SDR2014-00002 Decision - Greenburg Apartment NOTICE OF TYPE II DECISION
SITE DEVELOPMENT REVIEW (SDR) 2014-00002 IN 19
GREENBURG APARTMENTS T I GARD
(With 125-day extension) 120 DAYS = 6/23/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: GREENBURG APARTMENTS
CASE NOS.: Site Development Review(SDR) SDR2014-00002
Adjustment(VAR) VAR2014-00010
Adjustment(VAR) VAR2014-00011
REQUEST: The applicant is requesting site development review for seven three-story buildings,
containing a 63 unit apartment complex with 23 garages on 1.57 acres. The site will be
served by an access drive from SW Greenburg Road. The proposal also includes two
adjustments: 1) an on-site parking adjustment from 100 required spaces to 94 spaces, a 6%
reduction, and 2) an access spacing adjustment from 600 feet to approximately 100 feet
along SW Greenburg, an arterial street.
APPLICANT: Evergreen Builders,LLC
c/o Joe Westerman
7420 SW Hunziker Road, Suite D
Tigard, OR 97223
Greenburg Road Apartments, LLC
OWNER: 7420 SW Hunziker Road, Suite D
Tigard, OR 97223
LOCATION: 9550 SW Greenburg Road;WCTM 1S126DC,Tax Lot 00900
ZONE: MUE-1: mixed use employment. The MUE-1 and 2 zoning districts are designed to apply to
areas where employment uses such as office, research and development and light
manufacturing are concentrated. Commercial and retail support uses are allowed but are
limited, and residential uses are permitted which are compatible with employment character
of the area. MUE-1 is the high density mixed use employment district.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.360, 18.370, 18.390, 18.520, 18.630, 18.705,
18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
proposed site development review, 6% on-site parking adjustment, and access spacing adjustment, subject to certain
conditions of approval. The findings and conclusions on which the decision is based are noted in Section VI of
this decision.
NOTICE OF DECISION PAGE 101;29
SDR2014-00002 GREENBURG APARTMENTS
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO COMMENCING ANY SITE WORK:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT
ATTN: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the
required information is found:
1. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection
measures, document compliance/non-compliance with the urban forestry plan and send written verification
with a signature of approval directly to the city manager or designee within one week of the site inspection.
2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection
measures during periods of active site development and construction, document compliance/non-
compliance with the urban forestry plan and send written verification with a signature of approval directly to
the project planner within one week of the site inspection.
3. Prior to commencing any site work, the applicant shall submit to the city the current Inventory Data Collection
fee for urban forestry plan implementation: 27 planted open grown trees (at $147 first + $28/each additional
tree) =$147 + $728 = $875.
4. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the
requirements of Urban Forestry Manual Section 11,Part 2: 27 planted open grown trees x$441/tree = $11,907.
5. Prior to commencing any site work, the applicant shall submit revised building elevations that demonstrate
that the required offsets are met.
6. Prior to commencing any site work, the applicant shall submit a revised dimensioned site plan that
demonstrates the open space calculation meets the minimum requirements.
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @ tgard-or.gov) for review and
approval:
7. Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City
engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO.
8. Prior to any work on site, the applicant shall submit the plan and profile location of the public storm drain
and sanitary sewer proposed to serve the site and executed agreements for any required easements.
9. Prior to any work on site, the applicant shall obtain county approval of plans to construct improvements to
Greenburg Road.
10. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings.
The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edition (and any subsequent versions or updates)."
11. Prior to any ground disturbance on the site the applicant shall obtain an erosion control permit issued by the
City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act.
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SDR2014-00002 GREENBURG APARTMENTS
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @tigard-or.gov) for review and
approval:
12. Prior to issuance of building permits, the applicant shall obtain approval from Tualatin Valley Fire and
Rescue.
13. Prior to issuance of building permits, a Public Facility Improvement (PFI) permit is required for this project to
cover street improvements,public utility issues,and any other work in the public right-of-way. The PFI permit
plan submittal shall include the exact legal name, address and telephone number of the individual or corporate
entity who will be designated as the "Permittee".
14. Prior to issuance of building permits, the applicant shall obtain all permits and service provider letters
necessary from all appropriate agencies (such as Washington County, Tualatin Valley Water Department,
Tualatin Valley Fire and Rescue, and Clean Water Services) for all work to be done on site.
15. Prior to issuance of building permits, the applicant shall obtain city and CWS approval of plans for the
construction of the stormwater treatment facilities.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF AN
OCCUPANCY PERMIT:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or
plans that address the following requirements to the COMMUNITY DEVELOPMENT DEPARTMENT
ATTN: Gary Pagenstecher, 503-718-2434.
16. Prior to issuance of an Occupancy Permit, the applicant shall cooperate with Tri-Met to design and
build an improvement to the transit system most likely to serve the residents of the development and
the ridership in the area.
17. Prior to issuance of an Occupancy Permit the applicant shall call for a Planning Inspection to ensure the
project is built according to the approved plans.
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @ tigard-or.gov) for review and
approval:
18. Prior to issuance of an Occupancy Permit, the applicant shall obtain city and CWS approval of the complete
construction of the stormwater treatment facilities and maintenance plans.
19. Prior to issuance of an Occupancy Permit, the applicant shall obtain city approval of the complete
construction of the proposed driveway. The applicant's engineer shall submit a final access report to City
engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO.
20. Prior to issuance of an Occupancy Permit, the applicant shall obtain county approval of constructed
improvements to Greenburg Road.
21. Prior to issuance of an Occupancy Permit, the applicant shall pay the fee in-lieu of undergrounding
overhead utilities.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
NOTICE OF DECISION PAGE 3 OF 29
SDR2014-00002 GREF,NBURG APARTMENTS
SECTION III. BACKGROUND INFORMATION
Site Information and Proposal Description:
The applicant is requesting site development review for a seven-building, containing a 63 unit apartment complex
with 23 garages on 1.57 acres. The site will be served by an access drive from SW Greenburg Road. The proposal
also includes two adjustments: 1) an on-site parking adjustment from 99 required spaces to 94 spaces, a five percent
reduction, and 2) an access spacing adjustment from 600 feet to approximately 100 feet along SW Greenburg, an
arterial street.
Site History:
The parcel is vacant. A search of City records found a site development review (SDR98-00020) that approved the
construct of a 57 room hotel; this approval expired. No other land-use cases associated with the subject parcels
were found.
Vicinity Information:
The site is zoned MUE-1. Properties to the north and south are zoned MUE-1, properties to the west are zoned
MUC and properties to the east are within Washington County jurisdiction zoned residential. The area is primarily
commercial and multifamily within the City of Tigard and single family neighborhoods within Washington County.
The site is bordered by an apartment complex to the north, a church to the south, single-family dwellings on the east,
and a Washington Square parking lot to the west.
SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET
A notice of a pending land use action was sent to neighboring property owners within 500 feet of the subject site
boundaries and interested parties on October 30, 2014. The City received three written comments.
Charli Chambers is concerned that one access will be a fire hazard, left hand turns onto Greenburg will be
dangerous, and the parking adjustment request will result in unacceptable off-site impacts to the neighborhood and
adversely impact safety in the community.
Daniel and Amanda Moll worry that if the requested parking adjustment were granted that it would lead to the use
of the neighboring church property for off-site parking and that it would be in conflict with church use of the
property.
Pieter Braam commented that the plan's one access on Greenburg represents a fire hazard and will result in traffic
conflicts, and is also concerned about off-site parking in the neighborhood.
RESPONSE: Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and
provided comments in an October 30, 2014 letter regarding requirements for fire sprinklers. In addition, Mr. Wolff
conditionally approved the proposed plans for an alternate means of fire protection for the one-access site. The
applicant has been conditioned to obtain approval from TVFR prior to issuance of building permits.
Washington County Department of Land Use and Transportation provided a comment letter dated December 30,
2014 including conditions of approval required prior to issuance of-building permits and prior to occupancy. These
conditions are included as conditions in this decision.
These issues are addressed further under each relevant approval criteria,below.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
The following summarizes the criteria applicable to this decision in the order in which they are addressed:
A. Applicable Development Standards
18.360 Site Development Review
19.370 Variances and Adjustments
18.520 Commercial zoning districts
18.630 Washington Square Regional Center Plan District
18.705 Access, Egress and Circulation
18.715 Density Computations
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SDR2014-00002 GREENBLIRG APARTMENTS
18.725 Environmental Performance Standards
18.745 Landscaping and Screening
18.755 Mixed Solid Waste and Recyclable Storage
18.765 Off-street parking and loading requirements
18.790 Urban Forestry Plan
18.795 Vision Clearance Areas
18.810 Street and Utility Improvement Standards
B. Impact Study
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. APPLICABLE DEVELOPMENT STANDARDS
18.360 SITE DEVELOPMENT REVIEW
18.360.090 Approval Criteria
The director shall make a finding with respect to each of the following criteria when approving, approving
with conditions, or denying an application:
A. Compliance with all of the applicable requirements of this title, including Chapter 18.810, Street
and Utility Standards;
The following sections were found not to apply to the proposal: 18.360.090.B (Relationship to the Natural and Physical
Environment); 18.360.090.D (Buffering, Screening and Compatibility between Adjoining Uses-Nonresidential
development); 18.360.090.G (100-year floodplain); 18.360.090.H (Demarcation of Public, semi-public and private
spaces for crime prevention-Nonresidential development); and 18.360.090.1 (Crime prevention and safety-
Nonresidential development).
The following sections were discussed elsewhere in this decision and, therefore, will not be addressed in this section:
18.360.090.K (Landscaping); 18.360.090.L (Drainage); 18.360.090.M (Provision for the Disabled); and 18.360.090.N
(All Provisions &Regulations of Underlying Zone Apply); Chapter 18.810,Street and Utility Standards.
C. Exterior elevations.
1. Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at
a minimum of every 30 feet by providing any two of the following:
a. Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet;
b. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a
maximum length of an overhang shall be 25 feet; and
c. Offsets or breaks in roof elevations of three or more feet in height.
As shown in the Plan Set, the four apartment buildings on the south of the project meet the exterior elevation criterion
on the front and back, but not sides, which are 40 feet long and undifferentiated. In addition, the three buildings along
the northern property line do not include two of any offsets on their rear northern elevations. This standard is not met.
As a condition of approval, the applicant shall submit revised building elevations that demonstrate that the required
offsets are met.
E. Private outdoor area—Multifamily use.
1. Private open space such as a patio or balcony shall be provided and shall be designed for the
exclusive use of individual units and shall be at least 48 square feet in size with a minimum width
dimension of four feet; and
a. Balconies used for entrances or exits shall not be considered as open space except where such
exits or entrances are for the sole use of the unit, and
b. Required open space may include roofed or enclosed structures such as a recreation center or
covered picnic area;
2. Wherever possible, private outdoor open spaces should be oriented toward the sun; and
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SDR2n14(m002 GREENBURG APARTMENTS
3. Private outdoor spaces shall be screened or designed to provide privacy for the users of the space.
As shown on the plans and stated in the narrative, the first floor units have patios and the second and third
floor units have balconies. The private outdoor spaces have a minimum dimension of 48 feet. The units along
the south border will have their open space facing the sun; those along Greenburg Road will have morning sun.
The ground floor patios will be screened to provide privacy while the upper floor balconies are designed to
provide privacy. This standard is met.
F. Shared outdoor recreation areas—Multifamily use.
1. In addition to the requirements of subsection E of this section, usable outdoor recreation space shall
be provided in residential developments for the shared or common use of all the residents in the
following amounts:
a. Studio up to and including two-bedroom units, 200 square feet per unit; and
b. Three or more bedroom units, 300 square feet per unit.
2. The required recreation space may be provided as follows:
a. It may be all outdoor space; or
b. It may be part outdoor space and part indoor space; for example, an outdoor tennis court, and
indoor recreation room; or
c. It may be all public or common; or
d. It may be part common space and part private; for example, it could be an outdoor tennis court,
indoor recreation room and balconies on each unit; and
e. Where balconies are added to units, the balconies shall not be less than 48 square feet.
3. Shared outdoor recreation space shall be readily observable to promote crime prevention and safety.
The proposed 63 unit apartment complex will only have one and two bedroom units; therefore the required shared
outdoor recreation area is 12,600 square feet (63 units x 200 square feet/unit). The Site Plan (Sheet 1) includes an
Area Calculations Table showing 3,348 square feet for private outdoor space (63 units x 48 square feet = 3,024
square feet) and 9,785 square feet for public outdoor space for a total of 13,133 square feet of shared outdoor
recreation area. The plans do not show how the public outdoor space calculation is obtained and, therefore, it
cannot be determined if the shared outdoor recreation standard is met. As a condition of approval, the applicant
shall submit a revised dimensioned site plan that demonstrates the shared open space calculation meets the
minimum requirements.
Tigard Police requested a detailed lighting plan to ensure reasonable and adequate steps to deter crime. The revised
plan set includes a Site Lighting plan (Sheet 19) that shows foot-candle illumination across the site. This
requirement is met.
J. Public transit.
1. Provisions within the plan shall be included for providing for transit if the development proposal is
adjacent to or within 500 feet of existing or proposed transit route;
2. The requirements for transit facilities shall be based on:
a. The location of other transit facilities in the area, and
b. The size and type of the proposal;
3. The following facilities may be required after city and Tri-Met review:
a. Bus stop shelters,
b. Turnouts for buses, and
c. Connecting paths to the shelters.
The site is located on SW Greenburg Road which is served by two Tri-Met routes: Route 76 and 78. Transit stops for
these two routes are both approximately 250 feet northwest of the site. There is also a transit stop 650 feet southwest
of the site. Route 43 is available at Hall Blvd approximately 800 feet to the north. The Washington Square Transit
Center is approximately 1,500 feet to the west. The proposal was routed to Tri-Met who commented that they would
support a bench at any of the stops. The applicant agreed to work with Tri-Met to provide the most suitable
improvement. Therefore, to support the applicant's request for a 5% parking reduction, the applicant shall cooperate
with Tri-Met to design and build an improvement to the transit system most likely to serve the residents of the
development and the ridership in the area.
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SDR2014-000U2 GRI;I NBURG APARTMENTS
FINDING: Based on the analysis above, the proposal has not met all of the applicable site development review
criteria.With the following conditions of approval, these criteria can be met.
CONDITIONS:
• The applicant shall submit revised building elevations that demonstrate that the required offsets
are met.
• The applicant shall submit a revised dimensioned site plan that demonstrates the open space
calculation meets the minimum requirements.
• The applicant shall cooperate with Tri-Met to design and build an improvement to the transit
system most likely to serve the residents of the development and the ridership in the area.
18.370 VARIANCES AND ADJUSTMENTS
18.370.020 Adjustments
C. Special adjustments
5. Adjustment to access and egress standards (Chapter 18.705).
a. In all zoning districts where access and egress drives cannot be readily designed to conform to
code standards within a particular parcel, access with an adjoining property shall be
considered. If access in conjunction with another parcel cannot reasonably be achieved, the
director may grant an adjustment to the access requirements of Chapter 18.705 through a Type
II procedure, as governed in Section 18.390.030, using approval criteria contained in
subparagraph b of this paragraph 5.
b. The Director may approve, approve with conditions, or deny a request for an adjustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
i. It is not possible to share access;
ii. There are no other alternative access points on the street in question or from another street;
iii. The access separation requirements cannot be met;
iv. The request is the minimum adjustment required to provide adequate access;
v. The approved access or access approved with conditions will result in a safe access; and
vi. The visual clearance requirements of Chapter 18.795 will be met.
18.705.030.H.3 requires a minimum spacing of driveways and streets along an arterial to be 600 feet. SW Greenburg
Rd is a county arterial street. SW Washington Square Drive and SW Summit (Gormartin) Lane intersections are
about 425 feet apart. The access spacing standard cannot be met. No alternative access is available. According to the
preliminary site distance report submitted by the applicant finds that the proposed access will be safe. The Street
Improvement Plan (Sheet 6) shows a visual clearance triangle consistent with Chapter 18.795. The proposed
driveway location for the subject development maximizes intersection separation along SW Greenburg. The
applicable approval criteria are met. Therefore, the adjustment to the access spacing standard can be approved.
6. Adjustments to parking standards (Chapter 18.765).
a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed
by Section 18.390.040, the director may authorize up to a 20% reduction in the total minimum
vehicle parking spaces required in 18.765.070.H when an applicant for a development permit
can demonstrate in a parking study prepared by a traffic consultant or in parking data from
comparable sites that:
i. Use of transit, demand management programs, and/or special characteristics of the
customer, client employee or resident population will reduce expected vehicle use and
parking space demand for this development, as compared to standards Institute of
Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking
requirements; and
According to TDC18.765, and shown in the applicant's narrative, 87 spaces for the 63 one and two bedroom
apartments, plus 13 guest parking spaces for a total of 100 spaces, is required. The applicant proposes 94 parking
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SDR2014-00002 ;RI M?NBURG APARTMENTS
spaces and a 5°,/o parking reduction,but a 6%parking space reduction (6 spaces) from a total of 100 spaces required.
The application includes a transportation engineering report by Todd Mobley of Lancaster Engineering and an
Addendum dated March 25, 2015. The Addendum demonstrates through analysis of peak demand of a similar
adjacent multi-family development, the ITE comparison parking ratio, transit availability, and demand management
provided by interior bicycle parking in 25% of the units that the 6% space reduction can be supported,in this case.
This criterion is met.
ii. A reduction in parking will not have an adverse impact on adjacent uses.
The city received three public comments concerned about off-site impacts related to the parking reduction request.
One comment from the adjacent neighbor to the south,who lives in the parish house associated with the Lutheran
Church, cited the potential for parking conflicts on the church site,particularly if the guest parking required by code
would be eliminated with approval of the adjustment request.
FINDING: The applicant's parking study and Addendum provide enough information to show that the
proposed reduction can be granted without adverse impact. The study cites the availability of transit
in nearby Washington Square, private indoor and public outdoor bike parking on site, a high
walkability score, and most importantly, the observed peak demand of a similar adjacent multi-family
development, and the ITE comparison parking ratio to support the revised request for a 6%parking
reduction. Therefore, the modest 6% parking reduction requested (of potentially 20% allowed) can
be approved. This criterion is met.
18.520 COMMERCIAL ZONING DISTRICTS
Table 18.520.1 includes a list of permitted, restricted, conditional and prohibited uses in commercial
zones. In the MUE-1 zone, residential uses are permitted which are compatible with employment
character of the area. Multifamily residential is permitted in the zone.
The subject site is located in the MUE-1 zone, a high-density mixed use employment zoning district. Multifamily
residential development is proposed.The proposed use is a permitted use in the zone.
TABLE 18.520.2 outlines commercial development standards. The MUE-1 zoning district has the following
dimensional requirements:
TABLE 18.520.2
COMMERCIAL DEVELOPMENT STANDARDS
STANDARD MUE-1 [18] Proposed
Minimum Lot Size None 68,481 sq.ft.
Minimum Lot Width None NA
Minimum Setbacks
Front yard 0 ft. [21] 10 ft.
Side facing street on corner&through lots 0 ft. N/A
Side yard 0 ft. 2-3 ft.
Rear yard 0 ft. [20] 20 ft.
Side or rear yard abutting more restrictive zoning district - -
Distance between property line and front of garage N/A N/A
Minimum Building Height 2 stories 3 stories
Maximum Height 200 ft. 33 ft.
Maximum Site Coverage [2] 85% 84.1%
Minimum Landscape Requirement 15% 15.9%
Minimum FAR 1.25 N/A
Minimum Residential Density [4] 50 units/acre 63 units
Maximum Residential Density[4] None N/A
[2]Includes all buildings and impervious surfaces.
[4]Notwithstanding the requirements of Section 18.715.020,minimum and maximum density shall be determined for residential only projects using the number of residential
units per acre shown in the above table.
[18]The requirements contained in the Buffer Matrices in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering:screening and required improvements
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SDR2014-00002 GREENBURG APARTMENTS
to be installed between proposed uses in the MUC, MUG and MUR zones within the Washington Square Regional Center (WSRC) and abutting zoning districts not
included within the XX'SRC,or zoning districts within the\X/SRC which are not mixed-use.For MUC and MUI zones,the requirements for Commercial Zones apply.For
M UR zones,the requirements for the Neighborhood Commercial Zone apply.
1201 Side and rear yard setbacks shall be 20 feet when the zone abuts residential districts shown in Section 18.510.020 except R-25 and R-40.
1211 The maximum setback is 20 feet.
According to the applicant's Site Plan (Sheet 1), the proposed front, side and rear yard setbacks are met. All buildings
are shown as three stories consistent with the two-story minimum. Site coverage does not exceed the maximum site
coverage of 85%. As shown in the density calculation provided in section 18.715 below, the minimum density of 50
units/acre has been met with the proposed 63 units.
FINDING: Based on the analysis above, development standards in the MUE-1 residential zone have been
met.
18.630 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT
18.630.010 Purpose and Applicability
D. Development conformance. All new developments, including remodeling and renovation projects
resulting in new non-single-family residential uses, are expected to contribute to the character and
quality of the area. In addition to meeting the design standards described below and other
development standards required by the development and building codes, developments will be
required to dedicate and improve public streets, connect to public facilities such as sanitary sewer,
water and storm drainage, and participate in funding future transportation and public improvement
projects necessary within the Washington Square Regional Center.
18.630.050 Site Design Standards
Compliance. All development must meet the following site design standards. If a parcel is one acre or
larger a phased development plan may be approved demonstrating how these standards for the overall
parcel can be met. Variance to these standards may be granted if the criteria found in Section
18.370.010.C.2, governing criteria for granting a variance, is satisfied.
The subject parcel is greater than one acre, but the applicant has not requested phasing development nor any
variances.
A. Building placement on major and minor arterials.
1. Purpose. Architecture helps define the character and quality of a street and can make a strong
statement about the overall community and city at large. The placement and design of buildings
provides the framework for the streetscape and defines the edges of the public right-of-way.
Architecture and ground floor uses can activate the street, either by its design presence or by those
who come and go from it. At intersections, investing in building frontages can create gateways and
special places that add to the character of the area.
2. Standard. Buildings shall occupy a minimum of 50% of all street frontages along major and minor
arterial streets. Buildings shall be located at public street intersections on major and minor arterial
streets.
As shown on the Site Plan (Sheet 1), the subject property has approximately 100 feet of frontage on SW Greenburg
Rd., an arterial. The proposed building fronting SW Greenburg Rd. is 40 feet wide. However, access is obtained
along this frontage,which is 30 feet wide. The building occupies 57% of the available frontage. This standard is met.
B. Building setback.
1. Purpose. Buildings and investment in architecture is most conspicuous when it is visible from the
street. The presence of buildings closely sited at the edge of the right-of-way creates an envelope
for the street and a sense of permanence.
2. Standard. The minimum and maximum building setback from public street rights-of-way shall be in
accordance with Table 18.520.2.
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SDR2014-00002 G121,0:NBURG APARTMENTS
The minimum setback from SW Greenburg Rd. is 0 feet and the maximum is 20 feet. The applicant proposes a 10-
foot setback. This standard is met.
C. Front yard setback design.
1. Purpose. The front yard is the most conspicuous face of a building and requires special attention.
Places for people and pedestrian movement helps create an active and safer street. Higher level of
landscape anticipates a more immediate visual result.
2. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of
the pedestrian path must be provided between a structure and a public street or accessway. If a
building abuts more than one street, the required improvements shall be provided on all streets.
Landscaping shall be developed to the applicable standard in subsection E of this section. Hard-
surfaced areas shall be constructed with scored concrete or modular paving materials. Benches and
other street furnishings are encouraged. These areas shall contribute to the minimum landscaping
requirement per 18.520.040.B and Table 18.520.2.
The Landscape Plan (Sheet L1) shows a hardscape and landscaped front yard including five bike parking spaces.
This standard is met.
D. Walkway connection to building entrances.
1. Purpose. As density increases and employee and resident populations increase, it is expected that
more people will move between businesses within the WSRC. Provisions should be made to
encourage people to walk from business to business, and housing to business rather than use
automobiles.
2. Standard. A walkway connection is required between a building's entrance and a public street or
accessway. This walkway must be at least six feet wide and be paved with scored concrete or
modular paving materials. Building entrances at a corner adjacent to a public street intersection are
required. These areas shall contribute to the minimum landscaping requirement per 18.520.040.B
and Table 18.520.2.
As shown in the Site Plan (Sheet 1), six-foot walkways connect all building entrances with SW Greenburg Rd. This
standard is met.
E. Parking location and landscape design.
1. Purpose. The emphasis on pedestrian access and a high quality streetscape experience requires that
private parking lots that abut public streets should not be the predominant street feature. Where
parking does abut public streets, high quality landscaping should screen parking from adjacent
pedestrian areas.
2. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to
the side or rear of newly constructed buildings. When buildings or phases are adjacent to more
than one public street, primary street(s) shall be identified by the city where this requirement
applies. In general, streets with higher functional classification will be identified as primary streets
unless specific design or access factors favor another street. If located on the side, parking is
limited to 50% of the primary street frontage. When abutting public streets, parking must be
behind a landscaped area constructed to an L-1 parking lot screen standard. The minimum depth
of the L-1 landscaped area is eight feet or is equal to the adjacent building setback, whichever is
greater. All other site landscaping shall be landscaped to an L-2 general landscaping standard. The
L-1 and L-2 standards are more fully described in Section 18.630.090.
As show in the Landscape Plan (Sheet L1) the L-1 planting standard along Greenburg is met.
18.630.060 Building Design Standards
All new buildings constructed in the MUC, MUE and MUR zones within the WSRC shall comply with the
following design standards. Variance to these standards may be granted if the criteria found in
18.370.010.C.2, criteria for granting a variance, is satisfied.
The applicant does not propose any variances.
NOTICE OF DECISION PAGE 10 OF 29
SDR2()14-00002 GREENBURG APARTMENTS
A. Ground floor windows.
1. Purpose. Blank walls along the street frontage tend to be neglected, and are not pedestrian friendly.
Windows help keep "eyes on the street" which promotes safety and security, and can help create a
lively street frontage by displaying activities and products within the building. Lighting at night
from ground floor windows also adds to the presence of activity and the sense that someone is
home.
2. Standard. All street-facing elevations within the building setback (0 to 10 feet) along public streets
shall include a minimum of 50% of the ground floor wall area with windows, display areas or
doorway openings. The ground floor wall area shall be measured from three feet above grade to
nine feet above grade the entire width of the street-facing elevation. The ground floor window
requirement shall be met within the ground floor wall area and for glass doorway openings to
ground level. Up to 50% of the ground floor window requirement may be met on an adjoining
elevation as long as the entire requirement is located at a building corner.
As shown on the Elevations and Roof Plan (Sheet 12), the proposed elevation along Greenburg includes 53% in
windows and openings. This standard is met.
B. Building façades.
1. Purpose. Straight, continuous, unarticulated walls lack interest, character and personality. The
standard provides minimum criteria for creating a diverse and interesting streetscape.
2. Standard. Façades that face a public street shall extend no more than 50 feet without providing at
least one of the following features: (a) a variation in building materials; (b) a building off-set of at
least one foot; (c) a wall area that is entirely separated from other wall areas by a projection, such as
an arcade; or (d) by another design features that reflect the building's structural system. No
building façade shall extend for more than 300 feet without a pedestrian connection between or
through the building.
The proposed building fronting Greenburg is 40 feet in length and is articulated with bay windows and an entry
recess. This standard is met.
C. Weather protection.
1. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and
to provide incentive for people to walk rather than drive.
2. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, shall be
provided at building entrances. Weather protection is encouraged along building frontages
abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building
frontages between a building entrance and a public street or accessway.
As shown in the plan set all building entrances include weather protection. This standard is met.
D. Building materials.
1. Purpose. High quality construction and building materials suggest a level of permanence and
stature appropriate to a regional center.
2. Standard. Plain concrete block,plain concrete, corrugated metal, plywood, sheet press board or vinyl
siding may not be used as exterior finish materials. Foundation material may be plain concrete or
plain concrete block where the foundation material is not revealed for more than two feet.
As stated in the narrative, the proposed building materials will not include any of the listed prohibited materials.
This standard is met.
E. Roofs and roof lines.
1. Purpose. Roof line systems that blur the line between the roof and the walls of buildings should be
avoided. This standard simply states that roofing materials should be used on the roof and that wall
finish materials should be use on building walls. The premise is that future buildings in the WSRC
should have a look of permanence and quality.
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SDR20I400002 GREENBURG 1PARTMIENFS
2. Standard. Except in the case of a building entrance feature, roofs shall be designed as an extension
of the primary materials used for the building and should respect the building's structural system
and architectural style. False fronts and false roofs are not permitted.
As stated in the narrative and shown in the plan set, the proposed building materials for roofs and walls are
appropriate for those surfaces and will have the look of permanence and quality. This standard is met.
F. Roof-mounted equipment.
1. Purpose. Roof top equipment, if not screened properly, can detract from views of adjacent
properties. Also roofs and roof mounted equipment can be the predominant view where buildings
are down slope from public streets.
2. Standard. All roof-mounted equipment must be screened from view from adjacent public streets.
Satellite dishes and other communication equipment must be set back or positioned on a roof so
that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this
standard.
The applicant has not described where any roof mounted equipment might be sighted. In addition, the pitched
roofs proposed do not lend themselves to roof mounted equipment. Any equipment would need to be screened. As
proposed, and given the information provided, this standard is met.
18.630.090 Landscaping and Screening
Applicable levels. Two levels of landscaping and screening standards are applicable. The locations where
the landscaping or screening is required and the depth of the landscaping or screening are defined in
other subsections of this section. These standards are minimum requirements. Higher standards may be
substituted as long as all height limitations are met.
A. L-1 parking lot screen. The L-1 standard applies to setbacks on public streets. The L-1 standard is in
addition to other standards in other chapters of this title. The setback shall be a minimum of eight feet
between the parking lot and a public street. L-1 trees shall be considered parking lot trees and spaced
between 30 and 40 feet on center within the setback. All L-1 trees shall be a minimum of 31/2-inch
caliper at the time of planting. Shrubs shall be of a variety that will provide a three-foot high screen and
a 90% opacity within one year. Groundcover plants must fully cover the remainder of landscape area
within two years.
B. L-2 general landscaping. The L-2 standard applies to all other trees and shrubs required by this chapter
and Chapter 18.745 (except those required for the L-1 parking lot screen). For trees and shrubs required by
Chapter 18.745, the L-2 standard is an additional standard. All L-2 trees shall be 21/2-inch caliper at the
time of planting. Shrubs shall be of a size and quality to achieve the required landscaping or screening
effect within two years.
As shown in the Landscape Plan (Sheet L1), the L-1 and L-2 standards have been met.
FINDING: As shown in the analysis above, the applicable Washington Square Regional Center Plan District
standards are met.
18.705 ACCESS, EGRESS,AND CIRCULATION
18.705.020 Applicability of Provisions
A. When provisions apply. The provisions of this chapter shall apply to all development including the
construction of new structures, the remodeling of existing structures (see Section 18.360.050), and
to a change of use which increases the on-site parking or loading requirements or which changes
the access requirements.
The proposal is a 63 unit site development; therefore these provisions apply.
18.705.030 General Provisions
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SDR2(11400002GPi PAR1'1\4ENFS
D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect
directly with a public or private street approved by the city for public use and shall be maintained at
the required standards on a continuous basis.
A driveway directly connected to SW Greenburg Rd. will provide access to the site. This standard is met.
F. Required walkway location. On-site pedestrian walkways shall comply with the following standards:
1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide
the required access and egress. Walkways shall provide convenient connections between buildings
in multi-building commercial, institutional, and industrial complexes. Unless impractical,
walkways shall be constructed between new and existing developments and neighboring
developments.
2. Within all attached housing (except two-family dwellings) and multifamily developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common
open space and recreation facilities.
3. Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall
be designed and located for pedestrian safety. Required walkways shall be physically separated
from motor vehicle traffic and parking by either a minimum six-inch vertical separation (curbed) or
a minimum three-foot horizontal separation, except that pedestrian crossings of traffic aisles are
permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or
contrasting pavement materials are used. Walkways shall be a minimum of four feet in width,
exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and
sign posts, and shall be in compliance with ADA standards.
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface must be designed and
maintained to remain well-drained. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft-surfaced public use pathways may be provided only if such
pathways are provided in addition to required pathways.
Each of the proposed residential buildings is connected by walkway to the vehicular parking area, and common
open space and recreation facilities. Walkways connecting the trash enclosure are 6 feet in width, are concrete, and
do not exceed 36 feet crossing the drive aisles. This standard is met.
H. Access management.
1. An access report shall be submitted with all new development proposals which verifies design of
driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration
standards as set by ODOT, Washington County, the city and AASHTO (depending on jurisdiction
of facility).
A driveway along will provide access to the site. The application includes a preliminary sight distance analysis
concluding that adequate sight distance is available at the site access. It appears that this standard can be met, but
sight distance will need to be verified at final design and after construction to verify that no changes have been
made or objects added that would obscure site distance.
Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City engineering staff
which verifies design of driveways and streets to be used by site traffic are safe by meeting adequate stacking needs,
sight distance and deceleration standards as set by the City and AASHTO.
Upon completion of the improvements, the applicant's engineer shall submit a final access report to City
engineering staff which verifies design of driveways and streets to be used by site traffic are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by the City and AASHTO. The applicant
shall obtain approval of this report prior to final inspection.
2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form on
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SDR201400002GREENBURG AI'ARMEN'1'S
approach to an intersection. The minimum driveway setback from a collector or arterial street
intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the
throat of the proposed driveway. The setback may be greater depending upon the influence area, as
determined from city engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage, the applicant must
explore any option for shared access with the adjacent parcel. If shared access is not possible or
practical, the driveway shall be placed as far from the intersection as possible.
The nearest collector or arterial street intersection with SW Greenburg Road is at Hall Blvd. The driveway is more
than 150 feet from Hall Blvd. This standard is met.
3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum
spacing of driveways and streets along an arterial shall be 600 feet.
4. The minimum spacing of local streets along a local street shall be 125 feet.
SW Greenburg Rd is a county arterial street requiring a minimum spacing of 600 feet. The SW Washington Square
Drive and SW Summit (Gormartin) Lane intersections are about 425 feet apart. The proposed driveway location
maximizes intersection separation. The applicant requested and adjustment to this standard, which has been
approved in this decision in the findings for adjustments to street improvement standards, above. Therefore, this
standard is met.
I. Minimum access requirements for residential use.
1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on
individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1
and 18.705.2.
TABLE 18.705.2
VEHICULAR ACCESS/EGRESS REQUIREMENTS:
MULTIFAMILY RESIDENTIAL USE
Dwelling Units Min.Number of Min.Access Min. Pavement Width
Driveways Required Width
1-2 1 15' 10'
3-19 1 30' 24' if two-way, 15' if one-way:
curbs and 5'walkway required
20-49 1 30' 24' if two-way
or
2 30' 15' if one-way: curbs and 5'
walkway required
50-100 2 30' 24' curbs and 5'walkway required
The applicant's traffic engineer has submitted a report concluding that only one access is feasible and that it will
operate at an A level of service. The standard is met.
FINDING: As shown in the analysis above, the Access, Egress and Circulation standards are met.
18.715 DENSITY COMPUTATIONS
18.715.010 Purpose
The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for
determining the number of dwelling units permitted.
18.715.020 Density Calculation
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the total site acres:
1. All sensitive land areas:
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SDR2014-00002 OREI:NBURG.11)ARTn1I:N I S
a. Land within the 100-year floodplain,
b. Land or slopes exceeding 25%,
c. Drainage ways, and
d. Wetlands,
e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard
"Significant Tree Grove Map" or "Significant Habitat Areas Map";
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way. When actual information is not available, the
following formulas may be used:
a. Single-family development: allocate 20% of gross acreage,
b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive
area;
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is
to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
Table 18.520.2 shows the minimum number of residential units in the MUE-1 zone is 50 units/acre. There is no
maximum. As shown in the following density computation, the minimum number of units required on a net
buildable area of 1.24 acres is 62 units. The applicant proposes 63 units, one more than the minimum.
Minimum Residential Density Calculation
Buildable Land Area
Gross Area (SF) 1.57 acres
Subtractions
1. Sensitive Land Areas 0
2. Park Dedications 0 _
3. Public ROW/Actual Access MFR 0.33 (14,414 sq. ft.)
4. Private streets 0
Subtotal:Subtractions 0.33
Net Buildable Land Area 1.24 acres
Minimum Residential Units Calculation
Net Buildable Land Area 1.24 acres
Minimum units/acre 50 units/acre
Minimum Residential Units 62 units
FINDING: According to the computation above, the applicant has met the minimum residential density
requirement. This standard is met.
18.725 ENVIRONMENTAL PERFORMACE STANDARDS
These standards require that federal and state environmental laws, rules and regulations be applied to
development within the City of Tigard. Section 18.725.030 (Performance Standards) regulates: Noise,visible
emissions,vibration and odors.
Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard
Municipal Code shall apply.
Visible Emissions. Within the commercial zoning districts and the industrial park (IP) zoning district, there
shall be no use, operation or activity which results in a stack or other point- source emission, other than an
NOTICE OF DECISION
PAGE.15 OF 29
SDR2014-00002 G1Z1?I:NBURG APART MINTS
emission from space heating, or the emission of pure uncombined water (steam) which is visible from a
property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-
28-070) apply.
Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any
given zoning district which is discernible without instruments at the property line of the use concerned.
Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any
point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090)
apply.
Glare and heat. No direct or sky reflected glare,whether from floodlights or from high temperature processes
such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no
emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these
regulations shall not apply to signs or floodlights in parking areas or construction equipment at the time of
construction or excavation work otherwise permitted by this title.
Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a
manner which will not attract or aid the propagation of insects or rodents or create a health hazard.
FINDING: The proposal is for multi-family development, which is permitted within the NIUE-1 zone. These
Environmental Performance standards will apply to the apartments after construction and be subject to
compliance with the applicable code enforcement provisions.
18.745 LANDSCAPING AND SCREENING
18.745.040 Street Trees
A. Street trees shall be required as part of the approval process for Conditional Use (Type III),
Downtown Design Review (Type II and III), Minor Land Partition (Type II), Planned
Development (Type III), Site Development Review (Type II) and Subdivision (Type II and III)
permits.
B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the
minimum number of required street trees shall be determined by rounding to the nearest whole
number.
C. Street trees required by this section shall be planted according to the Street Tree Planting
Standards in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes according to the Street
Tree Soil Volume Standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right of way whenever practicable
according to the Street Tree Planting Standards in the Urban Forestry Manual. Street trees may be
planted no more than 6 feet from the right of way according to the Street Tree Planting Standards
in the Urban Forestry Manual when planting within the right of way is not practicable.
F. An existing tree may be used to meet the street tree standards provided that:
1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is
either within the subject site or within the right of way immediately adjacent to the subject site;
2. The tree would be permitted as a street tree according to the Street Tree Planting and Soil
Volume Standards in the Urban Forestry Manual if it were newly planted; and
3. The tree is shown as preserved in the Tree Preservation and Removal site plan (per
18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and Supplemental Report (per
18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective
tree canopy cover of the site.
G. In cases where it is not practicable to provide the minimum number of required street trees, the
Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting
and early establishment in an amount equivalent to the City's cost to plant and maintain a street
NOTICE OF DECISION PAGE 16 01.29
SDR2(114-(61J92 GREENBURG AYAR1 M1 NTS
tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for
each tree below the minimum required.
The subject site has 100 feet of frontage along SW Greenburg Rd. Therefore, three street trees are required. The
Landscape Plan (Sheet L1) shows three Brownhall Maple street trees located within the landscaped strip. This
standard is met.
18.745.050 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians and
vehicles.
2. Buffering and screening is required to reduce the impacts on adjacent uses which are of a different
type in accordance with the matrices in this chapter (Tables 18.745.1 and 18.745.2). The owner of
each proposed development is responsible for the installation and effective maintenance of
buffering and screening. When different uses would be abutting one another except for separation
by a right-of-way, buffering, but not screening, shall be required as specified in the matrix.
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted
for the director's approval as an alternative to the buffer area landscaping and screening standards,
provided it affords the same degree of buffering and screening as required by this code.
Buffering and screening are required for the proposed project. Landscape Plans (Sheets L1-5) have been prepared
by a registered Landscape Architect. The applicant proposes to meet the standards as required in Tables 18.745.1
and 18.745.2. As shown on the Landscape Plan (Sheet L1), a 10-foot wide Type A buffer along SW Greenburg Rd.,
an arterial, and Option #3C along the east boundary adjacent to single-family dwellings, including a six foot wall,
are proposed. This standard is met.
B. Buffering and screening requirements.
1. A buffer consists of an area within a required setback adjacent to a property line and having a depth
equal to the amount specified in the buffering and screening matrix and containing a length equal
to the length of the property line of the abutting use or uses.
2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except
where an accessway has been approved by the city.
3. A fence, hedge or wall, or any combination of such elements,which are located in any yard is subject
to the conditions and requirements of paragraph B.8 and subsection D of this section.
4. The minimum improvements within a buffer area shall consist of combinations for landscaping and
screening as specified in Table 18.745.1. In addition, improvements shall meet the following
specifications:
a. At least one row of trees shall be planted. Trees shall be chosen from any of the tree lists in the
Urban Forestry Manual (except the nuisance tree list) unless otherwise approved by the director
and have a minimum caliper of 1-1/2 inches for deciduous trees and a minimum height of six
feet for evergreen trees at the time of planting. Spacing for trees shall be as follows:
i. Small stature or columnar trees shall be spaced no less than 15 feet on center and no greater
than 20 feet on center.
ii. Medium stature trees shall be spaced no less than 20 feet on center and no greater than 30
feet on center.
iii. Large stature trees shall be spaced no less than 30 feet on center and no greater than 40 feet
on center.
b. In addition, at least 10 five-gallon shrubs or 20 one-gallon shrubs shall be planted for each 1,000
square feet of required buffer area.
c. The remaining area shall be planted in lawn or other living ground cover.
As shown on the Landscape Plan (Sheet L1), a 10-foot wide Type A buffer along SW Greenburg Rd., an arterial,
and Option #3C along the east boundary adjacent to single-family dwellings including a six foot wall and
NOTICE OF DECISION PAGE 17 OF 29
S1312201,1-00002(112]ENBURG APARI'MENIS
landscaping are proposed. This standard is met.
E. Screening: special provisions.
1. Screening and landscaping of parking and loading areas:
a. Screening of parking and loading areas is required. In no cases shall nonconforming screening of
parking and loading areas (i.e., nonconforming situation) be permitted to become any less
conforming. Nonconforming screening of parking and loading areas shall be brought into
conformance with the provisions of this chapter as part of the approval process for conditional
use (Type III), downtown design review (Type II and III), planned development (Type III),
and site development review (Type II) permits only. The specifications for this screening are as
follows:
i. Landscaped parking areas shall include special design features which effectively screen the
parking lot areas from view. These design features may include the use of landscaped
berms, decorative walls and raised planters;
ii. Landscape planters may be used to define or screen the appearance of off-street parking
areas from the public right-of-way;
iii. Materials to be installed should achieve a balance between low lying and vertical shrubbery
and trees;
iv. All parking areas, including parking spaces and aisles, shall be required to achieve at least
30% tree canopy cover at maturity directly above the parking area in accordance with the
parking lot tree canopy standards in the Urban Forestry Manual.
As shown on the Landscape Plans (Sheet L1-5), the parking lot is screened from SW Greenburg Rd by an
apartment building and a planting bed to L-1 standards, a wall and landscaping screens the parking lot from the east,
buildings and landscaping screen the parking field from the north and south. The Parking Lot Tree Canopy Plan
(Sheet L3) demonstrates compliance with the parking lot tree canopy standards in the Urban Forestry Manual. This
standard is met.
2. Screening of service facilities. Except for one-family and two-family dwellings, any refuse container
or disposal area and service facilities such as gas meters and air conditioners which would
otherwise be visible from a public street, customer or resident parking area, any public facility or
any residential area shall be screened from view by placement of a solid wood fence or masonry
wall between five and eight feet in height. All refuse materials shall be contained within the
screened area.
The applicant's narrative states the screening of service facilities such as gas and electric meters and air conditioners
will occur with landscaping and a wooden fence. The planning site inspection will verify that screening is provided
prior to occupancy. This standard is met.
4. Screening of refuse containers. Except for one- and two-family dwellings, any refuse container or
refuse collection area which would be visible from a public street, parking lot, residential or
commercial area, or any public facility such as a school or park shall be screened or enclosed from
view by placement of a solid wood fence, masonry wall or evergreen hedge. All refuse shall be
contained within the screened area.
As shown on the Site Street Improvement Plan (Sheet 6) and Landscape plans, the proposed refuse containers (2)
will be screened by a concrete block wall and partially screened by landscaping. This standard is met.
FINDING: As shown in the analysis above, the proposal meets all of the applicable landscape and screening
standards.
18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE
18.755.010 Purpose and Applicability
B. Applicability. The mixed solid waste and source separated recyclable storage standards shall apply to
new multi-unit residential buildings containing five or more units and nonresidential construction that are
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SDR2014-aR)02 GRI:ENBURG APARTMENTS
subject to full site plan or design review; and are located within urban zones that allow, outright or by
condition, for such uses.
FINDING: The applicant proposes using the "Waste Assessment" method provided for by Code Section
18.755.040.D. The 63-unit multi-family project will be served by two roughly 100 square foot
covered trash and recycling enclosures conveniently located in the center and eastern portion of the
site for use by all residents. The outdoor trash enclosures will be constructed of split-faced CMU
block, with wood and metal accents. The application includes a provider letter from Waste
Management—the franchised hauler serving the area of the site, which states that the plans for solid
waste collection and recycling facilities are adequate. The mixed solid waste and recycling standards
are met.
18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS
18.765.030 General Provisions
E. Visitor parking in multifamily residential developments. Multi-dwelling units with more than 10
required parking spaces shall provide an additional 15% of vehicle parking spaces above the minimum
required for the use of guests of residents of the complex. These spaces shall be centrally located or
distributed throughout the development. Required bicycle parking facilities shall also be centrally located
within or evenly distributed throughout the development
As shown in the Site Plan (Sheet 1), and discussed in the applicant's narrative, the proposal requires 87 parking
spaces and 13 visitor parking spaces (87 x .15 = 13.05 = 13 spaces) for a total of 100 spaces. However, the applicant
has provided 94 spaces on site and requested a 6% adjustment. As shown in the Adjustment section of this
decision, above, the adjustment can be granted. Therefore, this standard is met, as adjusted.
G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking
spaces for disabled persons as specified by the state building code and federal standards. Such parking
spaces shall be sized, signed and marked as required by these regulations.
As shown in the Site Plan (Sheet 1), the parking plan includes two required ADA spaces. Specific design standards
are reviewed at the time of building permit. This standard is met.
18.765.040 General Design Standards
B. Access drives. With regard to access to public streets from off-street parking:
1. Access drives from the street to off-street parking or loading areas shall be designed and constructed to
facilitate the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site;
2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705,
Access, Egress and Circulation;
3. Access drives shall be clearly and permanently marked and defined through use of rails, fences,walls or
other barriers or markers on frontage not occupied by service drives;
4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual
Clearance;
5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious
paving surface must be designed and maintained to remain well-drained; and
6. Excluding single-family and duplex residences, except as provided by 18.810.030.P, groups of two or
more parking spaces shall be served by a service drive so that no backing movements or other
maneuvering within a street or other public right-of-way will be required.
As shown in the Site Plan (Sheet 1), the parking plan meets the general design standards. These standards are met.
I. Parking lot striping.
1. Except for single-family and duplex residences, any area intended to be used to meet the off-street
parking requirements as contained in this chapter shall have all parking spaces clearly marked; and
2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and
maintain vehicular and pedestrian safety.
NOTICE.OF DECISION PAGE 19 OF 29
SDR2014-00002GRIE.1?NBURG AP;ARTMENTI'S
As shown in the Site Plan (Sheet 1), the parking plan shows the required parking lot striping. This standard is met.
J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior landscaped
areas or sidewalks shall be provided with a wheel stop at least four inches high located three feet back
from the front of the parking stall. The front three feet of the parking stall may be concrete, asphalt or low
lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated
to meet landscaping or sidewalk requirements.
As shown in the Site Plan (Sheet 1), the parking plan includes wheel stops. This standard is met.
N. Space and aisle dimensions. (Figure 18.765.1)
As shown in the Site Plan (Sheet 1) proposed parking is consistent with the standards in Figured 18.765.1. The
space and aisle dimensions are met.
18.765.050 Bicycle Parking Design Standards
A. Location and access. With regard to the location and access to bicycle parking:
1. Bicycle parking areas shall be provided at locations within 50 feet of primary entrances to structures;
2. Bicycle parking areas shall not be located within parking aisles, landscape areas or pedestrian ways;
3. Outdoor bicycle parking shall be visible from on-site buildings and/or the street. When the bicycle
parking area is not visible from the street, directional signs shall be used to located the parking area;
4. Bicycle parking may be located inside a building on a floor which has an outdoor entrance open for use
and floor location which does not require the bicyclist to use stairs to gain access to the space. Exceptions
may be made to the latter requirement for parking on upper stories within a multi-story residential
building.
B. Covered parking spaces.
1. When possible, bicycle parking facilities should be provided under cover.
2. Required bicycle parking for uses served by a parking structure must provide for covered bicycle
parking unless the structure will be more than 100 feet from the primary entrance to the building, in which
case, the uncovered bicycle parking may be provided closer to the building entrance.
C. Design requirements. The following design requirements apply to the installation of bicycle racks:
1. The racks required for required bicycle parking spaces shall ensure that bicycles may be securely locked
to them without undue inconvenience. Provision of bicycle lockers for long-term (employee) parking is
encouraged but not required;
2. Bicycle racks must be securely anchored to the ground,wall or other structure;
3. Bicycle parking spaces shall be at least two and one-half feet by six feet long, and,when covered,with a
vertical clearance of seven feet. An access aisle at least five feet wide shall be provided and maintained
beside or between each row of bicycle parking;
4. Each required bicycle parking space must be accessible without moving another bicycle;
5. Required bicycle parking spaces may not be rented or leased except where required motor vehicle
parking is rented or leased. At-cost or deposit fees for bicycle parking are exempt from this requirement;
6. Areas set aside for required bicycle parking must be clearly reserved for bicycle parking only.
E. Minimum bicycle parking requirements. The total number of required bicycle parking spaces for each
use is specified in Table 18.765.2 in 18.765.070.H. In no case shall there be less than two bicycle parking
spaces. Single-family residences and duplexes are excluded from the bicycle parking requirements. The
director may reduce the number of required bicycle parking spaces by means of an adjustment to be
reviewed through a Type II procedure, as governed by Section 18.390.040, using approval criteria
contained in 18.370.020.C.5.e.
The applicant's narrative and Site Plan (Sheet 1) provide for 40 bike parking spaces in eight locations in groups of five
spaces each, which are located within 50 feet of building entrances. In addition, the applicant states 25% of units (16
units) will have indoor bicycle parking spaces. Per Table 18.765.2, 32 spaces are required for a 63 unit development.The
proposal meets the required number and the design specifications for required bike parking. This standard is met.
NOTICE OF DECISION PAGE 20 OF 29
SDR2014-00002 GRRENBURG APARTMENTS
Table 18.765.2 includes the Minimum and Maximum Off-Street Parking Requirements for multi-family
residential use.
The proposal includes 3 one-bedroom units and 30 two-bedroom units requiring 100 off-street parking spaces.
33 one-bedroom units x 1.25 = 42 spaces
30 two-bedroom units x 1.5 = 45 spaces
Guest spaces at 15% x 87 = 13 spaces
Total required 100 spaces
The applicant proposes 94 spaces and has requested a 6% parking space reduction to make up the difference as
provided for in Section 18.370.020.C.7.a
F. Reductions in minimum required vehicle parking. Reductions in the required number of vehicle
parking spaces may be permitted as follows:
1. The director may reduce off-street vehicle parking spaces per subsection H of this section by up to 20%
in new developments for the incorporation of transit-related facilities such as bus stops and pull-outs, bus
shelters, transit-oriented developments and other transit-related development through a Type II
procedure, as governed by Section 18.390.040, using approval criteria contained in 18.370.020.C.7.b.
Applicants who qualify for this adjustment may also apply for further parking reductions per paragraph 2
of this subsection F.
2. The director may reduce the total required off-street vehicle parking spaces per subsection H of this
section by up to a total of 20% by means of parking adjustment to be reviewed through a Type II
procedure, as governed by Section 18.390.040, using approval criteria contained in 18.370.020.C.7.a.
3. The director is authorized to reduce up to 10% of existing required parking spaces at a conversion ratio
of one parking space for each 100 square feet of transit facility for developments which incorporate transit-
related facilities such as bus stops and pull-outs, bus shelters, transit-oriented development or other
transit-related facilities through a Type I procedure, as governed by Section 18.390.030, using approval
criteria contained in 18.370.020.C.7.c.
FINDING: The applicant has requested an adjustment to the minimum required vehicle parking by 6°'0. The
applicant has agreed and been conditioned to work with Triplet to incorporate transit—related
improvements. Findings for the adjustment request are included above under the adjustments
section of this decision. Staff concludes that the proposed reductions in the required number of
vehicle parking spaces may be permitted and the adjustment can be granted. This standard is met.
18.790 URBAN FORESTRY PLAN
18.790.030 Urban Forestry Plan Requirements
A. Urban forestry plan requirements. An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape architect) or a
person that is both a certified arborist and tree risk assessor (the project arborist), except for
minor land partitions that can demonstrate compliance with effective tree canopy cover and soil
volume requirements by planting street trees in open soil volumes only;
An Urban Forestry Plan prepared/approved by a Landscape Architect,James A. Clark, has been provided. This
standard is met.
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual
(UFM);
A tree preservation and removal plan has not been submitted. There are trees on property adjacent to the subject
site located along the property line. The Landscape Architect states that an existing chain link fence on the property
line to the north, and new chain link fence along the other property lines will serve as tree protection for all off-site
NOTICE OF DECISION PAGE 21 OF 29
SDR2014-00002 GREEN BURG APARTMENTS
trees. However, this method would not be sufficient as the drip lines of trees extend over the property lines. The
tree preservation and removal standards have not been met. To meet this standard, the applicant shall submit a tree
protection plan that shows tree protection fencing at the drip line of off-site trees and includes methods to protect
them during construction, consistent with the Urban Forestry Manual. This standard is met.
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
An existing tree plan was provided that identifies the canopy of existing open grown trees. According to the
supplemental report, no concerns regarding soil conditions were identified. The project arborist has signed the
Urban Forestry site plan and attested that the plan meets the tree canopy site plan standards. This standard is met.
4. Meet the supplemental report standards in the Urban Forestry Manual.
A supplemental report was prepared by the project Landscape Architect,James A. Clark,Western Design Group.
The report includes the required inventory data for the existing open grown trees (UFM Section 10, Part 3, and
Subsection D). However,protection measures, consisting of a 5 foot metal fence secured to the ground located
along the dripline of preserved off-site trees, have not been shown on a tree protection plan.
As submitted, the project meets the effective tree canopy in accordance with UFM Section 10, Part 3. Because the
site is zoned 1\IUE-1, the required effective tree canopy is 33% for the entire site and 30% for the parking lot.
According to the supplemental report, the entire development site is 68,481 square feet (33% coverage= 22,598).
As stated in the report and shown on the tree canopy plan, the qualifying mature tree canopy area provided is
46,440 square feet or 68%; this standard is met.
According to the Preliminary Parking Lot Tree Canopy Plan (Sheet L3), the parking lot is 29,248 square feet with a
total qualifying mature tree canopy of 18,908 square feet, or 64.9°'o (30% coverage = 8,774 s£). The minimum 30%
canopy for the parking lot is met.
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15% effective tree
canopy cover will not be provided through any combination of tree planting or preservation for any
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development
site meets or exceeds the standard percent effective tree canopy cover), then the applicant shall
provide the city a tree canopy fee according to the methodology outlined in the tree canopy fee
calculation requirements in the Urban Forestry Manual.
The site meets the canopy requirements; therefore, this standard does not apply.
FINDING: Based on the analysis above, the urban forestry plan requirements are met.
18.790.060 Urban Forestry Plan Implementation
C. Tree Establishment. The establishment of all trees shown to be planted in the tree canopy site
plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved
urban forestry plan shall be guaranteed and required according to the tree establishment
requirements in Section 11, part 2 of the Urban Forestry Manual.
The applicant's proposal does not address tree establishment. Therefore, a condition of approval is added for the
applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section
11, Part 2.
D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban
forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of
stand grown trees in the tree canopy site plan (per Section 18.790.O30.A.3) and supplemental report
(per Section 18.79O.030.A.4) of a previously approved urban forestry plan.
NOTICE OF DECISION PAGE 22 OF 29
SDR2U14-00002 GRI ENBURG APARTMENTS
Section 11, Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant
shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban
forestry plan. This can be met through a condition of approval.
FINDING: Based on the analysis above, the applicable urban forestry tree establishment and inventory
standards can be met with the following conditions of approval.
CONDITIONS: Prior to any ground disturbance work, the project arborist shall perform a site inspection for
tree protection measures, document compliance/non-compliance with the urban forestry
plan and send written verification with a signature of approval directly to the city manager or
designee within one week of the site inspection.
The project arborist shall perform semimonthly (twice monthly) site inspections for tree
protection measures during periods of active site development and construction, document
compliance/non-compliance with the urban forestry plan and send written verification with
a signature of approval directly to the project planner within one week of the site inspection.
Prior to any ground disturbance work, the applicant shall submit to the city the current
Inventory Data Collection fee for urban forestry plan implementation: 27 planted open
grown trees (at $147 first + $28/each additional tree) =$147 + $728 = $875.
Prior to any ground disturbance work, the applicant shall provide a tree establishment bond
that meets the requirements of Urban Forestry Manual Section 11, Part 2: 27 planted open
grown trees x $441/tree = $11,907.
18.795 VISUAL CLEARANCE
18.795.030 Visual Clearance Requirements
A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on
the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a
driveway providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence,wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding three feet in height, measured from the top of the curb, or where no curb exists, from the
street center line grade, except that trees exceeding this height may be located in this area,
provided all branches below eight feet are removed.
FINDING: New apartment construction and landscaping adjacent to the access way will be required to meet the
applicable visual clearance triangle area requirement. The Street Improvement plan (Sheet 6) shows
the visual clearance areas where the private access way intersects with SW Greenburg Road. This
standard is met.
18.810 STREET AND UTILITY IMPROVEMENTS STANDARDS:
18.810.030 Streets
A. Improvements.
1. No development shall occur unless the development has frontage or approved access to a public
street
2. No development shall occur unless streets within the development meet the standards of this
chapter
3. No development shall occur unless the streets adjacent to the development meet the standards
of this chapter, provided, however, that a development may be approved if the adjacent street
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SDR2014-00002 GREEN BURG APARI'nrENTS
does not meet the standards but half-street improvements meeting the standards of this title are
constructed adjacent to the development.
Minimum Rights-of-Way and Street Widths: Section 18.810.030E requires an arterial street to have at
least a 49-foot right-of-way width from centerline and 34-foot paved section (or as required by the
county) with sidewalks 10-feet wide, street lights, storm drainage, and underground utilities.
SW Greenburg Road is adjacent to the site. A 49-foot half-street section is required by Washington County,
including any dedication and street improvements, and has been conditioned. No new streets are proposed. As
conditioned, this standard is met.
H. Street alignment and connections.
1. Full street connections with spacing of no more than 530 feet between connections is required
except where prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other restrictions existing prior to May
1, 1995 which preclude street connections. A full street connection may also be exempted due to
a regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict adherence to other standards
in this code. A street connection or extension is considered precluded when it is not possible to
redesign or reconfigure the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance of 250 feet or more. In
the case of environmental or topographical constraints, the mere presence of a constraint is not
sufficient to show that a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
3. Proposed street or street extensions shall be located to provide direct access to existing or
planned transit stops, commercial services, and other neighborhood facilities, such as schools,
shopping areas and parks.
4. All developments should provide an internal network of connecting streets that provide short, direct
travel routes and minimize travel distances within the development.
Additional street connections in this area are precluded by surrounding existing development. This standard is met.
N. Grades and curves.
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with grades up to 15% for
distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The existing grades along the Greenburg Road frontage are less than 10%. No grade changes are proposed. This
standard is met.
Section 18.81O.03O.CC Requires a traffic study for development proposals meeting certain criteria.
The application includes an April 7, 2014, traffic study prepared by Todd Mobley, P.E. of Lancaster Engineering
assessing the traffic impact on the surrounding streets and recommending any required mitigation. The study
provided anticipated level of service, evaluation of crash history, address spacing and intersection sight distance
analysis. This standard is met.
18.810.050 Easements
A. Easements. Easements for sewers, drainage,water mains, electric lines or other public utilities shall
be either dedicated or provided for in the deed restrictions, and where a development is traversed
by a watercourse or drainageway, there shall be provided a stormwater easement or drainage right-
of-way conforming substantially with the lines of the watercourse.
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SDR2U1400002 GI:1:1?NBURG,iP,1RTAIINTS
B. Utility easements. A property owner proposing a development shall 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 shall be 15 feet unless otherwise specified by the utility company,
applicable district, or city engineer.
The site is fully served by existing utilities. Applicant has stated that any required easements for utilities will be
provided. This standard may be met by condition.
18.810.070 Sidewalks
A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards
along at least one side of the street. All other streets shall have sidewalks meeting city standards
along both sides of the street. A development may be approved if an adjoining street has sidewalks
on the side adjoining the development, even if no sidewalk exists on the other side of the street.
B. Requirement of developers.
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 shall 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).
No additional sidewalks are required.
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified
Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted
policies of the comprehensive plan.
B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems
prior to issuance of development permits involving sewer service.
C. Over-sizing. Proposed sewer systems shall include consideration of additional development within
the area as projected by the comprehensive plan.
An existing public sewer at the southeast corner of the site will serve the site. No other sewer or sewer extension is
required.
18.810.100 Storm Drainage
A. General provisions. The director and city engineer shall issue a development permit only where
adequate provisions for stormwater and floodwater runoff have been made, and:
1.The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
2.Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3.Surface water drainage patterns shall be shown on every development proposal plan.
The site will drain to catch basins in the parking lot and will be directed to a public storm line at the southeast
corner of the site. Applicant has stated that any required easements will be shown on detailed utility plans.
C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to
accommodate potential runoff from its entire upstream drainage area,whether inside or outside the
development, and the city engineer shall approve the necessary size of the facility, based on the
provisions of 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).
There is no upstream drainage.
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SDR2U1409002GR1:1;NBDRG APAR'IMI;N"I'S
D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional
runoff resulting from the development will overload an existing drainage facility, the director and
engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional
runoff caused by the development in accordance with the 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).
Applicant's engineer has submitted preliminary detention calculations. This standard may be met by condition.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean
Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No.
07-20) which require the construction of on-site water quality facilities. The facilities shall be
designed in accordance with the CWS Design and Construction Standards for Sanitary Sewer and
Surface Water Management and shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method
to be used in keeping the facility maintained through the year.
An underground water quality facility is proposed. This standard may be met by condition.
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impervious area reduction program
resulting in no net increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide onsite detention
facilities, unless the development is located adjacent to Fanno Creek. For those developments
adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The applicant's engineer has submitted preliminary detention calculations. This standard may be met by condition.
18.810.120 Utilities
A. Underground utilities. All utility lines including, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
1. The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
2. The city reserves the right to approve location of all surface mounted facilities;
3. All underground utilities, including sanitary sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough to avoid disturbing the street improvements
when service connections are made.
C. Exception to undergrounding requirement.
1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed
to take place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the
development. The determination shall be on a case-by-case basis. The most common, but not the
only, such situation is a short frontage development for which undergrounding would result in
the placement of additional poles, rather than the removal of above-ground utilities facilities.
NOTICE OF DECISION PAGE 26 OF 29
SDR2014-00002 GREENBUR(3 A1)1R'1'MINTS
2. An applicant for a development which is served by utilities which are not underground and
which are located across a public right-of-way from the applicant's property shall pay the fee in-
lieu of undergrounding.
There are existing overhead utility lines along the opposite side of SW Greenburg Road. Payment of a fee in-lieu of
undergrounding the utilities is required and estimated at$3,500. All new utilities serving the subject property shall
be placed underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
The applicant shall provide approval from Tualatin Valley Fire & Rescue (TVF&R) for access and hydrant location
prior to any work on site.
Public Water System:
Tualatin Valley Water District (TVWD) provides service in this area. The application includes a service provider
letter from TVWD stating that adequate capacity is available to provide service to the proposed development.
Prior to any work on site the applicant shall provide documented approval from the Tualatin Valley Water District
(TVWD) of the design of water service to the site. TVWD approval of construction shall be obtained prior to final
inspection.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment
and other pollutants reaching the public storm and surface water system resulting from development,
construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior
to issuance of City permits.
The applicant shall meet the requirements of the Federal Clean Water Act regarding National Pollutant
Discharge Elimination System (NPDES) erosion control permits that may be needed for this project.
The applicant shall follow all applicable requirements regarding erosion control,particularly those of the Federal
Clean Water Act, State of Oregon, Clean Water Services, and City of Tigard including obtaining and abiding by the
conditions of NPDES 1200-C or 1200-C-N permits as applicable. .
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility
installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained prior to any work
on site and prior to issuance of the building permit.
B. IMPACT STUDY
SECTION 18.390.040.B.e requires that the applicant include an impact study. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage system, the parks system, the water
system, the sewer system, and the noise impacts of the development. For each public facility system and type
of impact of the development on the public at large, public facilities systems, and affected private property
users. In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with the dedication of real property interest, or provide
evidence which supports the conclusion that the real property dedication requirement is not roughly
proportional to the projected impacts of the development.
The applicant's narrative includes an impact study that addresses impacts of the proposed development on public
facilities and services. The proposed development of 63 apartment units will add traffic impacts to the city. The
county transportation system will be offset with frontage improvements to SW Greenburg Road as well as payment
of the Transportation Development Tax. The applicant proposes to collect storm drainage from the site, detain and
NOIICH OF DECISION PAGE 27 OF 29
SDR20140(9 02 GR1;1;NBURG APARTMENTS
treat it in an underground facility. A sewer line is available to the site. No negative noise impacts are anticipated
from this residential development. In addition to the Transportation Development Tax, each new unit will be
assessed a Parks Development Fee at issuance of building permits.
ROUGH PROPORTIONALITY ANALYSIS
The Transportation Development Tax (TDT) is a mitigation measure required for new development and will be
paid at the time of building permits. Based on Washington County implementation figures for 2014/2015, TDTs
are expected to recapture approximately 33.0 percent of the traffic impact of new development on the Collector and
Arterial Street system. Based on the use and the size of the use proposed and upon completion of this development,
the future builders of the residences will be required to pay TDTs of approximately $331,191 ($5,257 x 63 new
multi-family dwelling units.
Based on the estimate that total TDT fees cover 33.0 percent of the impact on major street improvements citywide,
a fee that would cover 100 percent of this project's traffic impact is $1,003,609 ($331,191 _ 0.33). The difference
between the TDT paid and the full impact,is considered the unmitigated impact.
FINDING: Using the above cost factors, an estimated total of $331,191 TDT is required, resulting in a net
unmitigated impact of $672,418. Therefore, the required assessment is substantially less than the
impacts of the proposed development.
SECTION VII. OTHER STAFF COMMENTS
The City Police Department reviewed the proposal and has requested a detailed lighting plan to ensure
reasonable and adequate steps to deter crime are considered.
The City Public Works Department reviewed the proposal but did not provide comment.
The City Development Review Engineer (Contact Greg Berry, 503-718-2468) has reviewed the proposal and
provided comment in a Memorandum dated November 10, 2014,which can be found in the land use file and as an
attachment to this decision. The findings and conclusions in the Memorandum have been incorporated into this
land use decision.
SECTION VIII. AGENCY COMMENTS
Washington County Department of Land Use and Transportation provided a comment letter dated December
30, 2014 including conditions of approval required prior to issuance of building permits and prior to occupancy.
These conditions are included as conditions in this decision.
Tualatin Valley Water District (Stewart Davis) reviewed the proposal and determined that TVWD has capacity to
serve the property from an 8-inch line in SW Greenburg Road.
Clean Water Services (Jackie Sue Humphreys, 503-681-3600) has reviewed this proposal and issued a letter dated
November 12, 2014 stating conditions to be met prior to any work on the site. In addition, a Sensitive Area Pre-
Screening Site Assessment Letter (File No. 14-000384) finds that the project will not significantly impact the
existing or potentially sensitive areas found near the site.
Frontier reviewed the application and has no issue with it, except that one pole may have an issue.
Portland General Electric reviewed the application and has not issue with it.
Tualatin Valley Fire and Rescue (John Wolfe, 503-259-1504) has reviewed the proposal and provided comments
in an October 30, 2014 letter regarding requirements for fire sprinklers. In addition, Mr. Wolff conditionally
approved the proposed plans for an alternate means of fire protection for the one-access site. The applicant has
been conditioned to obtain approval from TVFR prior to issuance of building permits.
NOTICE OF DECISION PAGE 28 OF 29
SDR2014-00002 GREENBURG APARTMENTS
Attachments:
Exhibit 1: Site Plan
Exhibit 2: Zoning Map
Exhibit 3: The City of Tigard Development Review Engineer Memo, dated November 10, 2014
Exhibit 4:Washington County Department of Land Use and Transportation,Letter dated
December 30,2014
SECTION IX. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to:
X The applicant and owners
X Owners of record within the required distance
X Affected government agencies
Final Decision:
I THIS DECISION IS FINAL ON MAY 15, 2015 AND
i
EFFECTIVE ON JUNE 5, 2015 UNLESS AN APPEAL IS FILED.
Areal:
The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section
18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community
Development Code winch provides that a written appeal together with the required fee shall be filed with the
Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and
forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon
97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal
hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body.
1 THE DEADLINE FOR FILING AN APPEAL IS 4:00 PM ON JUNE 4, 2015. I r Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-417 .:
1r2 i -:__.
/ May 15,2015
PREPARED BY: 7 Gary P. genstecher DATE
Associate Planner
•
.„,d Air May 15,2015
APPROVE'T9,BY: om McGuire DATE
Assistant Community Development Director
NOTICE OF DECISION PAGE 29 OF 29
SDR2014-00002 GREENBURG APARTMENTS
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CORAL S T COMMUNITY DEVELOPMENT DEPARTMENT R ��_�4 A Pace to Call Home tV t �7 VP City of Tigard
P D _ �GV •PS 13125 SW Hall Blvd
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Exhibit 3
r City of Tigard
Memorandum
To: Agnes Kowacz, Associate Planner
From: Greg Berry, Project Engineer
Re: SDR 2014-02; Greenburg Apartments
Date: November 10, 2014
Access Management (Section 18.705)
Section 18.705.030.B requires site plans be presented for approval showing how access
requirements are to be fulfilled in accordance with this chapter.
The application includes a site and utility plan for a proposed 66 unit apartment complex.
Section 18.705.030.D states that all vehicular access and egress ... shall connect directly with
a public or private street approved by the City for public use and shall be maintained at the
required standards on a continuous basis.
A driveway directly connected to SW Greenburg Rd. will provide access to the site. This standard is
met.
Section 18.705.F Required walkways
PLANNING
Section 18.705.030.H.1 states that an access report shall be submitted with all new
development proposals which verifies design of driveways and streets are safe by meeting
adequate stacking needs, sight distance and deceleration standards as set by ODOT,
Washington County, the City and/or AASHTO (depending on jurisdiction of facility).
A driveway along will provide access to the site. The application includes a preliminary sight
distance analysis concluding that adequate sight distance is available at the site access. It appears that
this standard can be met, but sight distance will need to be verified at final design and after
construction to verify that no changes have been made or objects added that would obscure
Prior to any work on site, the applicant's engineer shall submit a preliminary access report to City
engineering staff which verifies design of driveways and streets to be used by site traffic are safe by
V
meeting adequate stacking needs, sight distance and deceleration standards as set by the City and
AASHTO.
Upon completion of the improvements, the applicant's engineer shall submit a final access report to
City engineering staff which verifies design of driveways and streets to be used by site traffic are safe
by meeting adequate stacking needs, sight distance and deceleration standards as set by the City and
AASHTO. The applicant shall obtain approval of this report prior to final inspection.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the
influence area of collector or arterial street intersections. Influence area of intersections is
that area where queues of traffic commonly form on approach to an intersection. The
minimum driveway setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat of the proposed
driveway. The setback may be greater depending upon the influence area, as determined
from City Engineer review of a traffic impact report submitted by the applicant's traffic
engineer. In a case where a project has less than 150 feet of street frontage, the applicant
must explore any option for shared access with the adjacent parcel. If shared access is not
possible or practical, the driveway shall be placed as far from the intersection as possible.
The nearest collector or arterial street intersection is Hall Blvd. The driveway is more than 150 feet
from Hall Blvd. so this standard is met.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets
along a collector shall be 200 feet. The minimum spacing of driveways and streets along an
arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be
125 feet.
SW Greenburg Rd is a county arterial street requiring a minimum spacing of 600 feet. The SW
Washington Square Drive and SW Summit (Gormartin) Lane intersections are about 425 feet apart.
The proposed driveway location maximizes intersection separation. The standard is met.
Section 18.705.030.I includes minimum access requirements for residential use. For
multifamily use developments with 50 to 100 units, two accesses are required with a minimum
paved width of 24 feet with curbs and a 5-foot sidewalk within a 30-foot width.
The applicant's traffic engineer has submitted a report concluding that only one access is feasible
and that it will operate at an A level of service. The standard is met.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a
portion of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030E requires an arterial street to
have at least a 49-foot right-of-way width from centerline and 34-foot paved section (or as
required by the county) with sidewalks 10-feet wide, street lights, storm drainage, and
underground utilities.
No streets within the development are proposed.
This standard is expected to be met.
Street Alignment and Connections:
Section 18.630.040 and 18.810.030.H.1 state that full street connections with spacing of no
more than 530 feet between connections is required. Exceptions can be made 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.
Additional street connections in this area are precluded by surrounding existing development.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on
arterials, 12% on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades up to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determined by the City Engineer.
The existing grades along the Greenburg Road frontage are less than 10%. No grade changes are
proposed. This standard is met.
Traffic Study: Section 18.810.030.CC Requires a traffic study for development proposals
meeting certain criteria.
The application includes an April 7, 2014, traffic study prepared by Todd Mobley,P.E. of Lancaster
Engineering assessing the traffic impact on the surrounding streets and recommending any required
mitigation. The study provided anticipated level of service, evaluation of crash history, address
spacing and intersection sight distance analysis.
This standard is met.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 2,000 feet measured along the right-of-way line except:
• Where street location is precluded by natural topography,wetlands or other bodies of water
or,pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
• For non-residential blocks in which internal public circulation provides equivalent access.
No blocks are proposed.
Easements:
Section 18.810.050 states that easements for sewers, drainage,water mains, electric lines, or
other public utilities shall be either dedicated or provided for in the deed restrictions, and
where a development is traversed by a watercourse or drainageway, there shall be provided a
stormwater easement or drainage right-of-way conforming substantially with the lines of the
watercourse.
Section 18.810.050.B states that a property owner proposing a development shall 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 mainline easements shall be 15 feet unless
otherwise specified by the utility company, applicable district, or city engineer.
The site is fully served by existing utilities. Applicant has stated that any required easements for
utilities will be provided. This standard may be met by condition.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards along at least one side of private and industrial streets.
No streets are proposed. This standard is met.
Section 18.810.070.B states that if there is an existing sidewalk on the same side of the street
as the development within 300 feet in either direction, the sidewalk shall be extended from
the site to meet the existing sidewalk, subject to rough proportionality.
No additional sidewalks are required.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions
or amendments) and the adopted policies of the comprehensive plan.
Sewer Plan approval: Section 18.810.090.B requires that the applicant obtain City Engineer
approval of all sanitary sewer plans and proposed systems prior to issuance of development
permits involving sewer service.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
An existing public sewer at the southeast corner of the site will serve the site. No other sewer or
sewer extension is required.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions
for storm water and flood water runoff.
The site will drain to catch basins in the parking lot and will be directed to a public storm line at the
southeast corner of the site. Applicant has stated that any required easements will be shown on
detailed utility plans.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire
upstream drainage area, whether inside or outside the development. The City Engineer
shall approve the necessary size of the facility, based on the provisions of Design and
Construction Standards for Sanitary and Surface Water Management (as adopted by Clean
Water Services in 2000 and including any future revisions or amendments).
There is no upstream drainage.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by
the City Engineer that the additional runoff resulting from the development will overload an
existing drainage facility, the Director and Engineer shall withhold approval of the
development until provisions have been made for improvement of the potential condition or
until provisions have been made for storage of additional runoff caused by the development
in accordance with the Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 2007 and including any future
revisions or amendments).
Applicant's engineer has submitted preliminary detention calculations. This standard may be met by
condition.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established
by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution
and Order No. 07-20) which require the construction of on-site water quality facilities. The
facilities shall be designed in accordance with the CWS Design and Construction Standards
for Sanitary Sewer and Surface Water Management and shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff generated
from newly created impervious surfaces. In addition, a maintenance plan shall be
submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
An underground water quality facility is proposed. This standard may be met by condition.
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted
the Fanno Creek Watershed Management Plan. Section V of that plan includes a
recommendation that local governments institute a stormwater detention/effective
impervious area reduction program resulting in no net increase in storm peak flows up to
the 25-year event. The City will require that all new developments resulting in an increase
of impervious surfaces of more than 1,000 square feet provide onsite detention facilities,
unless the development is located adjacent to Fanno Creek. For those developments
adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without
detention, but a fee-in-lieu would be required.
The applicant's engineer has submitted preliminary detention calculations. This standard may be
met by condition.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes
and meter cabinets which may be placed above ground, temporary utility service facilities
during construction, high capacity electric lines operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer
shall pay a fee in-lieu of under-grounding costs when the development is proposed to take
place on a street where existing utilities which are not underground will serve the
development and the approval authority determines that the cost and technical difficulty of
under-grounding the utilities outweighs the benefit of under-grounding in conjunction with
the development. The determination shall be on a case-by-case basis. The most common,
but not the only, such situation is a short frontage development for which under-grounding
would result in the placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by utilities which are not
underground and which are located across a public right-of-way from the applicant's
property shall pay a fee in-lieu of under-grounding.
There are existing overhead utility lines along the opposite side of SW Greenburg Road. Payment of
a fee in-lieu of undergrounding the utilities is required and estimated at$3,500.
Fire and Life Safety:
The applicant shall provide approval from Tualatin Valley Fire& Rescue (TVF&R) for access and
hydrant location prior to any work on site.
Public Water System:
Tualatin Valley Water District (TVWD) provides service in this area. The application includes a
service provider letter from TVWD stating that adequate capacity is available to provide service to
the proposed development.
Prior to any work on site the applicant shall provide documented approval from the Tualatin Valley
Water District (TVWD) of the design of water service to the site. TVWD approval of construction
shall be obtained prior to final inspection.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to reduce the amount
of sediment and other pollutants reaching the public storm and surface water system
resulting from development, construction, grading, excavating, clearing, and any other
activity which accelerates erosion. Per CWS regulations, the applicant is required to submit
an erosion control plan for City review and approval prior to issuance of City permits.
The applicant shall meet the requirements of the Federal Clean Water Act regarding
National Pollutant Discharge Elimination System (NPDES) erosion control permits that
may be needed for this project.
The applicant shall follow all applicable requirements regarding erosion control, particularly those of
the Federal Clean Water Act, State of Oregon, Clean Water Services, and City of Tigard including
obtaining and abiding by the conditions of NPDES 1200-C or 1200-C-N permits as applicable. .
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site
private utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be
obtained prior to any work on site and prior to issuance of the building permit.
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ANY WORK
ON SITE:
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @tigard-or.gov)
for review and approval:
Prior to issuance of building permits, a Public Facility Improvement (PFI) permit is required
for this project to cover street improvements, public utility issues, and any other work in the
public right-of-way. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be designated as the
"Permittee".
Prior to any work on site, the applicant's engineer shall submit a preliminary access report to
City engineering staff which verifies design of driveways and streets to be used by site traffic
are safe by meeting adequate stacking needs, sight distance and deceleration standards as set
by the City and AASHTO.
Prior to any work on site,the applicant shall submit the plan and profile location of the public
storm drain and sanitary sewer proposed to serve the site and executed agreements for any
required easements.
Prior to any work on site,the applicant shall obtain county approval of plans to construct
improvements to Greenburg Road.
An erosion control plan shall be provided as part of the Public Facility Improvement (PFI)
permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control
Design and Planning Manual, February 2003 edition (and any subsequent versions or updates)."
Prior to issuance of building permits, the applicant shall obtain all permits and service provider
letters necessary from all appropriate agencies (such as Washington County, Tualatin Valley
Water Department and Clean Water Services) for all work to be done on site.
Prior to issuance of building permits, the applicant shall obtain approval from Tualatin Valley
Fire and Rescue.
Prior to any ground disturbance on the site the applicant shall obtain an erosion control permit
issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act.
Prior to issuance of building permits, the applicant shall obtain city and CWS approval of
plans for the construction of the stormwater treatment facilities.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF
AN OCCUPANCY PERMIT:
Submit to the Engineering Department (Greg Berry, 503-718-2468 or greg @tigard-or.gov)
for review and approval:
Prior to issuance of an Occupancy Permit, the applicant shall obtain city and CWS approval
of the complete construction of the stormwater treatment facilities and maintenance plans.
Prior to issuance of an Occupancy Permit, the applicant shall obtain city approval of the
complete construction of the proposed driveway. The applicant's engineer shall submit a
final access report to City engineering staff which verifies design of driveways and streets to
be used by site traffic are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by the City and AASHTO.
Prior to issuance of an occupancy permit, the applicant shall obtain county approval of
constructed improvements to Greenburg Road.
Prior to issuance of an Occupancy Permit, the applicant shall pay the fee in-lieu of
undergrounding overhead utilities.
I:\ENG\Development Engineering\Greenburg\9560 Greenburg Apartments\SDP.14-00002 Comments Grcenburg Apts.docx
Exhibit 4
WASHINGTON COUNTY, OREGON
Department of Land Use and Transportation,Operations&Maintenance Division
1AV1400 SW Walnut Street,MS 51,Hillsboro,Oregon 97123-5625
(503)846-7623-FAX:(503)846-7620
December 30, 2014
Gary Pagenstecher
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
No. of pages: 5
RE: Greenburg Apartments
City File Number: (SDR) 2014-00002
County File Number: CD-44/CP-45
Tax Map and Lot Number: 1S1-26DC00900
Location: 9550 SW Greenburg Road
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Washington County Department of Land Use and Transportation has reviewed this
development application and submits the following comments and required conditions for
access to SW Greenburg Road, a County-maintained Arterial (5 Lanes).
1. The applicant is requesting approval of a 66-unit apartment complex with access to SW
Greenburg Road. The minimum access spacing standard for SW Greenburg Road is
600 feet, measured between access points on each side of the road as required by
Resolution and Order 86-95 (R&O 86-95) and Section 501-8.5.B of the Community
Development Code.
The proposed access to SW Greenburg Road does not meet this spacing
standard. In compliance with R&O 86-95, the applicant submitted a Traffic Impact
Analysis for the proposed access to SW Greenburg Road. Based on the
information included in the report, the proposed access will not require
additional traffic mitigation measures and can be expected to operate safely. To
City Casefile(SDR)2014-0002
Page 1 of 5 Lzi
implement the County's access-spacing standards, the applicant will be required
to record a motor vehicle access restriction along the site's entire SW Greenburg
Road frontage.
2. Resolution and Order 86-95 requires a minimum sight distance (measured in feet) equal
to ten times the vehicular speed of the road(s) at proposed access location(s). This
requirement applies to sight distance in both directions at each access.
Before the County will permit access to SW Greenburg Road, the applicant will be
required to provide certification from a registered professional engineer that
adequate sight distance exists in both directions (or can be obtained pursuant to
specific improvements)prior commencing onsite construction activities.
3. Consistent with statewide pedestrian circulation/linkage goals of the Transportation
Planning Rule and the County's R&O 86-95 (road safety requirements), the County
normally requires sidewalk installation as a minimum road safety improvement along site
frontage of all County-maintained roads. Sidewalks further establish future street
profiles, demarcate County or City right-of-way, and address drainage issues. Sidewalk
requirements are not generally waived, even when sidewalk is not currently present on
neighboring properties. Rather, even non-contiguous sidewalk is considered to provide
some measure of pedestrian refuge and ideally, makes possible eventual connection of
sidewalks (as surrounding development takes place and is likewise conditioned to
provide sidewalk). Additionally, the Washington County Road Design and Construction
Standards require provision of adequate drainage along a site's frontage of a county
road.
Sidewalks and drainage exist along the site's frontage of SW Greenburg Road
however the improvements are not to current County standards identified in the
Washington County Transportation System Plan and Road Design Standards. The
applicant is required to construct the half-street improvement to include a 6' bike
lane, gutter, curb, 6'sidewalk and a 5'foot planter strip with street trees to County
Road Design/Construction Standards. Staff notes the existing pavement may be
required to be reconstructed to the centerline of SW Greenburg Road.
4. The statewide Transportation Planning Rule requires provision for adequate
transportation facilities in order for development to occur. Accordingly, the County has
classified roads and road segments within the County system based upon their function.
The current Transportation Plan (regularly updated) contains adequate right-of-way, road
width and lane provision standards based upon each roadway's classification. Subject
right of way is considered deficient if half-width of the existing right of way does not meet
that determined necessary within the County's current transportation plan.
The applicant is required to dedicate additional right-of-way to provide 49 feet from
centerline of SW Greenburg Road.
NOTE:All private signage and improvements are required to be located outside of the dedicated ROW.
City Casefile(SDR)2014-0002
Page 2 of 5
5. ILLUMINATION- Resolution and Order No. 86-95 requires access points on collectors
and arterials to be adequately illuminated.
To meet this requirement, a public street light will have to be installed at the
proposed site access to SW Greenburg Road (Contact Ed Anderson —
503.846.7956).
6. Washington County requires submittal of an Access Report when estimated daily trip
generation of a project and existing traffic levels on the adjacent County road exceed
given limits as determined by R&O 86-95.
Washington County Traffic Engineering staff reviewed the Traffic Impact Analysis
(Lancaster Engineering — April 7, 2014 & December 23, 2014) submitted for this
development proposal as required by R&O 86-95. Based on the results included in
the report, additional traffic mitigation on County-maintained roads is not
warranted at this time.
REQUIRED CONDITIONS OF APPROVAL
Refer to the following link to access Washington County Road Design and Construction Standards:
http://www.co.wasl rington.or.us/LUT/Divisions/Engineering/ConsuitantResources/raa d-design-standards.cfm
PRIOR TO ISSUANCE OF A BUILDING PERMIT BY THE CITY OF TIGARD:
A. The following shall be recorded with Washington County (Contact Scott Young,
Survey Division: 846-7933):
1. Dedication of additional right-of-way to provide 49 feet from the centerline
of SW Greenburg Road.
2. Provision of a non-access reservation along SW Greenburg Road frontage
except at the access approved in conjunction with this application.
B. Submit to Washington County Public Assurance Staff, 503-846-3843:
1. Completed "Design Option"form.
2. $3,735.00 Administration Deposit.
NOTE: The Administration Deposit is a cost-recovery account used to pay for County services
provided to the developer, including plan review and approval, field inspections, as-built approval,
and project administration. The Administration Deposit amount noted above is an estimate of
what it will cost to provide these services. If, during the course of the project, the Administration
Deposit account is running low, additional funds will be requested to cover the estimated time left
on the project(at then-current rates per the adopted Washington County Fee Schedule). If there
are any unspent funds at project close out, they will be refunded to the applicant. Any point of
contact with County staff can be a chargeable cost. If project plans are not complete or do not
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comply with County standards and codes, costs will be higher. There is a charge to cover the cost
of every field inspection. Costs for enforcement actions will also be charred to the applicant.
3. A copy of the City's Land Use Approval with Conditions, signed and dated.
4. Preliminary certification of adequate sight distance for each access point to
SW Greenburg Road, in accordance with County Code, prepared and
stamped by a registered professional engineer, as well as:
a. A detailed list of improvements necessary to produce adequate
intersection sight distance (refer to the following webpage for sight
distance certification submittal requirements).
http://www.co.washington.or.us/LUT/Divisions/CurrentPlanninp/development-application-forms.cfm
5. Three (3) sets of complete engineering plans for construction of the
following public improvements:
a. Construction of a half-street improvement (existing lane
configuration to remain the same) to include a 6' bike lane with 2'
buffer, gutter, curb, 6' sidewalk separated by a 5' planter strip to
County Standards. Reconstruction of the existing pavement to the
centerline of SW Greenburg Road may be required. Street trees
shall be installed at intervals required by the City of Tigard.
b. Access to SW Greenburg Road to County standards.
c. Improvements within the right-of-way as necessary to provide
adequate intersection sight distance at SW Greenburg Road access
point.
d. Closure of all existing driveways to SW Greenburg Road, other than
the access approved by Washington County under the current land
use application.
e. Installation of illumination at the site's access to SW Greenburg
Road to County Standards.
C. Obtain a Washington County Facility Permit upon completion of the following:
1. Obtain Engineering Division approval and provide a financial assurance for
the construction of the public improvements listed in conditions I.B.5.
NOTE: The Public Assurance staff (503-846-3843) will send the required forms to the applicant's
representative after submittal and approval of items listed under I.B.
The Facility Permit allows construction work within County rights-of-way and permits
site access only after the developer first submits plans and obtains Washington County
Engineering approval, obtains required grading and erosion control permits, and satisfies
various other requirements of Washington County's Assurances Section including but not
limited to execution of financial and contractual agreements. This process ensures that
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the developer accepts responsibility for construction of public improvements, and that
improvements are closely monitored, inspected, and built to standard in a timely manner.
Access will only be permitted under the required Washington County Facility
Permit, and only following submittal and County acceptance of all materials
required under the facility permit process.
2, Provide evidence that documents reflecting required provisions under I.A.
have been recorded.
H. PRIOR TO OCCUPANCY:
Obtain a Finaled Washington County Facility Permit, contingent upon the following:
A. The road improvements required in condition 1.B.5. above shall be completed and
accepted by Washington County.
B. Upon completion of necessary improvements, submit final certification of
adequate sight distance in accordance with County Code, prepared and stamped
by a registered professional engineer.
Requirements identified within this letter are considered by the County to be minimum
warranted improvements (and/or analyses) that are necessitated by the proposed
development, therefore it is requested that they be conveyed to the applicant within the City's
Approval document. Please send a copy of the subsequent Final City Notice of Decision and
any appeal information to the County.
Thank you for the opportunity to comment. If you have any questions, please contact me
at 503-846-7639.
\ .\,(70./,-...L. ' C)\.
Naomi Vogel
Associate Plan n r
Cc: Rob Saxton,P.E.-Road&Bridge Engineering Services
Paul Seitz,Assurances Section
Transportation File
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