop-off loop,crosses the fire lane, and connects to the front entrance/plaza area. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 25 OF 48 2. One connection near the middle of the site that travels north of the parent drop-off loop and connects to the front entrance/plaza area. 3. One connection at the south end of the site that travels south of the parent drop-off loop and connects up to the front entrance/plaza area. As proposed this standard is met. d. Conditional use development may not include parking lots within 40 feet of the River Terrace Boulevard ROW. As shown on the Site Plan Sheet C300, no parking on the school site will be located within 40 feet of the River Terrace Boulevard right-of-way. Drive aisles for both the north and south parking lots will be located 41 feet from the right-of-way. 4.Direct individual access to River Terrace Boulevard from single-family and duplex development sites is not permitted along the River Terrace Boulevard ROW, except as approved through the adjustment process in accordance with subsection D of this section. Direct access to River Terrace Boulevard from multifamily residential, conditional use, and commercial development sites are allowed where no other practicable alternatives exist. If direct access is permitted by the city through the site development or conditional use review process, the applicant must be required to mitigate for any safety or traffic management impacts identified by the city engineer. This may include,but is not limited to, the construction of an on-site vehicle turnaround to eliminate the need for any vehicle turning or backing movements in the public right-of-way. The proposed school will take direct access from River Terrace Boulevard. There are no other practicable alternatives for access to the site. The site has been designed to eliminate the need for vehicle turning or backing movements in the public right-of-way. This application includes a traffic study (see Exhibit B) that evaluates projected impacts to the surrounding transportation system from the proposed project,along with any recommended mitigation. This standard is met. 18.640.080 Street Design A. River Terrace Boulevard. The following street design standards apply to River Terrace Boulevard as shown in Figure 18.640.7 below. The general location of River Terrace Boulevard is shown on Map 18.640.B,which is located at the end of this chapter. The preliminary plans include a 70 foot wide right of way dedication that will allow for construction of the easterly portion of River Terrace Blvd. along the project frontage. The proposed right of way dedication and horizontal location of the improvements within the right of way provide safe,interim,multimodal access to the school site. The proposed design also allows for construction of west portion of River Terrace Blvd. in a configuration matching that shown in Figure 18.640.7. The design of the improvements shown in the plans utilize an inverted crown as opposed to a standard crown as depicted in Figure 18.640.7. Construction of the improvements in the proposed configuration will place an undue burden on development of the property to the west of the school site due to reconfiguration of storm drain facilities that will be needed to accommodate the future median curb.A condition of approval requiting construction of the improvements in a standard crown section is recommended. Final design of River Terrace Blvd must be reviewed and approved as part of the PFI Permit prior to commencing site improvements. As conditioned, the River Terrace Blvd standards are met. a. Sidewalks. i. With or without on-street parking, and not adjacent to trail corridor: 6-foot minimum width. ii. With on-street parking, and adjacent to trail corridor: 5.5-foot minimum width(includes 0.5-foot curb). iii. Without on-street parking, and adjacent to trail corridor: no sidewalk required. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 26 OIC 48 A six-foot wide, curb tight sidewalk along the entire project frontage is proposed. This will allow for on-street parking along the school frontage once River Terrace Blvd. is constructed to its ultimate configuration. This standard is met. b. Landscape strips. i. With or without on-street parking, and not adjacent to trail corridor: 8.5-foot minimum width includes 0.5-foot curb). ii. With on-street parking, and adjacent to trail corridor: no landscape strip required. iii. Without on-street parking, and adjacent to trail corridor: 8.5-foot minimum width (includes 0.5- foot curb) between travel lane and trail. This width may also be used to meet the trail corridor landscaping requirement in Subparagraph 18.640.080.A.1.f.ii. The frontage is configured for future on-street parking adjacent to the trail corridor, so no landscape strip is required. This standard is met. a. Bike facilities.Accommodated within trail corridor described in Subparagraph 18.640.080.A.1.f. The trail corridor is being provided on the school site frontage. This criterion is met. b. On-street parking.8-foot minimum width where provided,interspersed with 6-foot minimum width landscape strip extensions. The preliminary plans show two 12-foot travel lanes along the entire frontage as an interim improvement. This 24- foot width can be reconfigured as one 11-foot lane,eight-foot wide parking, and five-foot wide contribution to the 14-foot wide ultimate center median. Interspersed six-foot wide landscape strip extensions would have to be added as part of the ultimate widening since they would encroach into one of the interim travel lanes if constructed as part of this project. This standard is met. e. Travel lanes. i. Through lanes: one 11-foot travel lane in each direction. One 12-foot wide travel lane in each direction that can be reconfigured to match the configuration shown in Figure 18.640.7 is proposed as an interim condition. This standard is met. ii. Median: 14 feet between travel lanes to be used for landscaping, pedestrian crossing refuge, or left-turn lane (includes 2-foot clearance from travel lanes and 0.5-foot curb on both sides). The proposed improvements can be reconfigured to provide the 14-foot wide median during development of the property to the west. This criterion is met. iii. Left-turn lane: 11-foot minimum width where left turns are allowed, as determined by the City Engineer. The 14-foot wide median that can be provided during development of the property to the west of the school site will be wide enough to accommodate an 11-foot wide turn lane to serve both of the school access points as well as access to the property to the west. This standard is met. f. Trail corridor. 38-foot minimum width on one side of the street. i. Trail: 12-foot minimum width of paving. ii. Trail corridor landscaping:26-foot minimum width of landscaping unequally distributed on both sides of the trail to facilitate trail curvature. This width may be reduced if adjacent to a public CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 27 OF 48 park or other open space easement or tract and may be used for stormwater management purposes with the approval of the City Engineer. The preliminary plans show a 38-foot wide trail corridor with a 26-foot width of landscaping and a 12-foot wide paved trail. These standards are met. g. Required street lighting. Intersection safety lighting and basic street lighting per Public Improvement Design Standards. Provision of intersection and basic street lighting meeting City standards is a recommended condition of approval for this project. This standard will be met. 18.640.090 Street Connectivity A. Street Alignment and Connections. In addition to the exceptions already allowed in subsection 18.910.030.H, the following exceptions must also apply to development in River Terrace. 1. For development sites located on the side of the River Terrace Boulevard right-of-way with the trail corridor, an additional exception to the street spacing requirement is allowed and encouraged to minimize the number of trail crossings, provided that there are bicycle and pedestrian connections in public easements or rights-of-way a minimum of every 330 feet. 2. For public or private school sites, an additional exception to the street spacing requirement is allowed,provided that there is adequate internal circulation for pedestrians, cyclists, and vehicles within and through the site and a sufficient number and distribution of public access points from the site to public streets, sidewalks, and trails as determined by the approval authority. The proposed development is for a public school which can qualify for an exception to the street spacing requirement. The preliminary plans show two points of vehicular access to the public right of way,as well as three points of access to the community trail for pedestrians and bicycles. The preliminary plans also show adequate internal circulation for all three modes of transportation. This standard is met. B. Block Perimeter. The perimeter of blocks formed by streets must not exceed a total of 1,600 feet measured along the centerline of the streets except where street location is precluded by natural topography,wetlands, significant habitat areas, bodies of water, pre-existing development, or an arterial or collector street along which the city has identified a need to minimize the number of intersections. The perimeter of the block formed when River Terrace Boulevard is extended by the proposed project will exceed 1,600 feet. In order to meet the block perimeter standard,a street would need to be constructed through the center of the school site. Placing a public street through the middle of a school campus is not feasible for safety and security reasons. However, the proposed bicycle and pedestrian circulation system on and around the site will provide a high level of connectivity that meets the intent of the block perimeter standard. Three connections into the site from River Terrace Boulevard are proposed; the regional trail will provide connections to development north and future development east of the site; and the southern fire lane includes an extension to the east property line for a future pedestrian connection when that property eventually develops. This standard is met. FINDING: As shown in the analysis above, the River Terrace Plan District Design standards are met. 18.715 ADJUSTMENTS 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 28 OF 48 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; The requested adjustment for a reduction in bicycle parking is consistent with the purpose of the standard because it will provide adequate capacity for bicycle parking on the school site.The school site is located at the edge of the UGB land to the south and west of the site is designated urban reserve and zoned by Washington County for rural uses. Any development of this area would require and extension of the UGB and annexation by the City of Tigard. As such, expected bicyde trips to the school would likely come from the north and northeast of the site where more urban levels of development have occurred or are planned. Because of this,bicycle trips to the school initially,are likely to be less than what would be experienced at a school in a more urban location until properties are developed around the school.As noted in the Traffic Impact Study in Exhibit B,data from other Tigard elementary schools indicates that the mode split(meaning the percentage of students who use bikes to get to school) for biking to elementary schools does not typically exceed 10percent.The examples provided in the traffic study were six percent at Durham ES,eight percent at CF Tigard ES,and nine percent at Mary Woodward ES.The District is proposing 52 bicycle parking spaces at the school site,which represents approximately eight percent mode split(assuming 650 students). The site plan also indicates an area for 14 future bike parking spaces located between the bus drop-off loop and the main entry plaza. Bike parking will be installed as needed when land to the west, south,and east is developed and future demand for bike parking increases beyond the 52 proposed spaces. An eight percent is acceptable for now give the current pattern of development in River Terrace. The demand is expected to increase in the future as the areas around the school develop. At full build-out of River Terrace,the comparison of demand for bicycle parking to other schools in the system would not be an accurate measure as River Terrace is a community that is planned for emphasis on alternative means of transportation and will have sidewalks and trails throughout the development that facilitate bicycling and walking to a much greater degree than is currently possible at the other schools used in the comparison. The requested adjustment to the location of the 24 bike parking spaces near the front of the school is approximately 145 feet from the entrance (more than the 50 feet required from the main entrance).The proposed location will meet the purpose of the standard because the bike parking will be located appropriately within the context of the school site. The proposed location for the 24 spaces is in a highly visible area at the front of the school where bicyclists will enter the site (from either of the connections to the multi-modal path along River Terrace Boulevard).This location is as close to the main entrance as possible while still maintaining good pedestrian circulation near the front door;it allows the landing near the front door to function as intended (as a sheltered surveillance area during drop-off and pick-up times).This location also allows bicyclists to park their bikes without having to use stairs or a ramp to access the bike parking. This criterion is met. 2. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone; Two adjustments are requested related to bicycle parking. The cumulative effect of the requested adjustments is that the site will have an appropriate amount of bicycle parking for the school based on its location and anticipated mode split for biking,and the bicycle parking will be located appropriately within the context of the site. The surrounding area is primarily undeveloped and therefore does not have an existing development pattern. The overall purpose of the R7 base zone is to accommodate "compatible nonresidential development—including,but not limited to, schools...at appropriate locations and scales".The requested adjustments are generally consistent with this purpose because they will facilitate the school use in the R7 zone and allow the school to plan for bicycle parking as appropriate for this particular site. This criterion is met. 3. The proposed adjustment utilizes innovative design,results in sustainable development, or addresses a site constraint or unusual situation; CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 29 OF 48 The proposed adjustment to the number of bicycle parking spaces required for the school addresses an unusual situation,as described above.The school site is located at the edge of the UGB—land to the south and west of the site is designated urban reserve and zoned by Washington County for rural uses.Any development of this area would require and extension of the UGB and annexation by the City of Tigard. Additionally,the nearby areas that are within the UGB re not yet fully developed.As such,expected bicycle trips to the school would likely come from the north and northeast of the site where more urban levels of development have occurred or are planned. Because of this, bicycle trips to the school initially,are likely to be less than what would be experienced at a school in a more urban location until more properties are developed around the school. Bicycle racks have been provided in two locations. Partially covered bicycle parking spaces (24 spaces total) are provided near the front of the school.Additionally,28 covered bicycle racks have been provided immediately adjacent to the gym entry on the south side of the building. Both are highly visible locations. The requested adjustment to the 50-foot standard addresses a site constraint due to topography of the site and the way the building was designed in response to topography. In locating bike parking for the school,it was important to provide some spaces near the front of the school in a visible location where most students,staff and visitors will enter the site. However,the main entrance at the front of the school is approximately seven feet higher in elevation than the entry plaza (users must go upstairs or a ramp to go from the plaza to the landing by the front door). It's not appropriate to put bike racks on the landing near the front door because there is not adequate space in that area and bicyclists would have to go upstairs or a ramp to get to the bike parking. Furthermore,the landing by the front door is intended to be a sheltered location for people to wait and do surveillance during school drop-off and pick-up times. Bike racks in that location would be a disruption. The bike racks were placed close to the front entrance while maintaining safety and pedestrian circulation. This criterion is met. 4. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and The proposed adjustments to bicycle parking requirements for the school site will not have any impact on city- designated sensitive lands.The only sensitive lands on the school site are at the southern property line where the stormwater facilities and path corridor are located. Bicycle parking for the school is not proposed in that area;the requested adjustments have no implications related to the sensitive lands located on the site. This criterion is met. 5. Any impacts from the proposed adjustment are mitigated to the extent practicable. The proposed adjustments to bicycle parking requirements are not anticipated to have any impacts on the school site or how it functions. The adjustments are being requested to more closely align bicycle parking on the site with anticipated initial demand,and to locate the bicycle parking appropriately on the site. This criterion is met. FINDING: As shown in the analysis above, the adjustment criteria are met. 18.910 STREET AND UTILITY IMPROVEMENTS STANDARDS Chapter 18.910 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: 18.910.030. Streets A. Improvements 1. Streets within a development and streets adjacent must be improved in accordance with the TDC standards. 2. Any new street or additional street width planned as a portion of an existing street must be dedicated and improved in accordance with the TDC. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 30 OF 48 3. No development must occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street must meet the standards of this chapter. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following condition exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorist or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not,by itself,provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. The preliminary plans for the proposed development show access to River Terrace Blvd. at the northwest corner of the site. At the time of this application, River Terrace Blvd does not yet exist at this location. A condition of approval that requires dedication of right of way from the northwest corner of the site to existing public right of way at either Roy Rogers Rd. or Bull Mountain Rd., and substantial completion of street improvements within the dedicated right of way is recommended to meet this criterion. The preliminary plans for the proposed development include construction of a portion of River Terrace Blvd. designed to meet the standards of this chapter. Construction of River Terrace Blvd. improvements that exceed the half-street requirement are proposed on the west frontage of the school site. No other public streets are proposed. As conditioned these standards are met. B. Creation of rights-of-way for streets and related purposes. Rights-of-way must be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed,provided that such street is deemed essential by the council for the purpose of general traffic circulation. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. c. The street is located within the mixed use central business district (MU-CBD) zone and has been identified on Figures 5-14A through 5-14I of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication must be made a condition of subdivision and major partition approval. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 31 OF 48 a. The applicant must submit such additional information and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council must be made. b. The recommendation, if any, must be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which are necessary to preserve the standards of this title. 3. All deeds of dedication must be in a form prescribed by the city and must name "the public" as grantee. Right-of-way for River Terrace Blvd is to be obtained through a final partition plat,Minor Land Partition (MLP2018- 00004). Prior to issuance of any development permit the applicant must have recorded the partition plat, case number MLP2018-00004. As conditioned this standard is met. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements must be provided and maintained in compliance with the Oregon Fire Code, Section 503. 2. Access must be in compliance with 18.920.030.H, I, and J. This section is not applicable since vehicular access easements are not being proposed by the Applicant. D. Street location,width and grade. Except as noted below, the location,width and grade of all streets must conform to an approved street plan and must be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades must be approved by the city engineer in accordance with subsection N of this section; and 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development must either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan must be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. Sections 18.920.030.H, I and J. E. Minimum Rights-of-Way and Street Widths Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the downtown district, street right-of-way and roadway widths must not be less than the minimum width described below. Where a range is indicated, the width must be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements.The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.910.1. 1. The decision-making body must make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 32 OF 48 a. The type of road as set forth in the comprehensive plan transportation chapter- functional street classification. b. Anticipated traffic generation. c. On-street parking needs. d. Sidewalk and bikeway requirements. e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. i. Planting and landscape areas. j. Safety and comfort for motorists, bicyclists, and pedestrians. k. Access needs for emergency vehicles. The location,width and cross section for River Terrace Blvd. as established in Chapter 18.640 of this code supersedes the standards in this section. As previously noted in this report, the improvements to River Terrace Blvd. are proposed to be designed consistent with the requirements in Chapter 18.640. These standards are met. F. Future Street Plan and Extension of Streets 1. A future street plan must: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan must show the pattern of existing and proposed future streets from the boundaries of the proposed land division and must include other parcels within 530 feet surrounding and adjacent to the proposed land division.At the applicant's request, the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal must be reimbursed for the time involved.A street proposal may be modified when subsequent subdivision proposals are submitted. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 530 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets must be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be cul-de- sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade must be constructed at the end of the street by the property owners which must not be removed until authorized by the city engineer, the cost of which must be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs must be constructed for stub street in excess of 150 feet in length. Not applicable. This application does not include a subdivision or partition. Therefore, a future street plan is not required. G. Street spacing and access management. Refer to 18.920.030.H. H. Street Alignment and Connections: 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography, railroads, freeways,pre-existing developments, lease provisions, easements, covenants or other restrictions existing prior to May 1, 1995 which preclude street connections.A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2. All local, neighborhood routes and collector streets which abut a development site must 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 CUP2019-00001-ART RUTKIN ELEMENTARY SCI I00I. PAGE 33 OF 48 in this code.A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15%for a distance of 250 feet or more. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. 3. Proposed street or street extensions must be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4. All developments should provide an internal network of connecting streets that provide short, direct travel routes and minimize travel distances within the development. The proposed development does not include a street connection through the school site as allowed by the exceptions for schools in 18.640.090 of this code,and as discussed previously in this report. As noted previously,a full street connection is not being proposed through the school site.According to the exceptions allowed in 18.640.090.A.2 for a public school, an exception to the street spacing requirement is allowed because the school site will provide adequate internal circulation for pedestrians,cyclists and vehicles within and through the site. In addition, there will be three public access points from the school site to River Terrace Boulevard, the public sidewalk and multi-modal trail. The northerly extension of River Terrace Blvd.will provide access to existing parks and future commercial services located in River Terrace.The portion of River Terrace Blvd. being constructed by this project provides direct access from existing residential development to the proposed school. These standards are met. I. Intersection angles. Streets must be laid out so as to intersect at an angle as near to a right angle as practicable,except where topography requires a lesser angle,but in no case must the angle be less than 75°unless there is special intersection design, and: 1. Streets must have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; 2. Intersections which are not at right angles must have a minimum corner radius of 20 feet along the right-of-way lines of the acute angle; and 3. Right-of-way lines at intersection with arterial streets must have a corner radius of not less than 20 feet. These standards are not applicable since there are not any intersecting streets be proposed. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than standard width, additional rights-of-way must be provided at the time of subdivision or development. The applicant proposes to dedicate 70 feet of right of way for the construction of River Terrace Blvd.,including the community trail. This standard is met. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet,while generally not acceptable, may be approved where essential to reasonable development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when adjoining property developed. This section is not applicable since a pavement width of less than 20 feet is not being proposed. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 34 OF 48 L. Cul-de-sacs. No cul-de-sac is proposed or deemed necessary. M. Street names. No street name must be used which will duplicate or be confused with the names of existing streets in Washington County,except for extensions of existing streets. Street names and numbers must conform to the established pattern in the surrounding area and as approved by the city engineer. This criterion is not applicable since no new street names will be needed for the proposed development. N. Grades and Curves. 1. Grades must not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any other street (except that local or residential access streets may have segments with grades up to 15 percent for distances of no greater than 250 feet); and 2. Centerline radii of curves must be as determined by the city engineer. Proposed grades for River Terrace Blvd. do not exceed 12 percent. The proposed centerline radius for River Terrace Blvd. meets city standards and matches the radius being proposed by Phase 2 of the South River Terrace development to the northwest of the site. These standards are met. O. Curbs,curb cuts,ramps, and driveway approaches. Concrete curbs,curb cuts,wheelchair,bicycle ramps and driveway approaches must be constructed in compliance with standards specified in this chapter and Chapter 15.04,Work in the Right of Way, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line must be built to city configuration standards. The site plans show all the curbs, curb cuts,intersection ramps and driveway approaches. The narrative indicates that all the above elements will be designed in accordance with the City of Tigard Design Standards. P. Streets adjacent to railroad right-of-way. Not applicable. The development site is not adjacent to railroad right-of-way. Q. Access to Arterials and Major Collectors: Where a development abuts or is traversed by an existing or proposed arterial or major collector street, the development design must provide adequate protection for residential properties and must separate residential access and through traffic, or if separation is not feasible, the design must minimize the traffic conflicts. The design must include any of the following: 1. A parallel access street along the arterial or major collector; 2. Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a non-access reservation along the arterial or major collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications,primary access should be from the lower classification street. CUP2019-00001-ART RUCK N Eli SCHOOL PAGE 35 OF 48 Residential development is not being proposed, so this section is not applicable. R. Alleys,public or private. 1. Alleys must be no less than 20 feet in width. In commercial and industrial districts, alleys must be provided unless other permanent provisions for access to off-street parking and loading facilities are made. 2. While alley intersections and sharp changes in alignment must be avoided, the corners of necessary alley intersections must have a radius of not less than 12 feet. Alleys are not being proposed, so this section is not applicable. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it must be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments must be reestablished and protected. Applicant will ensure certification of all boundary and survey monuments upon completion of the street improvements to comply with this standard. T. Private streets. 1. Design standards for private streets must be established by the city engineer; and 2. The city must require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments,mobile home parks, and multi-family residential developments. Private streets are not being proposed, so this section is not applicable. U. Railroad crossings. The development is not adjacent to railroad crossing. V. Street signs. The city must install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs must be the responsibility of the developer. The Applicant understands that they are responsible for the cost and installation of street signs. W. Mailboxes. Joint mailbox facilities must be provided in all residential developments,with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures must be placed adjacent to roadway curbs; 2. Proposed locations of joint mailboxes must be designated on a copy of the preliminary plat or development plan, and must be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used must be submitted for approval by the city engineer/U.S. post office prior to final approval. Residential development is not being proposed, so this section is not applicable. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 36 OF 48 X. Traffic signals. The location of traffic signals must be noted on approved street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approved specifications must be installed.The cost must be included as a condition of development. Street intersections are not being proposed by the applicant, so this section is not applicable. Y. Street light standards. Street lights must be installed in accordance with regulations adopted by the city's direction. Street lights meeting city requirements will be installed on River Terrace Blvd. Decorative LED lights matching the existing lights on River Terrace Blvd. to the north of this site will be provided as previously discussed in this report. Z. Street name signs. Street name signs must be installed at all street intersections. Stop signs and other signs may be required. Street intersections are not being proposed with this development, so this section is not applicable. AA. Street cross-sections. The final lift of asphalt concrete pavement must be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift must also be placed no later than when 90 percent of the structures in the new development are completed or three years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course must be of select crushed rock; 2. Surface material must be of Class C or B asphaltic concrete; 3. The final lift must be placed on all new construction roadways prior to final city acceptance of the roadway;however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift must be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift must be less than 1.5 inches in thickness. The final lift of asphalt concrete on River Terrace Blvd. will be placed consistent with the requirements of this section. BB.Traffic calming. When, in the opinion of the city engineer, the proposed development will create a negative traffic condition on existing neighborhood streets, such as excessive speeding,the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate.As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer determines that the additional traffic from the development has triggered the need for traffic calming measures.The city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval.Any funds not used by the city within the five-year time period will be refunded to the developer. River Terrace Blvd., to the north of the school site, utilizes roundabouts, narrow traffic lanes, and curb bump outs to discourage speeding, so traffic calming measures are not expected to be needed, and are not being requested by the city. CUP2019-00001-ART RUTKIN ELEMENTARY SCIIOOI, PAGE 37 OF 48 CC.Traffic study. 1. A traffic study must be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10 percent or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generations from development onto the city street at the point of access and the existing ADT fall within the following ranges: Existing ADT ADT to be added by development 0-3.000 vpd 2.000 t.pd 3.001-0,000 vpd 1.000 pd 6.000 v pd 500 vpd or more c. If any of the following issues become evident to the city engineer: d. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. I. Lack of existing left-turn lanes onto the adjacent roadway at the proposed access drive(s). II. Inadequate horizontal or vertical sight distance at access points. III. The proximity of the proposed access to other existing drives or intersections is a potential hazard. IV. The proposal requires a conditional use permit or involves a drive-through operation. V. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facility; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. Ord. 12-13 §1; Ord. 09-09 §3; Ord. 06-20; Ord. 02-33; Ord. 99-22) A traffic study analyzing the impact of the proposed development has been provided by the applicant. If,during the final design, additional traffic issues arise that are not covered in the current report, additional analysis will be requested. As conditioned these standards are met. 18.910.040 Blocks A. Block design. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated,consideration of needs for convenient access,circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 38 OF 48 2. Bicycle and pedestrian connections on public easements or rights-of-way shall be provided when full street connection is exempted by Paragraph 18.910.040.B.1. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. (Ord. 17-22 §2) The perimeter of the block formed when River Terrace Boulevard is extended by the proposed project will exceed 2,000 feet. In order to meet the block perimeter standard, a street would need to be constructed through the center of the school site. Placing a public street through the middle of a school campus is not feasible for safety and security reasons. However, the proposed bicycle and pedestrian circulation system on and around the site will provide a high level of connectivity that meets the intent of the block perimeter standard. Three connections into the site from River Terrace Boulevard are proposed; the regional trail will provide connections to development north and future development east of the site; and the southern fire lane includes an extension to the east property line for a future pedestrian connection when that property eventually develops. This standard is met. 18.910.050 Easements A. Easements. Easements for sewers, drainage,water mains, electric lines or other public utilities must be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainageway, there must be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of the watercourse. B. Utility Easements. A property owner proposing a development must make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements must be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. Easements for utilities outside of the public right of way are being proposed. The 20-foot wide easement through the site for sanitary sewer and water lines to serve future development to the east of the school will likely need to be wider to accommodate public health separation of the utilities and required depth of the sanitary sewer. The final required width will be determined based on the final site and utility design. This standard is met. 18.910.070 Sidewalks A. Sidewalks. All industrial streets and private streets must have sidewalks meeting city standards along at least one side of the street.All other streets must have sidewalks meeting city standards along both sides of the street.A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. The frontage improvements provided with the proposed school project will include a sidewalk on the east side of River Terrace Boulevard, adjacent to the site. The street will serve as a full two-way street until such time as the full cross section is constructed (which will include sidewalks on the west side) as part of future development. This standard is met. B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant must be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 0.5 mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 39 OF 48 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction,the sidewalk must be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). The proposed development does trigger more than 1,000 trips per day according to the traffic study. The closest transit stop is located close to the intersection of Scholls Ferry Rd. and Teal Blvd,which is more than 0.5 miles away from the site. The closest park to the site is located just north of Bull Mountain Rd., on River Terrace Blvd. Since access and utilities that are needed by the school will be constructed during development of Phase 1 and Phase 2 of South River Terrace,the school will have straight line pedestrian access to the park via the northerly extension of River Terrace Blvd. when it opens. This standard will be met. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk must be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street;it would conflict with the utilities;there are significant natural features (large trees,water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.910.1 specify otherwise.Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The proposed design of River Terrace Blvd. is consistent with Section 18.64O.O8O.A of this code, which allows for elimination of the landscape strip if there is on street parking on the side of the street with the trail corridor. The River Terrace Blvd. improvements have been designed to allow for on street parking on the school side of the street when future full width build out of the street is done, so this standard is not applicable. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The Applicant understands that maintenance of sidewalks, curbs,and planter strips will be the continuing obligation of adjacent property owner(s). E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments that are not part of a current subdivision approval: 1. An occupancy permit must not be issued for a development until the provisions of this section are satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provisions of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time; b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk; c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or d. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical or economically infeasible. 3. The city engineer must inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 40 OF 48 Prior to commencing of site improvements, the Applicant must submit site plans as part of the PFI Permit showing the location of sidewalk to Engineering for review and approval. Prior to Final Occupancy, the sidewalk must be constructed, completed, and/or satisfied. Sidewalk in the public right of way or proposed public right of way will be inspected and approved by the City of Tigard Engineering Division. As conditioned this standard is met. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist, the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks; and 4. A criteria which allowed noncompliance under this section no longer exists and a sidewalk could be constructed in conformance with city standards. (Ord. 12-13 §1; Ord. 06-20; Ord. 02-33; Ord. 99-22) This subsection is not applicable. 18.910.090 Sanitary Sewers. A. Sewers required. Sanitary sewers must be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The city engineer must approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems must include consideration of additional development within the area as projected by the comprehensive plan. D. Permit Denied. Development permits may be restricted by the commission or hearing officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system The proposed development falls within the south sewer sub-basin as shown in the Sanitary Sewer Master Plan. The site will be served by a 12-inch sanitary sewer pipe that will be constructed from Roy Rogers Rd. to the northwest corner of the site by the South River Terrace development. Sewer flows in Roy Rogers Rd. will flow by gravity to a pump station being constructed by CWS. Preliminary plans indicate that the 12-inch sanitary pipe will be extended east through the site, to the easterly property line.This extension will serve development to the east of the school as shown in the Sanitary Sewer Master Plan. Sanitary sewer service is not shown to be extended to the south of the school because the properties to the south of the school are too low to be served by this system. CUP2019-00001-ART RUTKIN ELEMENTARY SCI 1001. PAGE 41 OF 48 Prior to commencing site improvements,the Applicant must provide evidence from CWS that there is sufficient capacity in the sewer pump station and associated force mains to serve the proposed development. As conditioned, this requirement is met. 18.910.100 Storm Drainage. A. General Provision. The director and city engineer must issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system must be separate and independent of any sanitary sewerage system; 2. Where possible, inlets must be provided so surface water is not carried across any intersection or allowed to flood any street; and 3. Surface water drainage patterns must be shown on every development proposal plan. The River Terrace Community Plan addresses stormwater management and the need to protect the quality of the community's water supply, the built environment from flood damage during large storm events, and the health and function of stream corridors for habitat and recreation. A River Terrace Stormwater Master Plan was developed to address the following goals: Restore/enhance vegetated corridors Protect water quality Preserve existing hydrology Promote safe and long-lasting stormwater facilities Balance the use of regional and on-site stormwater management Preserve existing mature vegetation Maximize use of multi-benefit facilities to create community amenities Promote partnership with other public service providers Stormwater management infrastructure is needed to protect the water quality of downstream natural resource areas, the downstream receiving waters from increased rates of erosion caused by additional water quantity, and the built environment from flood damage during large storm events. River Terrace Stormwater Master Plan has identified Strategy Areas A, B and C, with varying water quality and water quantity treatment tools. The proposed school is located in Strategy area C. The preliminary plans include a stormwater system that is independent of the sanitary sewer system. Additional inlets may be need to keep surface water from crossing the main school entrances once River Terrace Blvd. is revised to a crown section and existing drainage patterns have been shown. The applicant has submitted a Preliminary Stormwater Report for this project, prepared by KPFF, dated September, 2019 showing the water quantity analysis was done following the TRUST methodology and water quality analysis was done following CWS Design Standards. A Final Stormwater Report must be submitted for review and approval prior to commencing of site improvements. As conditioned these standards are met. B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream,there must be provided a stormwater easement or drainage right-of-way conforming substantially with lines of such watercourse and such further width as will be adequate for conveyance and maintenance. There are no watercourses, drainage ways,channels or streams traversing the site, so this section is not applicable. C. Accommodation of Upstream Drainage. A culvert or other drainage facility must be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development. The City Engineer must approve the necessary size of the facility, based on the provisions of Design and Construction CUP2019-00001-ART RUTKJN ELEMENTARY SCHOOL PAGE 42 OF 48 Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). Construction of the first phase of a potential regional stormwater facility is being proposed by this development. This facility has the potential to mitigate increase in runoff from future development to the north and east of the school site, so this standard is met. D. Effect on Downstream Drainage. Where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility,the Director and Engineer must withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). The stormwater facility that is being proposed by this development will reduce stormwater runoff to a level that is less that the current runoff,which exceeds CWS requirements. As conditioned, this requirement is met. 18.910.110 Bikeways and Pedestrian Pathways. A. Bikeway extension. 1. As a standard, bike lanes must be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan (TSP). Bike lane requirements along collectors within the downtown urban renewal district must be determined by the city engineer unless specified in Table 18.910.1. 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan must include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project must include bicycle lanes as required in this document and on the adopted bicycle plan. The design of River Terrace Blvd. as shown in Section 18.640.080.A provides for bike connectivity through the use of a 12-foot wide multi-use trail instead of bike lanes. The preliminary plans for the development include the required multi- use trail along River Terrace Blvd. as well as the entire length of the southerly boundary of the school site. This standard is met. B. Cost of construction. Development permits issued for planned unit developments, conditional use permits, subdivisions and other developments which will principally benefit from such bikeways must be conditioned to include the cost or construction of bikeway improvements in an amount roughly proportional to the impact of the development. A preliminary construction cost including bikeway costs will be required at PFI Permit submission. A final construction cost will be required prior to issuance of the PFI Permit. C. Minimum width. 1. The minimum width for bikeways within the roadway is five feet per bicycle travel lane. 2. The minimum width for multi-use paths separated from the road and classified as regional or community trails in the Greenway Master Plan is 10 feet.The width may be reduced to eight feet if there are environmental or other constraints. 3. The minimum width for off-street paths classified as neighborhood trails, according to the Greenway Trail System Master Plan, is three feet. CUP2019-00007-ART RUTKIN ELEMENTARY SCHOOL PAGE 43 OF 48 4. Design standards for bike and pedestrian-ways must be determined by the city engineer. (Ord. 12-13 §1; Ord. 11-04 §2; Ord. 09-09 §3; Ord. 02-33; Ord. 99-22) The proposed width of the multi-use trail along River Terrace Blvd. and the southerly boundary of the school is 12 feet. This standard is met. 18.910.120 Utilities. A. Underground utilities. 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities must 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: 2. The developer must make all necessary arrangements with the serving utility to provide the underground services; 3. The city reserves the right to approve location of all surface mounted facilities; 4. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, must be constructed prior to the surfacing of the streets; and 5. Stubs for service connections must be long enough to avoid disturbing the street improvements when the service connections are made. The site plans and narrative indicates that all utility lines including,but not limited to those required for electric, communication,lighting and cable television services and related facilities will be placed underground in the proposed development. All underground utilities,including sanitary sewers and storm drains installed in the street by the developer,will be constructed prior to the surfacing of the streets and stubs for service connections will be long enough to avoid disturbing the street improvements when the service connections are made. These standards are met. B. Information on development plans. 1. The applicant for a development must show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 2. Plans showing the location of all underground facilities as described herein must be submitted to the city engineer for review and approval; and 3. Care must be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. An eight-foot PUE adjacent to all rights of way is shown on the site plans and preliminary plats. Additional public utility easements will be requested as needed during the review of the PFI Permit. Vision clearance areas will also be reviewed prior to permit issuance.As conditioned these standards are met. C. Exception to undergrounding requirement. 1. The developer must 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 must 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 must pay the fee in-lieu of undergrounding. 3. Properties within the MU-CBD zone must be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 44 OF 48 4. The exceptions in paragraphs 1 through 3 of this subsection C must apply only to existing utility lines.All new utility lines must be placed underground. D. Fee in-lieu of undergrounding. 1. The city engineer must establish utility service areas in the city.All development which occurs within a utility service area must pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this chapter. 2. The city engineer must establish the fee by utility service area which must be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area must be allocated on a front-foot basis to each party within the service area. The fee due from any developer must be calculated based on a front-foot basis. 3. A developer must receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The city engineer must determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area must be used for undergrounding utilities within the city at large. The city engineer must prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list must indicate the estimated timing and cost of each project.The list must be submitted to the city council for their review and approval annually. The applicant is not requesting an exception to, or a fee in lieu of undergrounding. 18.920 ACCESS, EGRESS,AND CIRCULATION Applicability of Provisions A. When provisions apply. The provisions of this chapter must apply to all development including the construction of new structures, the remodeling of existing structures (see Section 18.360.050), and to a change of use which increases the on-site parking or loading requirements or which changes the access requirements. A school development is proposed with this application. The attached Circulation Plan (Sheets C350-352) shows the proposed access, egress, and circulation from and within the site. Compliance with Chapter 18.920 is addressed in preceding sections of this report. These standards apply. 18.920.030 General Provisions D. Public street access.All vehicular access and egress as required in 18.705.030.H and I must connect directly with a public or private street approved by the city for public use and must be maintained at the required standards on a continuous basis. As shown on the applicant's Circulation Plan (Sheet C350-352), the school will connect directly with a public street, River Terrace Boulevard. It will also be maintained on a continuous basis. This standard is met. F. Required walkway location. On-site pedestrian walkways must comply with the following standards: 1. Walkways must extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress.Walkways must provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless impractical,walkways must be constructed between new and existing developments and neighboring developments. 2. Within all attached housing (except two-family dwellings) and multifamily developments, each residential dwelling must be connected by walkway to the vehicular parking area, and common open space and recreation facilities. 3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings must be designed and located for pedestrian safety. Required walkways must be physically separated from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 45 OF 48 or a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used.Walkways must be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes,benches, bicycle racks, and sign posts, and must be in compliance with ADA standards. 4. Required walkways must be paved with hard surfaced materials such as concrete, asphalt, stone, brick, other pervious paving surfaces, etc.Any pervious paving surface must be designed and maintained to remain well-drained.Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. Paths for pedestrian access and circulation will be provided as required and will be consistent with applicable standards. These standards are met. H. Access management. 1. An access report must be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County, the city and AASHTO (depending on jurisdiction of facility). The traffic report prepared by Kittelson and Assoc. confirms that the proposed design provides adequate stacking needs and sight distance.The need for evaluation of compliance with deceleration standards will be evaluated during the review of final site design. Final Intersection Sight Distance Certifications must be submitted for review and approval prior to occupancy. As conditioned this standard is met. 2. Driveways must 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 must be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway.The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway must be placed as far from the intersection as possible. Driveways to the school site will not be placed in an influence area of River Terrace Boulevard. Site driveways will be located more than 150 feet from the nearest intersection. This standard is met. 3. The minimum spacing of driveways and streets along a collector must be 200 feet.The minimum spacing of driveways and streets along an arterial must be 600 feet. 4. The minimum spacing of local streets along a local street must be 125 feet. The spacing between the two proposed driveways is 200 feet, and no local streets are proposed. These standards are met. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multifamily residential uses must not be less than as provided in Tables 18.920.1 and 18.920.2. Not applicable. Residential uses are not proposed. FINDING: Based on the analysis above, the Access, Egress and Circulation standards are met. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 46 OF 48 18.930 VISUAL CLEARANCE AREAS 18.930.040 Computations A. Arterial streets. The vision clearance area is not less than 35 feet on each side of the intersection. Not applicable. The site does not have access on an arterial street. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width.At all intersections of 2 non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least 1 of the streets or driveways is 24 feet or more in width, the vision clearance area is a triangle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points that are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.930.1: River Terrace Boulevard will have 24 or more feet of width. The vision clearance areas for the site driveways will be measured and maintained in accordance with this standard. FINDING: Based on the analysis above,the Visual Clearance standards are met. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS SECTION VII.OTHER STAFF COMMENTS No objections or comments were received from any other City Department. SECTION VIII.AGENCY COMMENTS Washington County (Naomi Vogel, 503-846-7623) has reviewed the proposal and has no additional comments. Clean Water Services has reviewed the proposal and issued a Service Provider Letter (CWS File No. 19-001694) dated October 14,2019,which describes on and off-site sensitive areas, encroachment into the vegetated corridor and mitigation requirements. A condition of approval will ensure the conditions of the service provider letter are met. Clean Water Services also submitted a stormwater connection permit review letter dated December 18, 2019 with conditions of approval. The letter notes that the site must complete the annexation process for inclusion into the CWS jurisdictional boundary in order for public sanitary or storm sewer services to be provided.A condition approval of this staff report will ensure annexation occurs. Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and submitted a comment letter dated December 5, 2019 with conditions of approval with respect to access,water supply,hydrant placement,and building access.A condition of approval of this staff report will implement the conditions of TVF&Rs letter. CUP2019-00001-ART RUTKIN ELEMENTARY SCHOOL PAGE 47 OF 48 Attachments: 1. Zoning Map 2. Site Plan 3. Clean Water Services Memorandum dated December 18,2019 4.TVFR Letter dated December 5,2019 OA"v•- December 30.2019 PREPARED BY:Monica Bilodeau DATE Associate Planner December 30.2019 APPROVED B :Tom McGuire DATE Assistant Community Development Director CUP2019-00001-ART RUTKIN RI,PMENTARY SCHOOL PAGE 48 OF 48 a) 7,2 Q o acs d CO 0) CO ao°- 33> N 0 m U 0 H 00 a, a) C a a o = CC Mo ow To C E o U o w u,i vo E. a — v v E v mvvvCoa) a, N wE"_do E -o b0 v. u oCxExmX E J v7:;..'''''' m rnz U F aNU 01 CO 0 P2 NUo cu 2 n M CD O kJ 2u 4OOKiet.rt i1 _.. _.... 5 9i \y tp 3S f acrr(nr :CG 1 Sx F. iii4-. 1 1iuZ94 13 t t I C 1 1 I tial a H j TN A 044All S c ' 1 ig of g g44aA t:„.- b • I VId s111 y n F i3 g 1r,, 1 y w 9• 1 . a a a.aa .eo.urrrore sF 1 j` . v'43V7 ,4ai', I 54j ilaillik Ei s i 4Oe 0.- P "% p Y e OA,ASA o ni... $T v1 Aer 7• 7 to Aa 0. e1.4 A} 00 Qmm. 4iYsr F! K w o a ,,,aime4nr cemos r" s he :$ D S '1,1./ F:P9LUl8YmmmmR. c O e Ji t ,,„ Immo\[............. Y Ji6Y, ,„,.. 4e• 4QvIttsr4 ty't if9:"er.yr 9L6lr mSO416d1t cAsra..,.CGVs Y:..o 00.t•. - y 4'pRVp —. Y&m01101,00m0--' d 1bIllintiltLin?'Ye o W, •s n a aAGAmA e/— o M![0 TC49L@:. • • sao.1,.... a9g _ armn Ym ad:rle' 4ho..'. 6'00 • s4 dr iii-- 29i fq P C' V447 O figi ._ r____1_, 6 3 4 III "Alit".1 1 P / 0 .''' 21 Lii3 l i.47../^ Fu nliOo91 m1 5; t°- 1• 1 teat Ag • g s ' 1 mte,io67SQ1s 8 Y 4•sf:r ; O 1 P aa1 .6 p Kn'91; I; -.,• 06rimBlon Y 7• I 8@i-kmhmfiVAlm! m i i rc t; 1 Ag {. 0 il0 laca I \\ 4 ID, alini 2 \i` \ ' 1z2s;. i!' ''',- 1 toG o—.. RP + iIsg04Iiwm4J 1z i1 Llail‘ (.\st\l.. ::.7.244' . i r. i o i 0 I / 7 NZ ci / i..2 • - , — -77 4,2 cli i f1 ' it 5 ! il"1 1 p Ul l 411 1 1 Or', 't \ g lik -•,, ri-- LI j 1 E 1 I N I w 1 A cn q ART RUTKIN ELEMENTARY S T— 1 [ CO 01 M Z m SCHOOL o 2 8 Pi i, gay; a•. t m p w TIGARD TUALATIN SCHOOL DISTRICT C.,, co co E o gy' „ 1 z o m Iz o00 ,K Ag$i no 0 z z r co rr aa® CleanWater Services MEMORANDUM Date: December 18, 2019 To: Monica Bilodeau, Associate Planner, City of Tigard From: Jackie Sue Humphreys, Clean Water Services (CWS) Subject: Art Rutkin Elementary School, CUP2019-00001,2S108CC00100 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE A Clean Water Services (CWS) Stormwater Connection Permit Authorization must be obtained. Application for CWS Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 19-5, as amended by R&O 19-22, or prior standards as meeting the implementation policy of R&O 18-28, and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04. b. Detailed grading and erosion control plan and Erosion Control Permit will be required. The area of disturbance must be clearly identified on submitted construction plans. If the area of disturbance, including and any offsite improvements, is between one and five acres the project will require a 1200-CN Erosion Control Permit. If the area of disturbance, including and any offsite improvements, is five-acres or more,the project will require a 1200-C Erosion Control Permit. c. Detailed plans showing the conveyance design for storm and sanitary sewer.Development plans must include provisions for direct access by gravity to the public storm and sanitary sewer conveyance systems, and allow adjacent uphill and/or upstream parcels within the same drainage basin or sewershed to be served by the public conveyance systems. d. Detailed plans showing a stormwater management approach designed in accordance with applicable Design and Construction Standards. Development plans must address the requirements for water quality, water quantity for conveyance capacity,hydromodification, and Low Impact Development Approaches. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org e. If use of an existing offsite or regional stormwater management approach is proposed, plans must clearly identify location, condition,capacity to manage the site, and anyadditionalimprovementsand/or upgrades necessary to utilize the facility. f. If a private onsite stormwater management approach is proposed, a private maintenance agreement is required, and must be provided to the City for review and acceptance. g. Development plans must show all existing and proposed easements. Storm and sanitary sewer conveyance and stormwater management related easements must be granted to theCity. h. Applicant shall comply with the conditions as set forth in the Service Provider Letter No.19-001694, dated October 14,2019. i. A water quality preservation easement over the Sensitive Area and Vegetated CorridormustbegrantedtoCWS. j. Detailed plans showing the delineated Sensitive Area and Vegetated Corridor, along withthelandscapeenhancementplanfortheVegetatedCorridor. k. If there is any activity within the Sensitive Area,the applicant shall gain authorization for the project from the Oregon Department of State Lands (DSL) and US Army Corps ofEngineers(USACE). The applicant shall provide CWS or its designee(appropriate city)with copies of all DSL and USACE project authorization permits. 1. Any modification to the proposed construction activities will require an update or amendment to the current Service Provider Letter. CONCLUSION This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliancetotheNPDESpermitheldbyCWS. CWS,prior to issuance of any connection permits,mustapprovefinalconstructionplansanddrainagecalculations. l l I) www.tvfr.com Tualatin Valley Fire & Rescue December 5, 2019 Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, Oregon 97223 Re: Art Rutkin Elementary School CUP2019-00001 Tax Lot I.D: WCTM 2S108CC00 TAX LOT 100 Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received November 21, 2019. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. AERIAL FIRE APPARATUS ROADS: Buildings with a vertical distance between the grade plane and the highest roof surface that exceeds 30 feet in height shall be provided with a fire apparatus access road constructed for use by aerial apparatus with an unobstructed driving surface width of not less than 26 feet. For the purposes of this section, the highest roof surface shall be determined by measurement to the eave of a pitched roof, the intersection of the roof to the exterior wall, or the top of the parapet walls, whichever is greater. Any portion of the building may be used for this measurement, provided that it is accessible to firefighters and is capable of supporting ground ladder placement. (OFC D105.1, D105.2) 26 feet of access is not provided. Building height is limited to 30' based on access widths provided. Building elevations were not provided for review. 2. AERIAL APPARATUS OPERATIONS: At least one of the required aerial access routes shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building.The side of the building on which the aerial access road is positioned shall be approved by the Fire Marshal. Overhead utility and power lines shall not be located over the aerial access road or between the aerial access road and the building. (D105.3, D105.4) Building height is limited to 30' based on access widths provided. Building elevations were not provided for review. 3. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1 & D103.1) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided. 4. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING-FIRE LANE"and shall be installed with a clear space above Command&Business Operations Center South Operating Center Training Center and North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 SW 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-259-1500 503-259-1600 grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 5. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width—no parking on either side of roadway 2. 26-32 feet road width —parking is allowed on one side 3. Greater than 32 feet road width—parking is not restricted Note: For specific widths and parking allowances, contact the local municipality. 6. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red (or as approved) and marked "NO PARKING FIRE LANE" at 25 foot intervals. Lettering shall have a stroke of not less than one inch wide by six inches high. Lettering shall be white on red background (or as approved). (OFC 503.3) 7. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet and shall extend 20 feet before and after the point of the hydrant. OFC D103.1) 8. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). Documentation from a registered engineer that the final construction is in accordance with approved plans or the requirements of the Fire Code may be requested. (OFC 503.2.3) 9. GATES: Gates securing fire apparatus roads shall comply with all of the following (OFC D103.5, and 503.6): 1. Minimum unobstructed width shall be not less than 20 feet (or the required roadway surface width). 2. Gates shall be set back at minimum of 30 feet from the intersecting roadway or as approved. 3. Electric gates shall be equipped with a means for operation by fire department personnel 4. Electric automatic gates shall comply with ASTM F 2200 and UL 325. 10. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) 11. TRAFFIC CALMING DEVICES: Shall be prohibited on fire access routes unless approved by the Fire Marshal. (OFC 503.4.1). Traffic calming measures linked here: http://www.tvfr.com/DocumentCenter/View/1578 FIREFIGHTING WATER SUPPLIES: 12. COMMERCIAL BUILDINGS — REQUIRED FIRE FLOW: The minimum fire flow and flow duration shall be determined in accordance with OFC Table B105.2. The required fire flow for a building shall not exceed the available GPM in the water delivery system at 20 psi residual. (OFC B105.3) Note: OFC B106, Limiting Fire-Flow is also enforced, except for the following: The maximum needed fire flow shall be 3,000 GPM, measured at 20 psi residual pressure. Tualatin Valley Fire & Rescue does not adopt Occupancy Hazards Modifiers in section B105.4-B105.4.1 13. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no Commercial/Multi-Family 3.5—Page 2 adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 14. WATER SUPPLY DURING CONSTRUCTION: Approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 15. PRIVATE FIRE HYDRANT IDENTIFICATION: Private fire hydrants shall be painted red in color. (OFC 507) 16. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of blue reflective markers. They shall be located adjacent and to the side of the center line of the access roadway that the fire hydrant is located on. In the case that there is no center line, then assume a center line and place the reflectors accordingly. OFC 507) 17. PHYSICAL PROTECTION: Where fire hydrants are subject to impact by a motor vehicle, guard posts, bollards or other approved means of protection shall be provided. (OFC 507.5.6 & OFC 312) 18. CLEAR SPACE AROUND FIRE HYDRANTS: A 3 foot clear space shall be provided around the circumference of fire hydrants. (OFC 507.5.5) BUILDING ACCESS AND FIRE SERVICE FEATURES 19. EMERGENCY RESPONDER RADIO COVERAGE: In new buildings where the design reduces the level of radio coverage for public safety communications systems below minimum performance levels, a distributed antenna system, signal booster, or other method approved by TVF&R and Washington County Consolidated Communications Agency shall be provided. (OFC 510, Appendix F, and OSSC 915) http://www.tvfr.com/DocumentCenter/View/1296. Emergency responder radio system testing and/or system installation is required for this building. Please contact me (using my contact info below)for further information including an alternate means of compliance that is available. If the alternate method is preferred, it must be requested from TVF&R prior to issuance of building permit. Testing shall take place after the installation of all roofing systems; exterior walls, glazing and siding/cladding; and all permanent interior walls, partitions, ceilings, and glazing. 20. KNOX BOX: A Knox Box for building access may be required for structures and gates. See Appendix B for further information and detail on required installations. Order via www.tvfr.com or contact TVF&R for assistance and instructions regarding installation and placement. (OFC 506.1) 21. FIRE PROTECTION EQUIPMENT IDENTIFICATION: Rooms containing controls to fire suppression and detection equipment shall be identified as "Fire Control Room." Signage shall have letters with a minimum of 4 inches high with a minimum stroke width of 1/2 inch, and be plainly legible, and contrast with its background. (OFC 509.1) 22. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) If you have questions or need further clarification, please feel free to contact me at 503-259-1504. Commercial/Multi-Family 3.5—Page 3 Sincerely, 190/141,fi John Wolff Deputy Fire Marshal II john.wolff@tvfr.com Cc: A full copy of the New Construction Fire Code Applications Guide for Commercial and Multi-Family Development is available at http://www.tvfr.com/DocumentCenterNiew/1296 Commercial/Multi-Family 3.5—Page 4 I 0 1 N LP4P4 0O LQa P4 4t0 a Wo P4 `9 4t1 p..1 0 1 i W Mw 8 C. = W N O 1.4e H O q W G1 N-i w w 0CI rT1z © I© r:4© 4 0 g up U rT1J FP-i r_., M w N U Pm1 i&-- P.i N Q 4t # 4. md 4N e,L) U I C C cu Ef„m5 o > O 0 O a; N c > C c 0._ v w O N O E U 4 Q cf) to C5 C -0 N N EA ' ' ' as..+ mo N C H E •- O '> CI c N a v CUO 0 5 U co ou -Q L. U ca s 0 a_ c to s N H U O '- v O ca im I) aCL. V o l a C L_ O co a) Q E LL. 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Public Hearing:No Publication Date: Information ISSUE Receive a presentation from TriMet's Southwest Corridor (SWC) Light Rail team on the SWC Draft Conceptual Design Report (CDR). STAFF RECOMMENDATION / ACTION REQUEST Staff requests that Council provide feedback on the draft CDR to ensure the final CDR includes Tigard's community priorities. Pursuant to the Tigard/TriMet MOU, TriMet will present the final CDR for Council acceptance, which is expected in June 2020. KEY FACTS AND INFORMATION SUMMARY The Southwest Corridor (SWC) Light Rail Project will bring high-capacity transit to one of the most congested travel corridors in our region. The new light rail line will create a 30-minute travel time between Downtown Portland and Tualatin, connecting regional centers including West Portland Town Center, Tigard Town Center (Tigard Triangle and Downtown Tigard) and Bridgeport Village. The draft CDR shows how the project has developed to date and is currently undergoing public review. It includes information about process, corridor context, general design elements and design concepts for Inner Portland, Outer Portland, as well as the Tigard and Tualatin segments of the alignment. The Tigard segment will be the focus of this presentation Staffs concerns with the draft CDR principally relate to pedestrian access to stations and the quality of the experience that makes transit desirable and improves the community. Staffs concerns focus on the Tigard Town Center station areas at 68th Parkway, Elmhurst Street and Hall Blvd; and three focus areas, including the future 70th Ave, Hwy 217 multi-use path and the five elevated structures. Staff recommends the final CDR support the City's Strategic Plan by facilitating walking connections and ensuring development implements this vision. 68th Parkway Station (on Pacific Highway) The station's location adjacent to Pacific Hwy is a significant challenge for cyclists and pedestrians crossing from the north. The elevated structure that will span 68th and the future Red Rock Creek Trail will dominate the pedestrian network. The Light Rail Transit (LRT) infrastructure and the spaces created for connections from bus to MAX and along fronting streets must be scaled for a safe, comfortable and desirable pedestrian experience. The CDR needs to show the essential features of a pedestrian friendly station area such as a protected bike lane and mid-block crosssing between 64th and 68th, designed to promote walkability and accessability for all. 70th Ave Public Realm For four blocks in the heart of the urbanizing Triangle, the LRT trackway will be within the 70th Avenue right of way. To ensure the trackway is designed to add value to the public realm and does not become a barrier, the CDR needs to more fully address the quality of the pedestrian experience along 70th. This will be a primary station access route within the neighborhood. Elmhurst Station The station area is central to the Triangle. A network of local streets and connections (west over Hwy 217 to downtown and south along 70th to the Tigard/Lake Oswego regional trail) are planned. The station area design should optimize this connectivity and provide first/last mile mobility options for access to Triangle jobs, education and residents. The CDR needs to show a four-way intersection at Elmhurst/70th and integration of the multi-use path from downtown over 72nd through the station area to 70th. Hwy 217 Bridge with Integrated MUP Integration of a multi-use path (MUP) with the LRT structure over Hwy 217 is critical to provide connectivity between the Downtown and Triangle districts of the Tigard Town Center. TriMet has determined that funding for this betterment must be secured by December for inclusion in the 60% design drawings. A concept-level design will be required to support the funding request. The CDR needs to show a concept level design of an integrated MUP to support its commitment to design and jointly seek funding under the Tigard/TriMet MOU. Downtown Station Optimization for TOD The Hall Blvd station area is complicated by the adjacency of the proposed Operations and Maintenance facility, the redesign of Hall Blvd and the desire for suitable transit-oriented development (TOD) sites. The City and TriMet are negotiating a City-led TOD program to maximize TOD potential. To acknowledge this effort,the CDR needs to broadly represent the Hall Blvd station area as a TOD area work in progress. Elevated Structures There are five significant elevated trackway structures proposed within Tigard: over 68th Parkway; Red Rock Creek; Dartmouth; Hwy 217; and Bonita. These structures will be the most visually impactful elements of the LRT alignment for most people moving through and around Tigard, experienced at both the landscape and pedestrian scale. Although the CDR does include three elevations and notes that design mitigations for visual impacts will be considered, the detail of how this will be accomplished needs better representation in the CDR. The CDR needs to better represent elevated structures in Tigard and identify specific contextual elements to be considered in their design development. OTHER ALTERNATIVES N/A COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS November 2018 Tigard/TriMet MOU Strategic Plan DATES OF PREVIOUS COUNCIL CONSIDERATION 1/21/20:Receive Update on Memorandum of Understanding for SW Corridor Project 10/15/19: Consider Resolution on Tigard Southwest Corridor Affordable Housing Predevelopmeht Project Workplan 10/08/19: Discussion on Possible Southwest Corridor Alignment Changes 1/13/18: Memorandum of Understanding Regarding Construction of the Southwest Corridor Light Rail Project in Tigard City Limits 10/30/18: Compliance of the proposed SWC MAX Light Rail Project with state-mandated land use criteria as applicable in the City of Tigard 03/20/18: Comprehensive Update on SWC Light Rail Planning 02/14/17:Discuss SW Corridor Land Use Final Order 06/28/16:Consideration of a Resolution Approving Ballot Title language for a November SW Corridor Ballot Measure 09/01/15:5W Corridor/Downtown Zoom-In 07/21/15:Presentation on SW Corridor Planning Progress 02/10/15:Metro IGA for Planning and Public Involvement Work - SW Corridor Plan 02/18/14:SW Corridor Plan Public Input Update 10/08/13:Resolution Endorsing the SW Corridor Plan and Shared Investment Strategy 06/25/13:Recommendation of the SW Corridor Plan Steering Committee 05/21/13:SW Corridor Plan Update 02/19/13: SW Corridor Plan Update 11/20/12:SW Corridor Plan Update 12/13/11:Briefing on SW Corridor Plan Public Involvement and Messaging 07/19/11:Update on the Tigard High Capacity Transit Land Use Plan Attachments Staff CDR Presentation TriMet CDR Presentation 1 k_ ir, - -. 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Workshop Meeting Meeting Date: 04/21/2020 Length (in minutes): 20 Minutes Agenda Title:Consider A Resolution Authorizing an Operating Agreement with Washington County for Community Development Block Grant (CDBG)Joint Entitlement Prepared For:Schuyler Warren Submitted By: Schuyler Warren, Community Development Item Type: Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Shall Council authorize the City Manager to execute an operating agreement with the Washington County Department of Community Development moving Tigard into joint entitlement status with Washington County for Community Development Block Grant CDBG) funds? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the resolution to authorize execution of an operating agreement between the City of Tigard and Washington County setting out the terms for joint entitlement, should the City make a final approval to that effect prior to June 30, 2020. Staff recommend the terms of the operating agreement include the following: The allocation for city and county are announced separately. Funds are thereafter combined in one US Treasury account. The county will be responsible to HUD for all administrative work and programmatic compliance. The county will remain the sole point of contact for HUD. The City's allocation will be distributed according to a set formula: o 20% to county for administrative support o 15% to county to support public services o 15% to county to be awarded competitively o 50% to Tigard to be used for qualifying projects The City will not be eligible to compete in the annual grant cycle and instead spends its allocation non-competitively. The City will have the opportunity to use allocation for more than infrastructure and facility projects — could be used in tandem with funds from a construction excise tax to support affordable housing programs. The City can carry over up to 50% of its allocation to the next year, allowing for flexibility in project scope and costs from year to year. The City will continue to participate in the PAB decision making, including grant awards. Staffing impact: Medium Budget impact: Low to Medium, depending on project KEY FACTS AND INFORMATION SUMMARY Background Tigard currently participates in the Washington County Community Development Block Grant (CDBG) Consortium. This consortium is made up of the urbanized areas of the county as well as the cities of Tigard, Forest Grove, Cornelius, Durham, and King City. The Community Development Block Grant Program was created in 1979. Under the provisions in place at that time, no cities in Washington County qualified on their own to receive funds (entitlement) through the program. The jurisdictions created a Policy Advisory Board (PAB) to "provide the cities of Washington County, as well as the county, the opportunity to actively participate in an advisory role to the Washington County Board of Commissioners in the planning, implementation, evaluation, and policy formation of the CDBG Program of Washington County." The city currently participates on the PAB, making recommendations on policy and competitive grant awards. Councilor Newton is the city's representative on that board. As population in Washington County grew, cities began to meet the thresholds required for individual entitlement. Once those thresholds are met, each city must elect to receive their entitlement individually or to continue to participate in the consortium. The opportunity to make this election occurs once every three years as part of a process called the Urban County Qualification. In 1994, Beaverton elected to become a standalone entitlement recipient. In 2000, Hillsboro elected to become an entitlement city, but remain in the consortium, an arrangement known as joint entitlement. In 2018, Hillsboro became a fully independent entitlement recipient. The City of Tigard first crossed the population threshold to qualify for entitlement with the 2015 round of Urban County Qualification. At that time, the city opted to remain as part of the consortium under the status quo and Council directed staff to examine the city's options moving forward. Based on a recommendation from staff, the city again opted to remain in the consortium during the 2018 Urban County Qualification. The city will be notified again in April of 2020 of its CDBG entitlement eligibility. The city must take action within a few months of this notification to elect to become an entitlement city or remain in the consortium. Tigard is currently under the county's CDBG consortium through June 30, 2021. The next 3-year cycle begins on July 1, 2021. Staff recommend that when notification is received during the current requalification process, the city elect joint entitlement with the Washington County Consortium. This recommendation is based on the strategies presented in the city's Affordable Housing Plan and consultation with county staff. Process and Timeline In order to become a joint entitlement community, the city and county are required to sign two agreements. The first is a HUD-standard intergovernmental agreement based on a HUD template. There is not much room for negotiation of this document as it must fulfill HUD requirements. The second document is the Operating Agreement under consideration that lays out the specific terms under which the county and the city will work together to implement the joint program, which is summarized in the information below. The timeline for this process is based on HUD's own timeline, and will be roughly as follows: Date Task November January County/city staff review Operating Agreement and IGA anuary 2020 City Manager and staff pre-approval of Operating Agreement April/May 2020 HUD CPD Notice on Urban Requalification Published, Letters out to qualifying cities Early June 2020 Council makes formal action on HUD notice By June 30, 2020 O s erating A•reement and IGA signed Award Amounts The Department of Housing and Urban Development uses one of two formulae to determine award amounts under the CDBG program. Formula A is based on the local jurisdictions share of three factors in relation to all metropolitan areas: 1. population, weighted at 25 percent; 2. people in poverty, weighted at 50 percent; and 3. overcrowded units, weighted at 25 percent Formula B is based on the local jurisdictions share of three factors in relation to all metropolitan areas: 1. population growth lag since 1960, weighted at 20 percent; 2. people in poverty, weighted at 30 percent; and 3. pre-1940 housing units, weighted at 50 percent During each allocation period, HUD uses the formula which results in the largest potential award for each jurisdiction. This results in an amount for the program that exceeds the Congressional budget line item, and so the awards are recalculated using a pro rata reduction. Washington County and the HUD office do not calculate the relative contribution of each of the cities within the consortium with each funding cycle. However, during the Urban-County Qualification period, these amounts are calculated. They are included in Attachment A of this memo. Tigard's hypothetical award amount during the previous qualification period (2014) would have been $226,080. During the most recent calculation (2017), the award amount would have been $331,446. Allocations With joint entitlement, all administrative activities remain with Washington County. In addition, certain program activities continue in the same manner as if the city remained fully in the consortium. This results in a distribution of the city's allocation to various programs and reduces the total amount available to the city from the full HUD award amount. The county's proposed formula for this distribution and an example breakdown of amounts based on the 2017 allocation is below. Use Percent Amount Administration 20% 66,289 Public Services 15% 49,717 Remain with Program 15% 49,717 City Priority 50% 165,723 Total Award 331,446 Eligible City Priority Programs Joint entitlement offers the city far more flexibility in implementing programs provided that the county has the capacity to administer the reporting and that the program is actually eligible under HUD guidelines. Rather than the typical infrastructure projects the city competes for against other funding priorities in the grant process, Tigard can use the funds for more housing-related initiatives that are the core intent behind the CDBG program. The city can also use funding for infrastructure projects as well as opportunities and capacity arise. A basic menu of the types of programs that the county could and would support Tigard implementing with its allocation include: Down payment assistance through community land trusts, Land purchases or purchase assistance for affordable housing, Rehabilitation of properties serving low-income households, and Infrastructure projects, including ADA retrofits in qualified neighborhoods. The County has agreed in principal that down payment assistance programs as described in the 2019 Affordable Housing Plan would be eligible for CDBG funding. Both Beaverton and Hillsboro currently allocate a portion of their CDBG entitlement to similar programs. Although the County has not funded down payment assistance with CDBG in the past, they agree that there is sufficient precedent in the other cities' current programs and that their staff could rely on the experience of those cities' staff in administering the funds in a manner that meets HUD requirements. The down payment assistance program in turn allows the city to augment any funds allocated to that purpose from proceeds from the construction excise tax. Expenditures of Funds If the city chooses joint entitlement, we will be required to spend our allocation annually, although the Operating Agreement allows a rollover of up to 50% of the City Priority amount from year-to-year within the three-year CDBG cycle. CARES Act The CARES Act of 2020 included $5 billion in supplemental funding for the Community Development Block Grant program. Of this amount, $2 billion will be distributed according to the 2020 allocation formulas within 30 days. Tigard was not an entitlement city during the 2020 allocation, and so will not receive any direct funding from the CARES Act, although the City may compete for project funding as in past years.Joint entitlement will provide the opportunity for direct allocation from similar measures in the future. OTHER ALTERNATIVES 1. Become a full entitlement grantee and leave the consortium. City receives a full award from the federal government. City manages program independently from the county. City does not sign an IGA with county. City is directly responsible to HUD for programmatic compliance. The city must work directly with the HUD regional office. City does not participate in the PAB. Staffing impact: High Budget impact: High 2. Remain in the consortium under the current arrangement. City does not receive an entitlement. City signs IGA with county to remain in consortium. The county is responsible to HUD for all administrative work and compliance. The county remains the sole point of contact for HUD. City must compete for grant funds to fund CDBG-eligible projects. City participates in the PAB decision making, including grant awards. Staffing impact: Medium Budget impact: Medium COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS Affordable Housing Plan (2019) DATES OF PREVIOUS CONSIDERATION June 18, 2019 - Adoption of the Affordable Housing Plan Attachments Resolution IGA - DRAFT CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN IN I ERGOVERNMENTAL AGREEMENT WITH THE WASHINGTON COUNTY OFFICE OF COMMUNITY DEVELOPMENT SETTING OUT THE OPERATING TERMS FOR JOINT ENTITLEMENT IN THE COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS,The City of Tigard expects to be notified soon of its eligibility for entitlement in the Community Development Block(CDBG) grant program during the Urban County Regnalification Period;and WHEREAS, The City of Tigard has been a member of the Washington County CDBG consortium since its inception;and WHEREAS,Full entitlement in the Federal CDBG program requires significant administrative overhead;and WHEREAS,Washington County has demonstrated the capacity to administer funds efficiently and effectively; and WHEREAS, The City Council desires to utilize a portion of its entitlement amount more flexibly and consistently through a non-competitive process, in accordance with the recommendations of its adopted Affordable Housing Plan;and WHEREAS, Staff from the City of Tigard and the Washington County Office of Community Development have completed an Operating Agreement that sets out the terms of the City's continued participation in the consortium and on the Policy Advisory Board;the City's allocation and means of annual disbursement;and the administration of the program. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Manager is authorized to sign the Operating Agreement, attached to this resolution in substantially the form as Exhibit A. SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2020. Mayor-City of Tigard A'TEST: Deputy City Recorder-City of Tigard RESOLUTION NO.20- CDBG INTERGOVERNMENTAL OPERATING AGREEMENT This agreement is entered into, by and between Washington County, a political subdivision of the State of Oregon ("County"), and the City of Tigard, a municipal corporation of the State of Oregon Tigard"). WHEREAS ORS 190.010 authorizes the parties to enter into this Agreement for the performance of any or all functions and activities that the parties have authority to perform; and WHEREAS, Washington County is designated as an Urban County under the provisions of the Housing and Community Development Act of 1974, as amended, the ("Act"), entitling the County to receive Community Development Block Grant ("CDBG") funds; and WHEREAS, the City of Tigard is designated as a Metropolitan City, as defined in the Housing and Community Development Act of 1974; and WHEREAS, the parties entered into a Joint Community Development Block Grant Program Agreement ("Joint Agreement"), effective July 1, 2021; and WHEREAS, the Joint Agreement specifies that the parties will combine their entitlements for purposes of the CDBG Program ("Program"); and WHEREAS, the Joint Agreement under Section II, paragraph 7, specifies that the parties will enter into an agreement to define operational policies. Now, therefore, the parties agree as follows: 1) The effective date is: July 1, 2021. The expiration date is: June 30, 2024; unless otherwise amended. 2) The parties agree to the Program operation terms and conditions set forth in Attachment A, which is incorporated herein, and describes the responsibilities of the parties. 3) Each party shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry,national origin, religion, sex, marital status, age, or disability. 4) To the extent applicable, the provisions of ORS 279B.220 to 279B.240 and 279C.500 to 279C.875 are incorporated by this reference as though fully set forth. PAGE 1 of 6 • CDBG PROGRAM OPERATIONAL AGREEMENT 5) Each party is an independent contractor with regard to each other party(s) and agrees that, except as provided in Attachment A, neither party has control over the other party's work and the manner in which it is performed. No party is an agent or employee of the other. 6) No party or its employees is entitled to participate in any pension plan, insurance, bonus, or similar benefits provided by the other party. 7) This Agreement shall remain in full force and effect concurrent with the terms of the Joint Agreement. 8) Modifications to this Agreement are valid only if made in writing and signed by all parties. 9) Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claim, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. 10) Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 11) Each party agrees to comply to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.260 to ORS 30.300. 12) Each party agrees to comply with all local, state and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. 13) This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefore. 14) This writing is intended both as the final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of terms of the Agreement. PAGE 2 of 6-CDBG PROGRAM OPERATIONAL WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by duly authorized signatures below. CITY OF TIGARD: Title Date WASHINGTON COUNTY: Title Date PAGE 3 of 6-CDBG PROGRAM OPERATIONAL Attachment A Program Operation and Responsibilities WHEREAS, approximately each February during the term of this agreement, HUD will notify County of the amount of the County's CDBG grant and the amount of Tigard's grant; and WHEREAS, Tigard understands that this will be the only time these two sums are separately identified; and WHEREAS, Tigard understands that the total of the two grant amounts will be credited in one lump sum to the County's US Treasury account in the County's name. The parties agree to the following procedures: 1. County will notify Tigard of Tigard's portion of the CDBG grant promptly after notification by HUD. 2. Tigard's portion of the grant shall be apportioned as follows: a. 20% shall be retained by County and used for Administration. b. 15% shall be retained by County and used for Public Service Projects. c. 15% shall be retained by County to support other CDBG-funded Project Categories as described in the Consolidated Plan. d. 50%shall be retained by the County for Projects designated by Tigard as described in the Washington County Consolidated Plan. 3. In consideration of the funds retained by County, County shall perform the following: a. Administration(20%). County shall provide all administration for Tigard's portion retained by the County and for the 50% discretionary portion of the CDBG grant, for Projects designated by Tigard. Administration shall include the following types of activities: i) Consult with Tigard to ensure that projects selected by Tigard comply with HUD Regulations; ii) Conduct environmental reviews; iii) Conduct desk and on-site monitoring; iv) Insure all projects are procurement and labor-compliant with HUD Regulations; v) Approve and perform all drawdowns from the US Treasury and disburse payment as needed; vi) Prepare quarterly and yearly reports and plans as required by HUD, and vii) Undertake Consolidated and Fair Housing planning process (including development of plans) as required by HUD. Any unused Administration funds shall be considered reprogrammable income and will stay PAGE.5 of 6-CDBG PROGRAM OPERATIONAL with the County. The amount of these funds shall be known by September 30`h at the completion of the annual performance report. b. Public Service Projects (15%). This amount will be included with 15% of County's entitlement to provide countywide public services. c. Countywide CDBG-funded Project Categories described in the Washington County Consolidated Plan (15%). These funds will be retained by County for all other funding categories established in the Consolidated Plan. Housing Rehabilitation projects will be performed through County's Office of Community Development on a first come-first served basis. d. City of Tigard Designated Project(s) (50%). The 50%retained by County for projects designated by Tigard shall be used at Tigard's discretion. Tigard agrees and understands that no portion of these funds may be utilized for Administration activities or for Public Service projects, as defined by HUD. 4. Tigard agrees to submit its designated project proposal(s) to County no later than January 10th of any given year before the startup date of July l st of the following year. These project proposals are to be funded out of Tigard's discretionary 50% and shall not be subject to PAB approval. 5. Tigard agrees to request reimbursement from County using the County's grants management system. 6. All Tigard CDBG project documentation shall be forwarded to the County using the County's grants management system to be processed in accordance with the County CDBG Program and Policies. 7. Tigard understands that the amount of CDBG funds on account at the US Treasury is monitored by HUD and that, at any given time, County may not have more than 1.5 times its most recent grant in the Treasury account. No more than 50% of Tigard's portion of its annual allocation may be carried over to the following funding year and may only be carried over during the three-year joint agreement. 8. Tigard shall retain its primary and alternate seat on the Policy Advisory Board (PAB). Tigard shall have one vote and be included in all PAB meetings and decisions and agrees to abide by the PAB policies and procedures. 9. In the event of any inconsistency between the provisions of this Agreement and any applicable HUD regulations or the provisions of the CDBG Joint Agreement between Washington County and the City of Tigard,the HUD regulations and or the terms and conditions of the Joint Agreement, as applicable, shall control. PAGE.5 of 6-CDBG PROGRAM OPERATIONAL 10. Dispute Resolution Process a. The parties shall use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this Agreement. When a dispute arises between County and Tigard, the Program Managers will attempt to resolve the dispute and will continue without delay to carry out all their respective responsibilities under this Agreement. b. When a dispute arises between County and Tigard that cannot be resolved in the normal course of business, either party may request that the dispute be escalated for resolution to the Administrative Officer (or designee) for each party, whose task it will be to meet for the purpose of endeavoring to resolve the dispute. The designated officers shall meet as often as the parties reasonably deem necessary in order to gather and furnish to the other all information regarding the matter. The officers shall discuss the problem and/or negotiate the applicable section or provision without the necessity of any formal proceedings. During the course of such negotiation, all reasonable requests made by one party to the other for information will be honored in order that each of the parties may be fully advised of the nature of the dispute. The specific format for such discussions shall be left the discretion of the designated officers. c. If the designated officers are unable to resolve the dispute within thirty (30) business days, or any mutually agreeable extension thereof,they shall attempt, with a professional mediator, to reach a mediated resolution of the conflict. If such mediation is unsuccessful within thirty (30) days of the commencement of mediation, then either party may pursue its available legal and equitable remedies. d. The parties shall equally split the fees of any mediator. The parties agree that the dispute resolution process described above in this section shall precede any action in a judicial or quasi-judicial tribunal. 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Workshop Meeting Meeting Date: 04/21/2020 Length (in minutes): 5 Minutes Agenda Title: Consideration of a Resolution Extending the Emergency Declaration Related to COVID-19 Prepared For: Shelby Rihala, City Management Submitted By: Caroline Patton, Central Services Item Type:Motion Requested Meeting Type: Council Resolution Business Meeting - Main Public Hearing:No Publication Date: Information ISSUE Shall Council adopt a resolution extending the COVID-19 emergency in the City of Tigard? STAFF RECOMMENDATION / ACTION REQUEST Staff recommends adoption of the resolution to extend the COVID-19 emergency in the City of Tigard. KEY FACTS AND INFORMATION SUMMARY On March 16, 2020, the Mayor declared a state of emergency in the City of Tigard related to the COVID-19 pandemic. Tigard City Council ratified that declaration the following night at its March 17, 2020 meeting. The declaration was made pursuant to Tigard Municipal Code TMC) 7.74 as well as state law. The City's original declaration was set to expire at 12 p.m. on April 30, 2020. TMC 7.74.070.E says that the City's declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence. Though there continues to be a great deal of uncertainty regarding COVID-19, it does not appear the State of Oregon or City of Tigard will be able to resume normal operations by the end of April and to do so would not be prudent in light of risks to public health and safety. In order to continue its emergency response, staff recommend the City extend its emergency declaration to 12 p.m. on May 31, 2020. OTHER ALTERNATIVES Council could decide to not extend the duration of the emergency or could determine a different date. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION March 17, 2020 - Council adopted Resolution 20-14 ratifying the Mayor's emergency declaration. Attachments Resolution CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 20- A RESOLUTION OF THE CITY OF TIGARD EX LENDING THE CITY'S EMERGENCY RELATED TO COVID-19 WHEREAS,Tigard Municipal Code (TMC) Chapter 7.74,the City's Emergency Management Code,as well as ORS 401.305, authorize the City to establish an emergency management agency, including the authority to establish policies and protocols for defining and directing responsibilities during a time of emergency;and WHEREAS,pursuant to TMC 7.74.040,a local emergency exists whenever the City or an area impacting part of the City is suffering, or in imminent danger of suffering, an incident that may cause injury or death to persons,induding a disease or pandemic;and WHEREAS, TMC 7.74 and ORS 401.309 authorize certain actions to be taken during a state of emergency when necessary for public safety or for the efficient conduct of activities to minimize or mitigate the effects of the emergency;and WHEREAS, the Governor has declared a state of emergency for the State of Oregon and the Washington County Board of Commissioners has dedared a state of emergency for Washington County;and WHEREAS,this declaration is in support of the COVID-19 public health response;and WHEREAS,pursuant to TMC 7.74.070,the Tigard City Council ratified the Mayor's emergency declaration on March 17,2020;and WHEREAS,TMC 7.74.070.E says that the declaration must limit the duration of the state of emergency to the period of time during which the conditions giving rise to the declaration exist or are likely to remain in existence;and WHEREAS,the original emergency declaration was drafted to extend 12pm on April 30,2020;and WHEREAS, Council finds it necessary to extend the emergency declaration in order to continue its response efforts. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Tigard City Council dedares the response to COVID-19 constitutes a continuing state of emergency. SECTION 2: The local emergency exists within the territorial limits of the City of Tigard. SECTION 3: COVID-19 constitutes an urgent threat to public health, requiring additional resources and protective measures to protect the health of City staff, family members, and the Tigard community. SECTION 4: A local emergency authorizes Cityofficials to take the followinggcymeasures: RESOLUTION NO.20- Page 1 A. The City and its officials are authorized to take such actions and issue such orders as described in Tigard Municipal Code 7.74 as are determined necessary to protect lives and property and to efficiently conduct activities that minimize or mitigate the effect of the emergency. B. The emergency procurement of goods and services is authorized pursuant to the Oregon Public Contracting Code, Tigard Municipal Code 2.46, and the City of Tigard Local Contract Review Board Public Contracting Rules. For the duration of the emergency, the Tigard Local Contract Review Board delegates signature authority on all contracts to the City Manager. The Tigard City Council delegates signature authority on all intergovernmental agreements to the City Manager. C. The City of Tigard will temporarily waive all late fees and shutoff actions for utility accounts accruing as of the Mayor's declaration of emergency on March 16, 2020 and continuing until the expiration of the emergency. D. To protect the health of City employees, the City may issue emergency rules or guidance on the use of sick leave, telework, remote work, or other policies that will be in effect only for the duration of the emergency. E. To respond to the emergency, and to particularly ease burdens on businesses and service sector workers, the City may relax or adjust enforcement of City codes,including but not limited to parking restrictions downtown. F. To continue to manage and receive necessary supplies and assistance,including but not limited to personal protective equipment, the City has activated its Emergency Operations Center and centralized logistics. The City may request additional assistance as needed, including through mutual assistance agreements, the Cooperative Public Agencies of Washington County (CPAWC),Medical Reserve Corps,and the American Red Cross,among others. SECTION 5: This declaration of emergency will remain in effect until 12pm on May 31,2020. SECTION 6: This resolution repeals and replaces Resolution 20-14 and is effective immediately upon pass age. PASSED: This day of 2020. Mayor-City of Tigard A 1'1'EST: City Recorder-City of Tigard RESOLUTION NO.20- Page 2 AIS-4265 6. Workshop Meeting Meeting Date: 04/21/2020 Length (in minutes): 45 Minutes Agenda Title:Discuss Follow-up on the City's Response to COVID-19 Prepared For:Marty Wine Submitted By: Carol Krager, Central Services Item Type: Update, Discussion, Direct Meeting Type: Council Staff Business Meeting - Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Council discussion of the City's current and future response to COVID-19 and community impacts. STAFF RECOMMENDATION / ACTION REQUEST Discuss and provide guidance about future city actions. KEY FACTS AND INFORMATION SUMMARY At its April 7 meeting in a non-agenda item discussion, Council identified some areas that Tigard may consider responding to next in relation to impacts of the COVID-19 pandemic, including suggestions about what the City should be considering for action. In summary, Council guidance was to consider discussion or hear recommendations about: 1. Community help or assistance with utility payments or future rate increases, or relief from other city regulations or processes generally (such as backflow testing, code enforcement) 2. An acknowledgement that it is not business as usual, and yet the community needs to know more about the City's services that are being provided and how Tigard is adapting and managing during the pandemic. Report on supply and resource needs for our first responders Police, Public Works, Facilities) to do their work. 3. Inventory and continue community outreach efforts, continue to outreach to the community, listen and hear community needs. 4. Recommend whether there is any "next phase" of funding in response assistance that should be done. 5. Find opportunities to provide and expand broadband access during and after the emergency. Staff will submit a memo for Council discussion about these issues, and more, in advance of the meeting (planned for April 16). The memo is planned to be a response and recommendation for next steps. Here we consider Council's input; our understanding of the community need; report on what the City is already doing for the COVID-19 response and providing day-to-day services; and options and recommendations about the city's next responses. The Council's discussion and memo will include information that our Emergency Operations Center (EOC) has about response needs; the approach to the FY 2020-21 budget proposal; the need for data and information about Tigard community needs to inform future decisions; and how investments in response now may affect city priorities later. OTHER ALTERNATIVES City Council may have additional ideas for discussion about future City action to respond to COVID-19. 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