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PDR2017-00004 Decision
NOTICE OF FINAL ORDER OF THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A PLANNED DEVELOPMENT REVIEW DETAILED PLAN, SENSITIVE LANDS REVIEW, AND MINOR LAND PARTITION. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON FEBRUARY 5, 2018. THE PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER. 120 DAYS = 4/23/18 SECTION I. APPLICATION SUMMARY FILE NOs.: Planned Development Review PDR2017-00004 Sensitive Lands Review SLR2017-00005 Minor Land Partition MLP2017-00009 FILE TITLE: FIELDS PROPERTY DETAILED PLANNED DEVELOPMENT REVIEW APPLICANT: DBG Properties c/o Skip Grodahl 2164 SW Park Place Portland, OR 97204 OWNER: Fred W. Fields Revocable Living Trust c/o Miller Nash Graham&Dunn LLP 3400 U.S. Bankcorp Tower 111 SW Fifth Ave Portland, OR 97204 REQUEST: Planned Development Detailed Development Plan, Minor Land Partition, and Sensitive Lands Review(for slopes greater than 25 percent) approvals are requested for the proposed Fields Property Planned Development. The land partition application will create two development parcels for multifamily residential and employment development. The application is for site and vertical development on Parcel 1 which includes approximately 264 multifamily residential units in five buildings and a clubhouse, and site development on Parcel 2 to prepare it for future vertical development for employment uses. This application is for the residential development and infrastructure to support both the residential and employment developments. The Tigard Planning Commission approved the Planned Development Concept Plan at its August 14, 2017, public hearing (PDR2017-00001) with six conditions of STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 1 OF 70 approval.This application is the second phase of the two-phase Planned Development application process for the multifamily development on site. The employment development on site will be reviewed through a subsequent Detailed Development Plan application. LOCATION: The subject property is located south of Hunziker Road and east of Wall Street; Washington County Tax Map 2S10100 Tax Lot 1600 COMP PLAN DESIGNATION/ ZONING DISTRICT: MUE:mixed-use employment. Planned Development Overlay(PD) APPLICABLE Community Development Code Chapters: 18.350, 18.420, 18.520, 18.705 REVIEW 18.715, 18.730, 18.745, 18.755, 18.765, 18.775, 18.790, 18.795, and 18.810. CRITERIA: SECTION II PLANNING COMMISSION DECISION The Planning Commission finds that the proposed Planned Development Detailed Plan, Sensitive Lands Review, and Minor Land Partition will not adversely affect the health, safety and welfare of the City and meets the Approval Standards as outlined in Section VI of this report. Therefore, the Planning Commission APPROVES the proposed Planned Development Detailed Plan, Sensitive Lands Review, and Minor Land Partition subject to the following Conditions of Approval. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 2 OF 70 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the Community Development Department Attn: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 2. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non- compliance with the urban forestry plan and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 3. Prior to site improvements, the applicant shall remit payment into the Urban Forestry Fund for tree planting and early establishment in the amount of $566 for providing one less street tree than is otherwise required. 4. Prior to site improvements, the applicant shall provide a tree establishment bond in the amount of $126,015 (271 planted trees x$465/tree). 5. Prior to site improvements, 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 in the amount of $15,500 ($156 + $15,344 ($28/tree x 548 trees)). 6. Prior to site work, the applicant shall submit revised plans showing at minimum a five-foot walkway connecting to Wall Street across Parcel 2. 7. Prior to site work, the applicant shall submit a service provider letter from Pride Disposal verifying the proposed mixed solid waste and recyclable storage facilities meet applicable design and location criteria. 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 ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 8. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Fire Codes • Other applicable County, State, and Federal Codes and Standard Guidelines STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 3 OF 70 9. Improvements associated with public infrastructures including street and right of way dedication, utilities, grading, water quality and quantity facility, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review, modification, and approval. 10. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including stormwater Water Quality Facility and any other work in the public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of improvements associated with public infrastructures including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public Facility Improvement permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page (www.tigard-or.gov). 11. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 12. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided onsite. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project 13. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis for Hunziker Rd and Wall St for the review and approval. If new streetlights are required based on the photometric analysis, the Applicant shall submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. 14. Prior to commencing of site improvements, the Applicant shall submit plans as part of the PFI Permit showing the following items along the proposed development frontages to Engineering Division for review and approval: Hunziker Rd (for the length of the subject property's frontage): • 37-foot from centerline right of way dedication • 8-foot PUE • 24-foot from centerline pavement construction meeting the Collector St standard cross section • Curb and gutter • 5-foot planter • 8-foot concrete sidewalk • Street trees in planter strip spaced per TDC requirements • Street lights per approved photometric analysis • Driveway approach per City Standard Detail for Commercial Driveway • Pavement and curb transition STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 4 OF 70 • Storm drainage improvement including but not limited to reconstructing existing storm drainage system meeting Clean Water Services Design and Construction Standards • Water quality treatment for runoff from new roadway and sidewalk • Street signs, names and traffic control devices, striping meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards • Mail boxes if applicable Wall St (for the length of the subject property's frontage): • 52-foot right of way dedication • 8-foot PUE on north side of Wall Street • 34-foot curb to curb pavement construction meeting the Collector St standard cross section • Curb and gutter on both sides of the street • 5-foot planter • 6-foot concrete sidewalk • Street trees in planter strip spaced per TDC requirements • Street lights per approved photometric analysis • Driveway approaches • Pavement and curb transition • Storm drainage improvement including but not limited to reconstructing existing storm drainage system meeting Clean Water Services Design and Construction Standards • Water quality treatment for runoff from new roadway and sidewalk • Street signs, names and traffic control devices, striping meeting the Manual of Uniform Traffic Control Devices (MUTCD) and the City of Tigard Standards • Mail boxes if applicable 76th Ave: • 25-foot from centerline right of way dedication • 8-foot concrete pedestrian path including bollards with solar lighting • Water quality treatment for runoff from new pedestrian path Along the property line northeast of the development: • 25-foot transportation and utility easement connecting the dedicated 76th Ave right-of-way with Hunziker St. 15. Prior to commencing of site improvements, the Applicant shall coordinate their street improvements plans with those being prepared by the City and the adjacent developer for both Hunziker and Wall Streets. 16. Prior to commencing of site improvements, the Applicant shall coordinate with the City and Trimet to provide a safe and direct pedestrian route to the Bus Line #78, existing bus stop located in front of the apartment complex, TL 2S101DB00200, on Hunziker Rd. Relocating the bus stop and providing an onsite pedestrian path connecting the existing neighborhood and the apartment complex northwest of the site to Hunziker Rd are acceptable possibilities. 17. Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating that all existing overhead utilities will be placed underground. 18. Prior to commencing of site improvements, pay the fee in lieu of underground for the existing low voltage utilities located across the right of way on Hunziker Rd. The fee shall be assessed in accordance with the City Master Fees and Charges Schedule. 19. Prior to commencing of site improvements, the Applicant shall submit the final traffic mitigation methodology and the construction estimates of the interim mitigation and the development cost sharing, toward the future permanent improvement in accordance with the Transportation System Plan (TSP) at Hall and Hunziker, and Hunziker and Scoffins intersections for review and approval. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 5 OF 70 20. Prior to commencing of site improvements, the Applicant shall submit a final storm drainage report to Engineering for review and approval. The report shall be prepared in accordance with Clean Water Services Design and Construction Standards and shall include evidences on how stormwater run-off from the proposed development is going to be captured, conveyed, treated and detained. The report also must address how abutting storm drainage on SW Hunziker Rd and Wall St, as well as the existing neighborhood located upstream from the site is going to be handled. The report shall also include a maintenance plan for all the stormwater treatment and detention facilities per the CWS Design and Construction Standards. 21. Prior to commencing site improvements, the Applicant shall submit design plans for the onsite and offsite stormwater facilities meeting the Clean Water Services Design and Construction Standards. Additionally, the stormwater design must meet applicable Federal (SLOPS V) Standards as required by the wetlands fill permit issued by the US Army Corps of Engineers. 22. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization. Prior to issuance of the Public Facility Improvement Permit,plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. 23. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire and Rescue for fire flow, hydrant placement and emergency vehicular access. 24. Prior to commencing of site improvements, the Applicant shall submit a plan showing the location of all new mains, fire hydrants, services, meters, vaults, and associated water facilities to Engineering Division for review and approval. 25. Prior to commencing of site improvements, the Applicant shall submit a plan showing the location and connection of all new sanitary sewer mains, extensions, stub outs, and services to Engineering Division for review and approval. All public sanitary sewer facilities and associated services shall be designed in accordance with CWS Design and Construction Standards. 26. Prior to commencing site improvements, an erosion control plan shall be provided as part of the Public Facility Improvement permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition) and submitted to City of Tigard with the PFI plans. 27. Prior to commencing site improvements, the Applicant shall obtain a 1200-C General Permit issued through the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 28. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. The plan shall incorporate the recommendations of the geotechnical engineer. 29. The design engineer shall indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary. 30. The final construction plans shall be signed by the geotechnical engineer to ensure that they have reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading plan at the end of the project. 31. Prior to commencing site improvements, a permit shall be obtained by the applicant from the US Army Corps of Engineers and Division of State Lands, (Authority: Section 404, Clean Water Act, STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 6 OF 70 and ORS 541.605 to 641.695). A copy of the permit shall be provided to the City Engineering Department by the applicant. THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO FINAL PLAT APPROVAL The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the Community Development Department Attn: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 32. Immediately following final plat recordation, to ensure the jobs capacity requirement of CPA2015- 00004/ZON2015-00005 continues to be met on Parcel 2, a covenant shall be recorded against Parcel 2 that requires development on Parcel 2 to provide employment capacity for at least 280 non- retail jobs, so long as the City's EOA relies upon Parcel 2 for job capacity. The covenant shall clarify that the obligation to preserve employment capacity on Parcel 2 is not an ongoing obligation to create a required number of jobs within a development. The applicant shall provide a draft of the covenant during final plat review. 33. Prior to final plat, the applicant shall submit a revised preliminary plat showing a minimum 30-foot wide access easement including a walkway between SW Hunziker Road and SW Wall Street. 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 ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 34. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be completed. The Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 35. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer,water,gas, electrical, communication, and wireless shall be completed. 36. Prior to final plat approval, tract that is dedicated to the City for the purpose of stormwater treatment and detention shall be recorded. 37. Prior to final plat approval, the Applicant's Engineer shall submit a Final Sight Distance Certification for the access driveways on SW Hunziker Road and SW Wall Street. 38. Prior to final plat approval, a joint use and maintenance agreement in a form acceptable to the City shall be executed and recorded for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Division prior to recording 39. Prior to final plat approval, the fee in lieu of the interim mitigation and the funding toward the future permanent improvement at Hall and Hunziker, and Hunziker and Scoffins intersections as determined by ODOT,the City of Tigard, and the applicant, shall be paid in full. 40. The City of Tigard is responsible for assigning addresses for parcels and suites within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. Parcel 1 addressing fee shall be paid prior to final plat approval. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 7 OF 70 41. When low voltage overhead utilities exist and are located across a public right of way from the proposed development, the Applicant shall pay a fee in lieu of undergrounding prior to final plat approval. The fee in lieu shall be assessed in accordance with the undergrounding fee in the City Master Fees and Charges Schedule. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the Community Development Department Attn: Gary Pagenstecher, 503-718-2434. The cover letter shall clearly identify where in the submittal the required information is found: 42. Prior to issuance of building permits, the applicant shall submit an analysis that demonstrates adequate screening of roof top mechanical devices from adjoining properties. 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 ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 43. The City of Tigard is responsible for assigning addresses for parcels and suites within the City of Tigard. An addressing fee in the amount of $50.00 per address shall be assessed. Parcel 2 addressing fee shall be paid prior to building permit issuance. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL INSPECTION: 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: 44. Prior to final inspection, the applicant shall contact the Planning Division (Gary Pagenstecher, 503- 718-2434) for a final planning inspection to ensure consistency with this land use decision. 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 ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 45. Prior to a final inspection, the onsite stormwater quality and detention facilities shall constructed, completed,and/or satisfied. 46. Prior to final inspection, a stormwater maintenance agreement between the applicant and the City on the City standard form shall be in recorded. The applicant shall demonstrate that they have entered into a maintenance agreement with the stormwater management manufacturers or approved maintenance companies for the onsite treatment and detention facilities. If maintenance companies other than the manufacturers are used, they must demonstrate that they have the ability and/or certification to performance the maintenance requirements of the manufacturer, for the proposed onsite storm water treatment and detention facilities. IN ADDITION,THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval approved construction plans are issued by the City, the Developer shall: STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 8 OF 70 • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed;and • Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the subdivider shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or • Cash. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance.The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the developer shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land developer's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade,prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 9 OF 70 In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: • All centerline-centerline intersection points; • All cul-de-sac center points; and • Curve points,beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. THIS APPROVAL SHALL BE VALID FOR SEVEN YEARS FROM THE EFFECTIVE DATE OF THIS DECISION STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 10 OF 70 SECTION III BACKGROUND INFORMATION Project History The site was previously part of a larger 42.5-acre property owned by the Fields Trust, which was designated Industrial IL and zoned I-P, Industrial Park. The development community expressed an interest in the site over the years, but the significant grade change on the site from west to east posed a significant challenge to potential industrial users. In addition to topographical challenges, a number of transportation, access, and environmental challenges posed issues for interested industrial developers. The primary obstacles to development identified by Mackenzie in a 2014 development analysis included: • Slope and configuration of majority of the site not suitable for market-scale development allowed under the I-P zoning • Slope of SW Hunziker Road not adequate for truck access on the north side of site • Transportation System Plan designation and width of SW Wall Street (private) between adjacent development and rail spur not wide enough for City collector standards The secondary obstacles identified by Mackenzie included: • A wetland area in the flattest portion of the site • Remaining trees along the eastern property line • Limited access to site for some uses • Possible noise from adjacent railroad switching yard In light of the site, transportation, and topographical constraints on the site, City Council approved a Comprehensive Plan Amendment and Zone Change for the eastern portion of the site on October 13, 2015 (Case No. CPA2015-00004, ZON2015-00005), which changed the Comprehensive Plan designation and zoning on the subject site to Mixed Use Employment (MUE) and applied a Planned Development (PD) overlay. The City Council Final Order included four conditions of approval, two of which have been met requiring a PD overlay on the subject rezoned site and the recording of a restrictive covenant to preserve a 50-foot forested buffer between the site and the Rolling Hills neighborhood to the east. The other two conditions require future development to preserve employment land capacity for a minimum of 280 non-retail jobs consistent with the City's 2011 Economic Opportunities Analysis and satisfaction of a trip cap, consistent with the Transportation Planning Rule. In August of 2017, the Planning Commission approved the Fields Property concept plan(PDR2017-00001), subject to the following conditions of approval identified in the Commission's motion to approve, to be included in the detailed plan: 1. Adoption of the findings with the exception of not allowing emergency or foot traffic through SW Yarns Street,unless staff specifically confirms from the emergency department that access is required; 2. Removal of the access behind the Pirkl's property; 3. Further directions for more detailed traffic reports; 4. More detailed plan for natural buffering; 5. Further study of reduction of from four to three stories for Buildings BB &CC; and 6. More detail on connectivity feasibility. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 11 OF 70 Project Description The gross site area is 24.23 acres as shown on the Washington County tax map. The net site area after dedication of rights-of-way for Hunziker Road, Wall Street, and 76th Avenue is 22.81 acres and consists of one parcel,which is vacant. This application proposes to divide the parcel into two parcels: Parcel 1 is 14.88 acres in area, and Parcel 2 is 7.93 acres in area. The site is located within the Tigard Triangle neighborhood, west of the intersection of Hwy 217 and 72'Avenue. See Sheets P0.0, P1.0, and P1.7 for details. The proposed development includes two components: 264 units of multifamily residential housing in the northern portion of the site (proposed Parcel 1); and employment development designed to accommodate at least 280 employees in the southern portion of the site adjacent to Wall Street (proposed Parcel 2). These residential units will be "workforce housing,"meaning they will be affordable to those earning 60 percent of median family income. The applicant has a successful track record of affordable housing development, and has completed developments throughout the Portland metropolitan area, including Beaverton, Gresham, Hillsboro,Portland,Tualatin, and Vancouver,WA. The site contains slopes of 9-25 percent in the northern, eastern, and southeastern sections of the site. A few limited areas in the north and south portions of the site contain slopes greater than 25 percent. A wetland delineation has been completed and verified the presence of small wetland areas in the southwestern corner of the site (see Appendix A of Impact Study A). Clean Water Services has approved the removal and offsite mitigation for these wetlands (see Impact Study B). The site contains Tigard designated Lower Value Habitat areas consisting of a stand of trees along the eastern edge of the site,which provides a buffer between the site and residential development to the east. The site also contains a 50-foot forested development buffer that was established by the zone change approval and is protected within a tract. The area to the north of the site is zoned I-L and developed with light industrial uses; the site to the northeast is zoned C-P and is developed with office and multifamily residential uses; the area to the east/southeast is zoned R-3.5 and is developed with single-family dwellings; the site to the southeast is zoned I-P and is developed with flex space/light industrial buildings; the site to the south is zoned PR and is a nature reserve; and the site to the west is zoned I-P and is expected to develop with industrial uses. The site has frontage on three public streets: Hunziker Street to the north; Wall Street to the south; and Varns Street to the east. The applicant will dedicate public right-of-way to Hunziker Street,Wall Street, and to extend 76th Avenue to the north. Primary access to the residential portion of the site is from Hunziker Street;primary access to the office portion of the site will be from the future Tech Center Drive/Wall Street extension along the southern boundary of the site. No vehicular access is proposed from Varns Street or 76th Avenue. The City of Tigard has received grant funding to extend Tech Center Drive from its intersection with the Pacific Railroad ROW to the southeast of the subject site to the eastern boundary of the project site, which will complete the transportation connection between Tech Center Drive and Hunziker Street to the north. SECTION IV. ISSUES SUMMARY Conditions of Prior Land Use Decisions The proposed detailed development plan is subject to the conditions of approval of CPA2015- 00004/ZON2011-00005 and PDR2017-00001. These conditions have been substantively addressed by the applicant as outlined in the table included in Section VI of this report,below. Neighborhood Concerns Neighborhood concerns have been expressed in neighborhood meetings, public hearings, and comment STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 12 OF 70 letters submitted to the city over the past several years in connection to the prior zone change and planned development concept plan review for the Fields property. Neighbors' comment letters received for this land use case have been included in the Commission packet for the February 5, 2018 hearing and the record for the land use case, and have been substantively addressed in the comments section at the end of this staff report. SECTION V. SUMMARY OF APPLICABLE CRITERIA The following summarizes the applicable Tigard Development Code criteria. (Previous Conditions of Approval) 18.350 Planned Developments 18.420 Land Partitions 18.520 Commercial Zoning districts 18.705 Access, Egress and Circulation 18.715 Density Computations 18.730 Exceptions to Development Standards 18.745 Landscaping and Screening 18.765 Off-street Parking and Loading Requirements 18.775 Sensitive Lands 18.790 Urban Forestry Plan 18.795 Vision Clearance Areas 18.810 Street and Utility Improvement Standards SECTION VI. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS Previous Conditions of Approval This proposal is subject to the conditions of approval of CPA2015-0004/ZON2011-00005 and PDR2017-00001. The Conditions of Approval from CPA2015-0004/ZON2011-00005 and PDR2017- 00001 have been addressed by the applicant as detailed below. Approval Condition Finding CPA2015-00004/ 2. Future Development within the Condition 2 requires that the capacity to accommodate 280 ZON2015-00005 MUE ijone shall include a non-retail jobs be preserved,but does not mandate that a minimum of 280 nonretailjobs to particular number of jobs be maintained on the property over preserve employment land capacity time. The approved Concept Plan includes 75,000 to 100,000 consistent with the city's amended sq. ft. of employment area on Parcel 2,which has the capacity 2011 EOA to accommodate at least 280 jobs as detailed in the market analysis included as Appendix I. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 13 OF 70 CPA2015-00004/ 3. The site shall be limited to a A Transportation Impact Study(TIS)was prepared by ZON2015-00005 maximum of 630 a.m.peak hour Kittelson&Associates and is included as Impact Study C. trips and 630 p.m.peak hour The TIS demonstrates that the Weekly AM Peak Hour Trip trips. If the applicant or future generation of the proposed development of 264 dwelling property owners wish to allow for units and 100,000 sq. ft. of office is 324 and the Weekly PM more trips, a Comprehensive Plan Peak Hour Trip generation of the proposed development is Amendment(CPA)with 353.These numbers are below the 630 weekday peak hour Transportation Planning Rule trip cap established by Case No. CPA2015-00004,ZON2015- OAR 660-012-0060 analysis 00005 Condition of Approval#3. will be required to determine whether the limit can be revised or The recommendations of the TIS have been incorporated removed. The trip cap shall be into the submitted site plans. No revisions to the implemented as a condition of development proposal or subsequent increases in trip approval on subsequent land use generation have occurred between the preparation of the July permits for proposed development 14,2017,TIS and the submittal of this application.An and will be listed as a condition of additional memo addressing mitigation for impacts to the approval in the ordinance adopted transportation system is included as part of Impact Study C. the tone change, if approved by City Council. PDR2017-00001 1. Adoption of the findings with The Yarns Street emergency vehicle access has been removed the exception of not allowing upon discussion with the Fire Department.The proposed emergency or foot traffic through pedestrian access ways are required by the Development SW Varns Street, unless staff Code in 18.350.070.D.7.c and 18.810.040.B.2,as discussed in specifically confirms from the the findings below. emergency department that access is required; PDR2017-00001 2. Removal of the access behind the This access is actually referring to an internal drive isle,which Pirkl's property; has been removed.The parking lots and drive aisles for Buildings A and B were revised. PDR2017-00001 3. Further directions for more The July 14,2017,Traffic Impact Analysis (TIA) evaluated detailed traffic reports; the proposed development for impacts on the transportation infrastructure and proposed mitigations.No additional traffic impact analysis has been conducted. The traffic engineer,Kittelson and Associations,Inc.,met with City and ODOT staff to determine the appropriate mitigation for impacts to the SW Hall Blvd/SW Hunziker St/SW Scoffins St.intersections and determined that appropriate mitigation would be payment in lieu of improvements. See Impact Study C,Addendum 1 dated November 1,2017. PDR2017-00001 4. More detailed plan for natural Sheets L1.1,L1.2 and P5.5 provide details about the buffers bfering• and plantings proposed for the eastern property line. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 14 OF 70 PD R201 7-00001 5. Further study of reduction of Buildings A and C were shifted west,lower on the site,to from four to three stories for effectively reduce the height by one story when viewed from Buildings BB &CC;and the east.The roof levels are now at or below the deck level of homes to the east and will not obstruct views from those homes. See Sheet P5.4. PD R201 7-00001 6. More detail on connectivity City staff discussed connectivity requirements with the feasibility. project team.The Varns Street pedestrian connection is a critical element for connectivity in this area and is required to meet minimum block length requirements,as is the connection between the stub of 76th Ave to Hunziker Street to the north.The revised plans show pedestrian connections from both frontages,as well as north-south through the site. FINDING: As outlined in the table above, the prior decision conditions of approval for the development site have been satisfactorily addressed by the applicant and incorporated into the proposed Detailed Development Plan. To ensure Parcel 2 continues to meet the job capacity requirement of CPA2015-00004/ZON2015- 00005, condition 32 is recommended to clarify that the intent of CPA2015- 00004/ZON2015-00005 is to ensure employment capacity, not an ongoing obligation to include a required number of jobs within a development, so long as the EOA relies upon the property for job capacity, and to require a covenant to that effect. In addition, an ODOT Memorandum dated August 10, 2017 verifies that the trip cap requirement of CPA2015-00004/ZON2015-00005 is not exceeded by the trips expected from both the subject development and those expected from the I-P zoned portion of the Fields property to the west. These requirements are met. 18.350 PLANNED DEVELOPMENTS 18.350.070 Detailed Development Plan Approval Criteria A detailed development plan may be approved only if all the following criteria are met: A. The detailed plan is generally consistent with the concept plan. According to the applicant's narrative, there have been no increases to residential density or lot coverage or reduction of parking; the amount of open space and landscaping has increased as buildings have been clustered together to minimize grading impacts; the uses are those approved through the concept plan; there is no additional impact to the wetlands on the site; and the location of buildings and parking lots have been shifted in response to the Planning Commission's direction during Concept Plan review. Therefore, the detailed development plan is generally consistent with the concept plan. This criterion is met. B. All the provisions of the land division provisions, Chapters 18.420, Partitions, and 18.430, Subdivisions, shall be met if applicable; The application includes a request for Preliminary Partition. As shown in the findings for Chapter 18.420, below, the applicable standards for partitions are met. C. Except as noted, the provisions of the following chapters shall be utilized as guidelines. A planned development need not meet these requirements where a development plan provides alternative designs and methods, if acceptable to the commission that promotes the purpose of this chapter. In each case, the applicant must provide findings to justify the modification of the standards in the chapters listed below. The applicant shall respond to all the applicable criteria of each chapter as part of these findings and clearly identify where their proposal is seeking a STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 15 OF 70 modification to the strict application of the standards. For those chapters not specifically exempted, the applicant bears the burden of fully complying with those standards, unless a variance or adjustment has been requested. The applicant has not requested any exceptions to standards provided for in this section and has not requested any variance or adjustment to standards. As shown in the applicant's narrative, the applicable standards in Tide 18 have been addressed. This requirement is met. D. In addition, the following criteria shall be met: 1. Relationship to the natural and physical environment: a. The streets, buildings and other site elements shall be designed and located to preserve the existing trees, topography and natural drainage to the greatest degree possible. The commission may require the applicant to provide an alternate site plan to demonstrate compliance with this criterion; No new streets are proposed as part of this development. The buildings and other site elements have been designed and located as far to the west of the site as possible in order to preserve as many trees as possible. The buildings have been located near the interior of the site to maximize landscaping and green space. The buildings step down the slope in response to the site topography and to minimize the visual impact of the new development on existing homes. The site drains naturally to the low point in the southwest corner, which is the proposed location of stormwater facilities. In addition, the proposed detailed development plan is generally consistent with the Concept Plan approved by the Commission under PDR2017-00001. This criterion is met. b. Structures located on the site shall not be in areas subject to ground slumping and sliding as demonstrated by the inclusion of a specific geotechnical evaluation; and The proposed structures will be located on structural fill designed to accommodate the load of the buildings. The underlying ground is stable and not severely sloped. A geotechnical study has been prepared and is included as Impact Study G. The recommendations of the study will be utilized in developing the final grading plan for the project. This criterion is met. c. Using the basic site analysis information from the concept plan submittal, the structures shall be oriented with consideration for the sun and wind directions, where possible. As illustrated in Sheet P1.1, each of the buildings has been situated so that the long axes of the buildings have north-south orientations to maximize solar gain along the western and eastern sides of the structures. This criterion is met. 2. Buffering, screening and compatibility between adjoining uses: a. Buffering shall be provided between different types of land uses; e.g., between single-family and multifamily residential, and residential and commercial uses; The site is located adjacent to the R-3.5 zone to the east, the MUE zone to the south, the I-P zone to the west, and adjacent to Hunziker Road, a collector roadway. In addition, Parcel 2 of the site will be developed with employment uses. Per Table 18.745.1 Buffer Matrix, a 10-20-foot buffer is required around the perimeter of the site and will be provided in compliance with the requirements of Chapter 18.745 and Table 18.745.1,which are addressed in Section H of the applicant's narrative. This criterion is met. b. In addition to the requirements of the buffer matrix (Table 18.745.1), the requirements of the buffer may be reduced if a landscape plan prepared by a registered landscape architect is submitted that attains the same level of buffering and screening with alternate materials or methods. The following factors shall be considered in determining the adequacy and extent of the buffer required under Chapter 18.745: STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 16 OF 70 i. The purpose of the buffer, for example to decrease noise levels, absorb air pollution, filter dust, or to provide a visual barrier; ii. The size of the buffer needs in terms of width and height to achieve the purpose; iii. The direction(s) from which buffering is needed; iv. The required density of the buffering; and Whether the viewer is stationary or mobile. The applicant proposes to meet the buffer and screening standards required under Chapter 18.745. This criterion does not apply. c. On-site screening from view from adjoining properties of such activities as service areas, storage areas, parking lots and mechanical devices on roof tops shall be provided and the following factors shall be considered in determining the adequacy of the type and extent of the screening: i. What needs to be screened; ii. The direction from which it is needed; and iii. Whether the screening needs to be year-round. The proposed multifamily development will include five trash and recycling enclosures. These enclosures will be constructed of CMU block with a metal gate. Four enclosures are located on the western boundary of the site within the parking lots and the fifth is located within the parking lot east of Building 5 and is screened from the Rolling Hills neighborhood by a 13-foot high retaining wall. These locations, relatively deep into the site,will provide adequate screening from adjacent properties. Proposed parking areas are to the interior of the site and are minimally visible from adjacent properties given adjacent buildings and retaining walls. As shown in Landscape Plans L1.0-L1.2, the parking areas will be screened by landscaping per the provisions of Chapter 18.765. Screening of mechanical devices on roof tops was not addressed in the application. Adverse visual impacts of roof top mechanical devices would be minimal, if at all, because of the 200-foot minimum distance and intervening landscape screening between neighbors to the east and the proposed buildings. In addition, the roof is screened by parapets approximately three-feet high. However, since the roof tops of proposed buildings are approximately deck level to some residences, and to ensure there is adequate screening from adjoining properties of roof top mechanical devices, a condition of approval will be added to the decision that will require submittal of an analysis at the time of building permit application that demonstrates screening is adequate. As conditioned, this criterion is met. 3. Privacy and noise. Nonresidential structures which abut existing residential dwellings shall be located on the site or be designed in a manner, to the maximum degree possible, to protect the private areas on the adjoining properties from view and noise; The nonresidential buildings proposed for the site will be located on Parcel 2, and will be subject to a separate detailed development plan approval. This criterion does not apply. 4. Exterior elevations—Single-family attached and multiple-family structures.Along the vertical face of single-family attached and multiple-family structures, offsets shall occur at a minimum of every 30 feet by providing any two of the following: a. Recesses, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet; b. Extensions, e.g., decks, patios, entrances, floor area, of a minimum depth of eight feet, a maximum length of an overhang shall be 25 feet; and c. Offsets or breaks in roof elevations of three or more feet in height. As illustrated in Sheets A3.01-A3.03, the proposed multifamily dwelling design includes offsets at a STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 17 OF 70 minimum of every 30 feet along the entire length of each building. The offsets are provided by a combination of recessed decks/patios and offsets in roof elevations. The combined recessed patios and extended architectural treatment along the building facades provide a combined recess/extension of eight ft. maximum. Offsets in roof elevation vary by a minimum of 3'-6". The total eight-foot depth variation along the facades is achieved by a combination of recessed decks, extended decks, and extended framed elements.At large balcony openings, the decks recess five feet and th e framed walls and roof around the deck openings extend an additional three feet from the face of building. The framed elements have vertical walls that are 10"wide,with roofs extending 11'-6"in length horizont ally at the small balconies and 22'in length horizontally at the large balconies,which are both less than the 25-fitmaximum. At small balconies below the low roof level, the decks recess five feet and extend an additi onal three feet or a total depth of eight feet.The small balcony extensions are 10'-4"in length,which is less than the 25-foot maximum.This criterion is met. 5. Private outdoor area—Residential use: a. Exclusive of any other required open space facility, each ground-level residential dwelling unit shall have an outdoor private area (patio, terrace, or porch) of not less than 48 square feet with a minimum width dimension of four feet; b. Wherever possible, private outdoor open spaces should be oriented toward the sun; and c. Private outdoor spaces shall be screened or designed to provide privacy for the use of the space. As shown in Sheets A2.0-A2.6, each ground-floor residential unit is provided with a private outdoor area of at least 48 square feet with a minimum dimension of four feet. Specifically, one-bedroom units have 53-61 sq. ft. patios and two and three-bedroom units have 54- 109 sq. ft. patios. The spaces are oriented to the west and east, and receive either afternoon or morning sun.The private patios or decks are recessed into the buildings,which provides privacy from neighboring units. This criterion is met. 6. Shared outdoor recreation and open space facility areas—Residential use: a. Exclusive of any other required open space facilities, each residential dwelling development shall incorporate shared usable outdoor recreation areas within the development plan as follows: i. Studio units up to and including two bedroom units, 200 square feet per unit; ii. Three or more bedroom units,300 square feet per unit. b. Shared outdoor recreation space shall be readily observable from adjacent units for reasons of crime prevention and safety; c. The required recreation space may be provided as follows: i.Additional outdoor passive use open space facilities; ii.Additional outdoor active use open space facilities; iii. Indoor recreation center; or iv.A combination of the above. The proposed 264 units will be a mix of one,two, and three-bedroom units, and the proposed development is required to provide 56,000 square feet of shared usable outdoor recreation space as shown in the table below. Required Shared Usable Outdoor Recreation Areas Unit Size #Units Open Space Total Required Per Required Unit(sf) Open Space (sf) 1 BR 128 200 25,600 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 18 OF 70 2 BR 104 200 20,800 3 BR 32 300 9,600 Total 264 700 56,000 Outdoor recreation areas are dispersed throughout the residential site and include lawn areas,playground areas, and a pedestrian trail through the wooded area to the east of the site.All of the areas are faced by at least one building façade. The proposed development plans provide for the following areas to be provided as shared usable outdoorrecreation areas, as shown in Sheet P1.4 and the following table. The provided 110,445 sq. ft. exceeds the required 56,000 sq. ft. by 97 percent. Provided Shared Useable Outdoor Area Area Use Area (sf) OS-1 Passive Use Lawn Area 35,409 and Berm OS-2 Passive Use Berm 5,440 OS-3 Entry Plaza at 4,122 Clubhouse,Tot Lot, Outdoor Seating OS-4 Large Plaza,Lawn 32,953 Area,Picnic Area, Playground Slide, Trails OS-5 Passive Use Slope 18,655 P Outdoor Deck and 2,219 Pool Area T1 Trail to 76th Ave 2,646 T2 Trail Along East Side 5,635 of Site Total 110,445 The shared outdoor recreation spaces consist of small plazas,lawn areas, tot lots,pedestrian trails, and a pool and pool deck.The clubhouse provides indoor recreation area for residents. This criterion is met. 7. Access and circulation: a. The number of required access points for a development shall be provided in Chapter 18.705; In accordance with Chapter 18.705, the proposed development requires a minimum of two access points. One access point is provided from Hunziker Rd to the north and a second access point is provided from Wall St to the south. As shown on Sheet P1.5, a cross-access easement is proposed to allow access to both parcels. This criterion is met. b. All circulation patterns within a development must be designed to accommodate emergency and service vehicles; and As shown in the Preliminary Fire Access Plan (Sheet P1.2), the proposed development is designed to accommodate emergency and service vehicles. This criterion is met. c. Provisions shall be made for pedestrian and bicycle ways abutting and through a site if such facilities are shown on an adopted plan or terminate at the boundaries of the project site. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 19 OF 70 Provisions have been made for pedestrian and bicycle ways through the site because such facilities terminate at the boundaries of the project site. The applicant has shown a pedestrian/bicycle connection through the project site between SW Varns to the east and Wall Street to the west. SW Varns is a Local Street that terminates at the eastern boundary of the project site. The approved development plan to the west for the neighboring Wall Street Industrial Park (SDR 2017-00002) includes an eight-foot pedestrian/bicycle path within a ten-foot wide public pedestrian access easement that terminates at the subject site on the west side. The applicant's Preliminary Plan (Sheet P1.5) shows a ten-foot public pedestrian access easement extending east/west across the site connecting these two transportation facilities that terminate at the boundaries of the project site.This criterion is met. 8. Landscaping and open space—Residential development. In addition to the buffering and screening requirements of paragraph 2 of this subsection D, and any minimal use open space facilities, a minimum of 20% of the site shall be landscaped. This may be accomplished in improved open space tracts, or with landscaping on individual lots provided the developer includes a landscape plan, prepared or approved by a licensed landscape architect, and surety for such landscape installation. Parcel 1, the residential site, is 14.88 net acres (646,426 sq. ft.) in area. Paragraph 2 of subsection D requires buffering between different types of land uses. The required on-site buffers are 10 ft. along the eastern property line, 10 ft. along the southern property line, and 20 ft. along the western property line. • Total area dedicated to buffering and screening is approximately 1.29 ac • Remaining site area is 13.59 ac (14.88 ac — 1.29 ac) • 20% of the remaining 13.59-ac site area is 2.72 ac • 2.72 ac of the site area is required to be landscaped • 3.04 ac of the site area is landscaped Per the calculations above, 2.72 ac (118,483 sf) of the site shall be landscaped. As shown in Sheet P1.4, the proposed development plan includes 59,649 sf of passive use landscaped areas (0S-1, OS-2, and OS-5). In addition, the site includes approximately 73,000 sf of forested area east of T2, the trail along the east side of the site. The combined landscaped area and forested area totals approximately 3.04 ac (132,659 sf). This criterion is met. 9. Public transit: a. Provisions for public transit may be required where the site abuts or is within a quarter mile of a public transit route. The required facilities shall be based on: i. The location of other transit facilities in the area; and ii. The size and type of the proposed development. b. The required facilities may include but are not necessarily limited to such facilities as: i. A waiting shelter; ii. A turn-out area for loading and unloading; and iii. Hard surface paths connecting the development to the waiting area. c. If provision of such public transit facilities on or near the site is not feasible, the developer may contribute to a fund for public transit improvements provided the Commission establishes a direct relationship and rough proportionality between the impact of the development and the requirement. Frequent service bus stops are located approximately 560 ft. to the west of the site and 175 ft. to the east of the site, within 1/4 mile. The applicant is coordinating with the City to determine whether it is possible to construct a hard surface path to the adjacent bus stops. A sidewalk connection to the bus stop to the west of the site will be provided with development of the adjacent Wall Street Industrial Park. A condition of approval requires coordination between the applicant, TriMet, and the city to provide a safe and direct pedestrian route to Bus Line #78's existing bus stop located in front of the apartment complex, TL 2S101DB00200, on Hunziker Rd or an alternate bus stop location at the northeast corner of the subject STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 20 OF 70 property. This criterion is met. 10. Parking: a. All parking and loading areas shall be generally laid out in accordance with the requirements set forth in Chapter 18.765; b. Up to 50% of required off-street parking spaces for single-family attached dwellings may be provided on one or more common parking lots within the planned development as long as each single-family lot contains one off-street parking space. The requirements of Chapter 18.765 area addressed in Section I of the applicant's narrative and below in this staff report. No single-family attached dwellings are proposed. This criterion is met. 11. Drainage. All drainage provisions shall be generally laid out in accordance with the requirements set forth in Chapter 18.810. An applicant may propose an alternate means for stormwater conveyance on the basis that a reduction of stormwater runoff or an increase in the level of treatment will result from the use of such means as green streets, porous concrete, or eco roofs. The requirements of Chapter 18.810 are addressed in Section L of the applicant's narrative and below in this staff report. A preliminary drainage report is included as Impact Study F. This criterion is met. 12. Floodplain dedication. Where landfill and/or development are allowed within or adjacent to the 100- year floodplain, the city shall require consideration of the dedication of sufficient open land area for a greenway adjoining and within the floodplain. This area shall include portions of a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian bicycle pathway plan. The project site is not located within the 100-year floodplain. This standard is not applicable. 13. Shared open space facilities. These requirements are applicable to residential planned developments only. The detailed development plan shall designate a minimum of 20% of the gross site area as a shared open space facility. The open space facility may be comprised of any combination of the following: a. Minimal use facilities. Up to 75% of the open space requirement may be satisfied by reserving areas for minimal use. Typically, these areas are designated around sensitive lands (steep slopes,wetlands, streams, or 100-year floodplain). b. Passive use facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for passive recreational use. c. Active use facilities. Up to 100% of the open space requirement may be satisfied by providing a detailed development plan for improvements (including landscaping, irrigation, pathway and other structural improvements) for active recreational use. d. The open space area shall be shown on the final plan and recorded on the final plat or covenants. The proposed development is a residential planned development and these requirements are applicable. The residential site is 14.88 acres in area, and 129,634 sq. ft. (2.98 ac.) of landscaping is required. The open space areas are shown in the applicant's plan set Sheet P1.4 and Sheets L1.0-L1.6. The table below shows the amount of shared open space facilities in each category. Types of Shared Useable Outdoor Area Area Use Area (sf) Forested area/development buffer east of T2 and south of Varns Minimal Use 73,000 0S-1, OS-2, OS-5 Passive Use 59,649 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 21 OF 70 OS-3, OS-4, P,T1,T2 Active Use 50,941 Total 183,590 This criterion is met. FINDING: As shown in the analysis above, not all of the applicable Detailed Development Plan Approval Criteria are met, but they can be met with the following conditions of approval. CONDITIONS: Prior to issuance of building permits, the applicant shall submit an analysis that demonstrates adequate screening of roof top mechanical devices from adjoining properties. Prior to commencing of site improvements, the Applicant shall coordinate with the City and Trimet to provide a safe and direct pedestrian route to the Bus Line #78, existing bus stop located in front of the apartment complex, TL 2S101DB00200, on Hunziker Rd. Relocating the bus stop and providing an onsite pedestrian path connecting the existing neighborhood and the apartment complex northwest of the site to Hunziker Rd are acceptable possibilities. 18.420—LAND PARTITIONS 18.420.050 Approval Criteria A. A request to partition land shall meet all of the following criteria: 1. The proposed partition complies with all statutory and ordinance requirements and regulations; As shown in the findings for this staff report, the proposed partition complies with the City of Tigard development code, or has been conditioned to comply. The development code implements the applicable statutory requirements and regulations. The proposed partition effectively transfers the jobs capacity requirement of Ordinance No.15-16 (CPA2015-00004/ZON2015-00005) condition 2 from the parent MUE-zoned parcel to Parcel 2. Condition 2 of Ordinance No. 15-16 is satisfied because the approved Concept Plan includes 75,000 to 100,000 sq. ft. of employment area on Parcel 2, which has the capacity to accommodate at least 280 non-retail jobs (as detailed in the market analysis included as Appendix I). To ensure the jobs capacity requirement continues to be met on Parcel 2, condition 32 is recommended, which clarifies the intent of CPA2015- 00004/ZON2015-00005 is to ensure employment capacity, not an ongoing obligation to include a required number of jobs within a development, so long as the EOA relies upon the property for job capacity, and to require a covenant to that effect.As conditioned,this criterion is met. 2. There are adequate public facilities available to serve the proposal; The proposed partition will create two lots. Public facilities needed to serve the proposed parcels include transportation, sanitary sewer,water, stormwater detention and treatment,and fire protection. Transportation facilities will be provided by the extension of Wall Street to the south, which will be completed by the proposed planned development and will provide access to Parcel 2. The widening and improvement of Hunziker Street to the north will provide access to Parcel 1. The extension of the public pedestrian and bike facility through Parcel 1 will provide the opportunity for future development proposed for Parcel 2 to connect to that facility and the surrounding active transportation network. Sanitary sewer will be provided by the City of Tigard. Parcel 1 will connect to the existing eight-inch line located in Hunziker Street, and Parcel 2 will connect to the sewer line extension planned for Wall Street. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 22 OF 70 Public water will be provided by the City of Tigard. Parcel 1 will connect to the site existing 12-inch line located in Hunziker Street, and Parcel 2 will connect to the water line extension planned for Wall Street. Storm sewer will be provided by the City of Tigard. Parcel 1 will connect to the existing 36-inch public storm line on Hunziker Street and Parcel 2 will connect to the water line extension planned for Wall Street On-site stormwater quality facilities will be constructed with development on the site. Fire protection will be provided by the Tualatin Valley Fire and Rescue District (TVF&R). The TVF&R has reviewed the proposal and indicated in a Memorandum dated January 22, 2018, that they are able to serve the site. This criterion is met. 3. All proposed improvements meet City and applicable agency standards; and Proposed improvements triggered by the Planned Development application include public street dedication and widening; extension of public utilities to serve the site; and construction of on-site stormwater quality facilities. These improvements will meet City standards as proposed and conditioned in this staff report; the stormwater facilities will also meet CWS standards, as shown in Sheets P2.0-P.2.3, Sheets P4.0-P4.3, and Impact Study F of the application.This criterion is met. 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. d. Setbacks shall be as required by the applicable zoning district. e. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. The site is located in the MUE zone, and is subject to the standards of either the C-G or R-25 zone, depending on the proposed use. Parcel 1 is proposed for residential use, and is subject to the standards of the R-25 zone. Parcel 2 is proposed for employment (non-residential) use and is subject to the standards of the C-G zone (see Tables in the Commercial Zoning District section, below). No flag lots are proposed. This criterion is met. f. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The proposed drive aisles are located more than 10 ft. from abutting lots, and no screening is required to meet this standard. The screening requirements of Chapter 18.745 are addressed below. This criterion is met. g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. The TVF&R requires four fire hydrants: two are located along the north-south accessway and two are located to the east of Buildings 4 and 5. See Sheet P1.2. This criterion is met. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 23 OF 70 h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. As shown on Sheet P1.5, a drive aisle is proposed to run north-south through the site, and will provide access to both Parcels 1 and 2. A reciprocal easement will be recorded with the final plat. With the recorded easement,this criterion is met. 5. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. The applicant states that "As shown on Sheets P3.0-P3.4, the proposed development includes two accesses: one from Hunziker Street and one from Wall Street. A cross-access easement will be recorded to allow use by both properties. These accesses are 30 ft. wide and include a full paved width, curbs, and a five-foot walkway." However, Site Plans (Sheets P3.0-3.4) and Preliminary Plat (P1.5) show only a 24-foot access easement for vehicular access between Hunziker and Wall Street. To meet this standard, the applicant shall submit revised plans and preliminary plat showing a minimum 30-foot wide access easement including a walkway between SW Hunziker Road and SW Wall Street. Compliance with the standards of Chapter 18.705 are otherwise addressed below in this staff report. As conditioned, these standards are met. 6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The site does not contain and is not adjacent to the 100-year floodplain. This criterion is not applicable. 7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances to these criteria are requested. FINDING: As shown in the analysis above, the proposed development meets the applicable Land Partitions approval criteria. However, to ensure these criteria are met, conditions of approval are imposed. With the following conditions, staff recommends the Commission approve the requested Preliminary Plat for Minor Land Partition. CONDITIONS: Immediately following final plat recordation, to ensure the jobs capacity requirement of CPA2015-00004/ZON2015-00005 continues to be met on Parcel 2, a covenant shall be recorded against Parcel 2 that requires development on Parcel 2 to provide employment capacity for at least 280 non-retail jobs, so long as the City's EOA relies upon Parcel 2 for job capacity. The covenant shall clarify that the obligation to preserve employment capacity on Parcel 2 is not an ongoing obligation to create a required number of jobs within a development.The applicant shall provide a draft of the covenant during final plat review. Prior to final plat, the applicant shall submit a revised preliminary plat showing a minimum 30-foot wide access easement including a walkway between SW Hunziker Road and SW Wall Street. 18.520 COMMERCIAL ZONING DISTRICTS STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 24 OF 70 B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18.520.1. The site is zoned MUE, which is a mixed-use commercial designation. Table 18.520.1 of the Community Development lists permitted, restricted, conditional, and prohibited uses in the commercial zones. "Household Living" and "Office" are listed as permitted uses in the MUE zone. Multifamily residential development is permitted at a maximum density of 25 units/gross acre. Table 18.520.2 provides a tabulation of minimum development standards for each of the commercial districts. The MUE zone development standards incorporate the standards of the C-G zone for commercial and office uses, and the R-25 zone for residential uses (see tables below). 18.520.040 Development Standards A. Compliance required.All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; 2. All other applicable standards and requirements contained in this title. This staff report ensures compliance with all other applicable standards and requirements contained in this title. This standard is met. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 below: MUE Residential (R-25) Standards-Lot 1 Standard Required Proposed Comment Minimum Lot Size 1,480 sq.ft.per unit 14.88 ac. Meets standard. Minimum Lot Width None 219 ft. Meets standard. Minimum Setbacks • Front:20 ft. • Front: 101 ft. Meets standard. • Street Side:20 ft. • Street Side:NA • Side Yard: 10 ft. • Side Yard(west): • Side or Rear Abutting 99+ft. More Restrictive Zoning: Side Yard(east— 30 ft. more restrictive):77+ • Rear:20 ft. ft. • Rear:56+ft. — Minimum Building NA 44 ft. Meets standard. Height Maximum Building 45 ft. 44 ft. Meets standard. Height Maximum Site 80% 78.1% Meets standard. Coverage Minimum 20% 21.9% Meets standard. Landscaping STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 25 OF 70 Requirement Minimum FAR NA NA Not applicable. Maximum FAR NA NA Not applicable. Minimum Residential 20 du/na Density 24.46 du/na Meets standard. Maximum Residential 25 du/ga per Table 18.520- Density 1,Footnote 21 MUE Employment (CG) Standards—Lot 2 Standard Required Proposed Comment Minimum Lot Size None 7.93 ac Meets standard. Minimum Lot Width 50 ft. 1,075.33 ft. Meets standard Minimum Setbacks • Front: 0 ft. No development proposed Not applicable. • Street Side:NA • Side Yard:20 ft. • Side or Rear Abutting More Restrictive Zoning:NA • Rear:0 ft. Minimum Building NA No development proposed Not applicable. Height Maximum Building 45 ft. No development proposed Not applicable. Height Maximum Site 85% No development proposed Not applicable. Coverage Minimum 15% No development proposed Not applicable. Landscaping Requirement Minimum FAR NA NA Not applicable. Maximum FAR 0.40 (Per 18.520.050.C.1) 0.22-0.29 Meets standard Minimum Residential NA No residential development Not applicable. Density proposed Maximum Residential NA No residential development Not applicable. Density proposed As shown in the tables above, the proposed development meets the applicable base zone development standards. 18.520.050 Special Limitations on Uses C. In the MUE zone. Special limitations in the MUE zoning district are as follows: 1. The maximum floor area ratio (FAR) for all commercial and industrial use types and mixed-use developments shall not exceed 0.40. Residential use types, including transient lodging, shall not be subject to this requirement; STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 26 OF 70 The proposed development on Parcel 1 is residential, and this requirement is not applicable. The proposed future development on Parcel 2, as approved through the Planned Development Concept Plan,will include 75,000 to 100,000 square feet of employment uses. The area of Parcel 2 after right-of-way dedication is 7.93 acres, or 354,430.8 sq. ft. The range of FAR was calculated as follows: • 75,000/345,430.8=0.22 • 100,000/345,430.8=0.29 The range of FAR of 0.22 to 0.29 is less than the maximum of 0.4. This standard is met. 2. On lots greater than three acres, general retail sales uses are limited to 30,000 square feet of gross leasable area plus one additional square foot of gross leasable area of general retail sales use for each additional four square feet of non-general retail sales use. No retail sales uses are proposed. This requirement is not applicable. FINDING: As shown in the analysis above, the proposed development plans for Parcel 1 are consistent with the applicable development standards in the MUE zoning district. The applicant has not applied for any variances or adjustments in accordance with Chapter 18.370. All other applicable standards and requirements contained in this title are addressed further in this staff report. The applicable commercial development standards for Parcel 1 are met. Applicable commercial development standards for proposed Parcel 2 will be reviewed under a separate planned development review. 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 for 264 multi-family units and associated access and parking; therefore, these standards apply. 18.705.030 General Provisions D. Public street access. All vehicular access and egress as required in 18.705.030.H and I shall connect directly with a public or private street approved by the city for public use and shall be maintained at the required standards on a continuous basis. As shown in the applicant's site plan, the two proposed driveways are directly connected to SW Hunziker Road and the future Wall Street extension. 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. No commercial, institutional, or industrial uses are proposed at this time. The extension of the public pedestrian and bike facility through Parcel 1 will provide the opportunity for future commercial development on Parcel 2 to connect to that facility and then to convenient connections to existing STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 27 OF 70 developments and neighboring developments via the surrounding active transportation network. This standard is met. 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. As shown in Sheet P1.1, each multifamily building entrance is connected to the vehicular parking areas and common open space and recreation facilities. This standard is met. 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. As shown in Sheet P1.1 and Sheets P3.0-P3.3, required walkways connect primary building entrances to the public right-of-way, parking areas, and common open space and recreation facilities. Where required walkways are adjacent to parking areas, they are separated by a curb. A walkway is provided across the parking area to connect the site to the stairs being constructed by the Wall Street Industrial project to the west. This walkway is raised and differentiated by patterned concrete. All walkways on site are at least fine feet in width and all required walkways comply with ADA standards. This standard is met. 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. Required walkways are paved with asphalt or concrete, and are lighted for safety as shown in Appendix E of the applicant's materials. 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). The Applicant's site plans show there are three accesses proposed for the subject development: one on SW Hunziker Rd and two on SW Wall St. A preliminary Sight Distance Certification prepared by Otak dated November 8, 2017 was submitted with the application. The certification indicates that the sight distance in both directions from access points onto Hunziker Rd and Wall St are adequate. Prior to final inspection, the Applicant's Engineer shall submit a Final Sight Distance Certification for the access driveways on SW Hunziker Road and SW Wall Street. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 28 OF 70 The site plans also show that a center lane with more than 50 feet of queuing distance is proposed along the proposed development on Hunziker Rd in accordance with DKS recommendation that was provided in the Review Memo dated June 8, 2017. As conditioned, these standards are met. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The proposed development is adjacent Hunziker Rd and Wall St, both Collector Streets. The site plans indicate that the proposed driveways are more than 400 feet away from the intersection of Hunziker and Wall. 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. The proposed development is adjacent Hunziker Rd and Wall St, both Collector Streets. The site plans show the proposed driveway on Hunziker is more than 200 feet away from the next driveways in both north and south directions. Driveways on Wall St are at least 800 feet away from one another. 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 Table 18.705.2 identifies access/egress requirements for multifamily residential use. The proposed development includes more than 100 dwelling units, and two accesses are required. These accessways must be at least 30 ft. wide and include 24 ft. of paving, curbs, and a five-foot walkway. The applicant states that "As shown on Sheets P3.0-P3.3, the proposed development includes two accesses: one from Hunziker Street and one from Wall Street. A cross-access easement will be recorded to allow use STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 29 OF 70 by both properties. These accesses are 30 ft. wide and include a full paved width, curbs, and a five-foot walkway." However, P3.2 shows only a 24-foot access easement for vehicular access to Wall Street across Parcel 2. To meet this standard, the applicant shall submit revised plans showing at minimum a five-foot walkway connecting to Wall Street across Parcel 2. As conditioned, this standard is met. 2. Vehicular access to multifamily structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units. Vehicular access to Buildings 1, 2, 3, 4, and 5 is located within 50 ft. of the ground floor entrance of each building. In addition, Buildings 1 and 2 provide vehicular access to the rear of the buildings. This access exceeds 50 ft. but provides access to upper levels of the building. This standard is met. 3. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. Sheet P1.2 illustrates the fire access drives through the site. These access drives are provided and will be maintained in accordance with the provisions of the Uniform Fire code. This standard is met. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a. A circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet; b. A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet; c. The maximum cross slope of a required turnaround is five percent. The access drive exceeds 150 ft. in length and includes a circular system that allows turnaround of fire apparatus. A raised pedestrian walkway is proposed to connect Building 3 to the approved stair connection to the west and will not exceed 5 percent. This standard is met. 5. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length. Vehicle turnouts are not required. The accessway is 24 ft. wide and provides adequate width for vehicles to pass. 6. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. The proposed width of driveway approaches to Hunziker Road and Wall Street is 30 ft. This standard is met. J. Minimum access requirements for commercial and industrial use. 1. Vehicle access, egress and circulation for commercial and industrial use shall not be less than as provided in Table 18.705.3. No commercial or industrial uses are proposed with this application, but a future application will include employment uses. Table 18.705.3 requires one driveway for uses requiring up to 99 parking spaces, and two driveways for uses requiring more than 100 parking spaces. It is anticipated that the future employment development on Parcel 2 will require more than 100 parking spaces to support the 280+ jobs, and two accesses are required. As shown on P2.1 and P2.2,Parcel 2 is served by two accesses. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 30 OF 70 As shown on Sheets P3.0-P3.4, the proposed development includes two accesses: one from Hunziker Street and one from Wall Street. A cross-access easement will be recorded to allow use by both properties. These accesses are 30 ft. wide and include a full paved width, curbs, and a five-foot walkway. This standard is met. 2. Vehicular access shall be provided to commercial or industrial uses, and shall be located to within 50 feet of the primary ground floor entrances; No commercial or industrial uses are proposed with this application. Future development of Parcel 2 will be subject to this standard.This standard is not applicable. 3. Additional requirements for truck traffic may be placed as conditions of site development review. No commercial or industrial uses are proposed with this application. Future development of Parcel 2 will be subject to this standard.This standard is not applicable. K. One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site, it shall be accommodated by a specific driveway serving the facility; the entrance drive shall be situated closest to oncoming traffic and the exit drive shall be situated farthest from oncoming traffic. No one-way accesses are proposed.This standard is not applicable. L. Director's authority to restrict access. The director has the authority to restrict access when the need to do so is dictated by one or more of the following conditions: 1. To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon the finding that the proposed access would: a. Cause or increase existing hazardous traffic conditions; or b. Provide inadequate access for emergency vehicles; or c. Cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. 2. To eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide for parking area connections; 3. To facilitate pedestrian and bicycle traffic, access and parking area plans shall provide efficient sidewalk and/or pathway connections, as feasible, between neighboring developments or land uses; None of the conditions outlined above in L.1 through L.3 are present on the proposed development site, therefore no access restrictions are required. This criterion does not apply. FINDING: As shown in the analysis above, the applicable Access, Egress and Circulation standards are met or have been conditioned to be met, as follows: CONDITION: Prior to site work, the applicant shall submit revised plans showing at minimum a five-foot walkway connecting to Wall Street across Parcel 2. 18.715 DENSITY COMPUTATIONS 18.715.010 Purpose STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 31 OF 70 The purpose of this chapter is to implement the comprehensive plan by establishing the criteria for determining the number of dwelling units permitted. 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the total site acres: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard "Significant Tree Grove Map" or"Significant Habitat Areas Map"; 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. As shown in Table 7 of the applicant's narrative (below) the net development area is 10.75 acres. Net Site Area Calculations Gross Site Area Gross Site Private Drive Right-of- Significant Net Site Net Site(ac.) (sq.ft.) Area(ac) Way2 Tree Grove (sq.ft.) 649,456 14.88 56,336 7,058 116,668 468,111 10.75 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. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B of this section by 80% (0.8). The Fields property planned development is entirely within the MUE zone. The standards of the R-25 zone apply to residential development in the MUE zone. In accordance with Table 18.520.1, multifamily residential development is permitted in the MUE zone at a maximum density of 25 units per gross acre. This chapter establishes a maximum density calculation based on net acre.The density has been calculated per the table below. Minimum/Maximum Density Calculations Net Site(sq.ft.)Per Minimum lot Maximum Minimum Proposed Comments Table 7 size in R-25 Density Density Units zone(sq.ft.) (Net*1,480) (Max.*0.80) 468,111 1,480 316 du 253 du 264 du Meets standard. FINDING: As shown in the analysis above, the proposed 264 multifamily units, or 24.55 dwelling units per net acre, meets the density requirements for the MUE zone. 18.730 EXCEPTIONS TO DEVELOPMENT STANDARDS 18.730.040 Additional Setback Requirements STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 32 OF 70 B. Distance between multifamily residential structure and other structures on site. 1. To provide privacy, light, air, and access to the multiple and attached residential dwellings within a development, the following separations shall apply: a. Buildings with windowed walls facing buildings with windowed walls shall have a 25-foot separation; b. Buildings with windowed walls facing buildings with a blank wall shall have a 15-foot separation; c. Buildings with opposing blank walls shall have a 10-foot separation; d. Building separation shall also apply to buildings having projections such as balconies, bay windows and room projections; and e. Buildings with courtyards to maintain separation of opposing walls as listed in subparagraphs a through c of this paragraph 1 for walls in separate buildings. 2. Where buildings exceed a horizontal dimension of 60 feet or exceed 30 feet in height, the minimum wall separation shall be one foot for each 15 feet of building length over 50 feet and two feet for each 10 feet of building height over 30 feet. As shown in Sheet P1.3 and shown in Table 9 of the applicant's narrative, the required minimum building separation ranges from 35 to 59 ft. and the proposed building separation meets or exceeds the requirements. 3. Driveways, parking lots, and common or public walkways shall maintain the following separation for dwelling units within eight feet of the ground level: a. Driveways and parking lots shall be separated from windowed walls by at least eight feet; walkways running parallel to the face of the structures shall be separated by at least five feet; and b. Driveways and parking lots shall be separated from living room windows by at least 10 feet; walkways running parallel to the face of the structure shall be separated by at least seven feet. Each of the buildings has dwelling units at ground level, and the southern facade of Buildings 1, 2, 4, and 6 and the northern facade of Building 5 is subject to these additional setback requirements. As shown in Table 10 in the applicant's narrative,walkways adjacent to each building meet the applicable setback standards. FINDING: As shown in the analysis above, the proposed development meets the applicable additional setback standards for multi-family residential structures. 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. The Detailed Development Plan is subject to Type III land use review and street trees are required. 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. The site's Hunziker Street frontage is 180.78 ft. and 5 (4.5) street trees are required. The site's Wall Street frontage is 1,075.53 ft. and 27 (26.8) street trees are required. As shown in Sheet L2.1, 5 street trees are proposed on Hunziker Street and 26 street trees are proposed on Wall Street; the applicant requests payment of a fee-in-lieu of planting for the one additional street tree. With a condition requiring payment of a fee-in lieu,this requirement is met. C. Street trees required by this section shall be planted according to the Street Tree Planting Standards in the Urban Forestry Manual. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 33 OF 70 Street trees will be planted according to the street tree planting standards as detailed in Sheet L2.1 and the Urban Forestry Plan included as Impact Study D of the application. This requirement is met. 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. The right-of-way width from the back of curb to the site is 11.5 feet. Therefore, according to Section 12 of the Urban Forestry Manual, at least 500 cubic feet per street tree is required. As shown in Sheets L2.1-L2.2 and Impact Study D, Attachment 4 of the application, all street trees will be provided over 1,000 cubic feet of soil volume. The street tree soil volume requirements are met. 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. Street trees provided will be planted within the right-of-way as shown on Sheets L2.2. This requirement is met. 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. No existing trees are proposed to meet the street tree standards. G. In cases where it is not practicable to provide the minimum number of required street trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund for tree planting and early establishment in an amount equivalent to the City's cost to plant and maintain a street tree for three (3) years (per the Street Tree Planting Standards in the Urban Forestry Manual) for each tree below the minimum required. Due to stormwater treatment and street lighting requirements, the applicant is unable to provide the required number of street trees along Wall Street and requests the option to remit payment into the urban forestry fund for one tree.As conditioned,this requirement 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 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 34 OF 70 be submitted for the director's approval as an alternative to the buffer area landscaping and screening standards,provided it affords the same degree of buffering and screening as required by this code. The site is located to adjacent residential, commercial, and industrial zones. The provisions of this section are applicable. 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. Per Table 18.745.1 and 18.745.2, the buffers and screening requirements are as shown in the table below. Buffer and Screening Requirements Property Line Adjacent Use Setback 3uffer Screening North Right-of-way 25 ft. None None East Multifamily 5+ units;30 ft. C / 10 ft. 4-ft. hedge Detached Single Units South MUE Zone 20 ft. C / 10 ft. 4-ft. hedge West IP Zone 10 ft. D / 20 ft. 6-ft. hedge The required buffer widths fit within the required setbacks for the development, with the exception of the west property line buffer of 20 ft.,which exceeds the setback requirement of 10 ft. As shown in Sheets L1.0- L1.3, the proposed buffers meet the requirements above. 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. 11. Medium stature trees shall be spaced no less than 20 feet on center and no greater than 30 feet on center. 111. 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. Sheets L1.0-L1.3 show the landscaping proposed for these buffers. At least one row of trees is proposed at 40 ft. on center and 20 ft. on center where power lines are present. A row of five-gallon shrubs exceeding the buffer requirement of ten five-gallon shrubs per 1000 sq. ft. is proposed for each area outside of the critical root zone for trees. 5. Where screening is required the following standards shall apply in addition to those STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 35 OF 70 required for buffering: a. A hedge of narrow or broad leaf evergreen shrubs shall be planted which will form a four-foot continuous screen of the height specified in Table 18.745.2 within two years of planting; or b.An earthen berm planted with evergreen plant materials shall be provided which will form a continuous screen of the height specified in Table 18.745.2 within two years. The unplanted portion of the berm shall be planted in lawn or other living ground cover; or c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a continuous sight obscuring screen. As shown above, four-foot screening is required to the east and south and six-foot screening is required to the west. Evergreen shrubs have been chosen that create either a four-foot height or six-foot height hedge depending on buffer type. Some lawn-covered berms have been constructed on the northeast portion of the site that will also help with screening. See Sheets L1.7 and L1.8 for cross-sections of the proposed western property line screening and a sight line analysis. 6. Buffering and screening provisions shall be superseded by the vision clearance requirements as set forth in Chapter 18.795. The requirements of Chapter 18.795 are addressed in Section M of the applicant's narrative and below in this staff report. 7. When the use to be screened is downhill from the adjoining zone or use, the prescribed heights of required fences, walls, or landscape screening shall be measured from the actual grade of the adjoining property. In this case, fences and walls may exceed the permitted six-foot height at the discretion of the director as a condition of approval. When the grades are so steep so as to make the installation of walls, fences or landscaping to the required height impractical, a detailed landscape/screening plan shall be submitted for approval. The use to be screened is downhill from the uses/zones to the east and uphill from the uses/zones to the west. A six-foot chain link fence is proposed along the eastern boundary of the site where it abuts single- family homes; the height will be measured from the grade of the adjoining properties. See Sheet L1.5 for fence details. 8. Fences and walls. a. Fences and walls shall be constructed of any materials commonly used in the construction of fences and walls such as wood, stone, rock or brick, or otherwise acceptable by the director; b. Such fence or wall construction shall be in compliance with other city regulations; c. Walls shall be a minimum of six inches thick; and d. Chain link fences with slats shall qualify for screening; however, chain link fences without slats shall require the planting of a continuous evergreen hedge to be considered screening. A six-foot chain link fence is proposed along the eastern property line where the site abuts single-family homes. The fence will not include slats and vegetated screening is proposed. As shown in Sheets P5.0-P5.3, retaining walls are proposed at various locations on site to respond to the significant topography. These retaining walls will be constructed of Allan Block or similar masonry materials. 9. Hedges. a. An evergreen hedge or other dense evergreen landscaping may satisfy a requirement for a sight- obscuring fence where required subject to the height requirement in STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 36 OF 70 subparagraphs C.2.a and C.2.b of this section; b. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with another hedge, other dense evergreen landscaping, or a fence when it ceases to serve the purpose of obscuring view; and c. No hedge shall be grown or maintained at a height greater than that permitted by these regulations for a fence or wall in a vision clearance area as set forth in Chapter 18.795. Hedges are proposed to meet screening requirements, but are not intended to satisfy a requirement for a sight-obscuring fence. C.Setbacks for fences or walls. 1. No fence or wall shall be constructed which exceeds the standards in paragraph 2 of this subsection C except when the approval authority, as a condition of approval, allows that a fence or wall be constructed to a height greater than otherwise permitted to mitigate against potential adverse effects. 2. Fences or walls. a. May not exceed three feet in height in a required front yard along local streets or eight feet in all other locations and, in all other cases, shall meet vision clearance area requirements in Chapter 18.795; b.Are permitted up to six feet in height in front yards adjacent to any designated arterial or collector street. For any fence over three feet in height in the required front yard area, permission shall be subject to administrative review of the location of the fence or wall. 3. All fences or walls shall meet vision clearance area requirements in Chapter 18.795. 4. All fences or walls greater than six feet in height shall be subject to building permit approval. A six-foot chain link fence is proposed along the eastern property line of the site south of Varns Street.This fence will be located in the side and rear yards of adjacent single-family homes and will not exceed the heights above or obstruct clear vision. As shown in Sheets P5.0-P5.3, retaining walls are proposed throughout the site to respond to significant changes in topography. The portion of the proposed retaining walls in the "front yard" of the site (between Building 1 and Hunziker Street) range in height from ground level to approximately five feet. D.Height restrictions. 1. The prescribed heights of required fences, walls or landscaping shall be measured from the actual adjoining level of finished grade, except that where parking, loading, storage or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured from the level of such improvements. 2. An earthen berm and fence or wall combination shall not exceed the six-foot height limitation for screening. The proposed chain-link fence will be measured from the adjoining level of finished grades and will not exceed six feet in height. E.Screening: special provisions. 1. Screening and landscaping of parking and loading areas: a. Screening of parking and loading areas is required...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; 11. Landscape planters may be used to define or screen the appearance of off- STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 37 OF 70 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 Sheets L1.0-L1.2, parking areas are located along the western boundary of the site, to the east of Buildings 1 and 2, and to the east of Buildings 4 and 5. The parking areas are attractively landscaped with a combination of low-lying and vertical shrubbery and trees. The parking areas are separated from the public right-of-way by a drive aisle of more than 100 ft. As shown in Sheet L1.0, the drive aisle is flanked by 18-ft. deep landscaped areas, which creates an attractive and inviting entry. A 20-ft. buffer is proposed along the western site boundary to meet the buffering requirements of Tables 18.745.1 and 18.745.2, and will effectively screen the western parking areas from view. See Sheets L1.0-L1.9 for sections and L1.7 and L1.8 for sight line cross- sections. The parking areas to the east of Buildings 1 and 2 will be minimized by landscaped berms to the east, as well a 10-ft. buffer along the eastern property line. The parking areas to the east of Buildings 4 and 5 are screened by raised stormwater planters to the east,and through the retention of existing trees on site. As shown on Sheet L2.0, the proposed parking lot tree canopy is 40 percent, which exceeds the minimum requirement of 30 percent. 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. Solid waste and recycling areas will be screened by solid CMU block/masonry walls and are sized per the City's requirements to adequately accommodate all refuse materials. 3. Screening of swimming pools. All swimming pools shall be enclosed as required by the state building code. As shown on Sheet L1.5, the swimming pool will be enclosed by a six-foot fence. 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. Solid waste and recycling areas will be screened by solid CMU block/masonry walls and are sized per the City's requirements to adequately accommodate all refuse materials. C.Buffer matrix. 1. The buffer matrices contained in Tables 18.745.1 and 18.745.2 shall be used in calculating widths of buffering/screening and required improvements to be installed STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 38 OF 70 between proposed uses and abutting uses or zoning districts. 2. An application for a variance to the standards required in Tables 18.745.1 and 18.745.2, shall be processed as a Type II procedure, as regulated by Section 18.390.040, using approval criteria in Section 18.370.010. (Ord. 12-09 §1; Ord. 09-13; Ord. 02-33) The proposed use is subject to Type C and D buffers, as shown above. No variance to the standards is requested. 18.745.060 Re-vegetation A.When re-vegetation is required. Where natural vegetation has been removed through grading in areas not affected by the landscaping and screening requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this section to prevent erosion after construction activities are completed. B.Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the sites and protected from erosion while grading operations are underway; and 1. Such storage shall be located consistent with an approved urban forestry plan per Chapter 18.790 or outside the tree canopy driplines of trees intended to be preserved in cases when there is no approved urban forestry plan; and 2. After completion of such grading, the topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. C.Methods of re-vegetation. Acceptable methods of re-vegetation include hydro-mulching or the planting of rye grass,barley, or other seed with equivalent germination rates, and: 1. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area; 2. Other re-vegetation methods offering equivalent protection may be approved by the approval authority; 3. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and 4. The use of native plant materials is encouraged to reduce irrigation and maintenance demands.(Ord. 12-09 §1) As shown in Sheets L1.0-L1.5, areas of the site not affected by the landscaping and screening requirements and not occupied by structures will be replanted as set forth in this section. Topsoil removed from the surface will be stored on the development site or on the future employment site and eight inches of topsoil will be prepared and amended for seeding and planting. As shown in Sheet L1.6, revegetation will meet the standards of C above. FINDING: Based on the analysis above, the applicable Landscaping and Screening standards have not been fully met but can be met through the following conditions of approval. CONDITIONS: The applicant shall remit payment into the Urban Forestry Fund for tree planting and early establishment in the amount of$566 for providing one less street tree than is otherwise required. 18.755 MIXED SOLID WASTE AND RECYCLABLE STORAGE 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 subject to full site plan or design review; and are located within urban zones that allow, outright or by condition,for such uses. Franchised hauler review method. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 39 OF 70 1. Applicability. The franchised hauler review method is only available in jurisdictions with franchise collection service areas because there is certainty as to which hauler will actually provide service to the proposed development, once it is constructed; 2. Description of method. This method provides for coordinated review of the proposed site plan by the franchised hauler serving the subject property; FINDING: The applicant used the minimum standards method to determine the size of facility needed to satisfy the proposed residential use. Pride Disposal is the service provider in the area of the City proposed for development. To ensure coordinated review of the proposed site plan by the franchised hauler serving the property, a condition requiring a service provider letter will be imposed. CONDITION: Prior to site work, the applicant shall submit a service provider letter from Pride Disposal verifying the proposed mixed solid waste and recyclable storage facilities meet applicable design and location criteria such that the facilities can be serviced. 18.765 OFF-STREET PARKING AND LOADING REQUIREMENTS 18.765.020 Applicability of Provisions A. New construction. At the time of the erection of a new structure within any zoning district, off- street vehicle parking will be provided in accordance with Section 18.765.070. The proposal is for the development of residential uses. The provisions of this chapter are applicable. 18.765.030 General Provisions A.Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The director shall provide the applicant with detailed information about this submission requirement. Response: Scaled site plans showing detailed vehicle parking and circulation are included as Sheets P3.0- P3.3. B.Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s). 2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the property line that they are required to serve, measured along the most direct, publicly accessible pedestrian route from the property line with the following exceptions: a. Commercial and industrial uses which require more than 40 parking spaces may provide for the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the primary site; b.The 40 parking spaces which remain on the primary site must be available for users in the following order of priority: i. Disabled-accessible spaces, 11. Short-term spaces, ill. Long-term preferential carpool and vanpool spaces, iv. Long-term spaces. The proposed development is multifamily development and B.2 above is applicable. The parking lots are located on site.This standard is met. C.Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly the same parking and loading spaces when the peak hours of operation do not STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 40 OF 70 overlay, subject to the following: 1. The size of the joint parking facility shall be at least as large as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070; 2. Satisfactory legal evidence shall be presented to the director in the form of deeds, leases or contracts to establish the joint use; 3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of this title thereafter apply to each separately. No joint parking is proposed.This standard is not applicable. D.Parking in mixed-use and multiple-tenant projects. In commercial mixed-use and multiple- tenant projects, the required minimum vehicle parking shall be determined using the following formula: 1. Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use(s) in Section 18.765.060; 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 85% of the vehicle parking required for that use(s) in Section 18.765.060; 3. Tertiary use at 70% of the vehicle parking required for that use(s) in Section 18.765.060; 4. All other uses at 60% of the vehicle parking required for that use(s) in Section 18.765.060. No mixed-use or multiple-tenant development is proposed. This standard is not applicable. 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. The proposed development requires more than ten parking spaces and is subject to these standards. 372 parking spaces are required, and 56 (372*0.15) visitor parking spaces are required. Table 12 below and Sheet P1.1 detail required and provided parking. Visitor Parking Parking Unit Size Parking Ratio # of units required 1 BR 1.25 128 160 2 BR 1.5 104 156 3 BR 1.75 32 56 264 372 Visitor 15% 56 TOTAL 428 F.Preferential long-term carpool/vanpool parking. Parking lots providing in excess of 20 long- term parking spaces shall provide preferential long-term carpool and vanpool parking for employees, students and other regular visitors to the site. At least five percent of total long- term parking spaces shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to the main entrances of the building than any other employee or student parking except parking spaces designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per requirements in 18.765.040.N STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 41 OF 70 and shall be clearly designated for use only by carpools and vanpools between 7 a.m. and 5:30 p.m. Monday through Friday. The development is residential, and this standard is not applicable 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 on Sheet P1.0, 11 disabled-accessible parking spaces are provided and will be sized, signed, and marked as required by the state building code and federal standards. 18.765.040 General Design Standards A.Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times. Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be replaced so that their function will not be impaired. 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; Access drives from Hunziker Street and Wall Street are designed to the standards of Figure 18.765.1 and Fire Department standards to provide adequate vehicular traffic spacing. Speed-reduction humps are provided within the drive aisle as recommended by the TIA and approved by the TVF&R and shown on Sheet P1.2. This standard is met. 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705,Access, Egress and Circulation; As discussed in the response to Chapter 18.705, two access drives are required and two are proposed. This standard is met. 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; The access drives provide the only access to the site and are defined by the driveway apron and approach. This standard is met. 4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795,Visual Clearance; As shown on Sheet P1.1 and described in Section M of this narrative, the access drives meet the minimum vision clearance standards of Chapter 18.795. This standard is met. 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 The access drives will be improved with asphalt. This standard is met. 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 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 42 OF 70 will be required. All parking spaces are accessed by an on-site parking aisle and no backing movements or maneuvering within a street or other right-of-way is needed. This standard is met. C.Loading/unloading driveways. A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school or other meeting place which is designed to accommodate more than 25 people at one time. No loading/unloading driveways are proposed. This standard is not applicable. D.On-site vehicle stacking for drive-in use... No drive-in uses are proposed. This standard is not applicable. E.Curb cuts. Curb cuts shall be in accordance with 18.810.030.N. As shown in Sheets L3.0 and L3.3 and described in Section N of this narrative, the curb cuts to Hunziker Street and Wall Street are in accordance with 18.810. This standard is met. F.Pedestrian access. Pedestrian access through parking lots shall be provided in accordance with 18.705.030.F. Where a parking area or other vehicle area has a drop-off grade separation, the property owner shall install a wall, railing, or other barrier which will prevent a slow-moving vehicle or driverless vehicle from escaping such area and which will prevent pedestrians from walking over drop-off edges. As shown in Sheets P3.1-P3.3 and described in Section E of the application, pedestrian access through the parking lots is provided in accordance with 18.705.030.F. This standard is met. G.Parking lot landscaping. Parking lots shall be landscaped in accordance with the requirements of Chapter 18.745. As shown in Sheets L1.0-L2.0 and described in Section I of this narrative, the parking lots are landscaped in accordance with the requirements of Chapter 18.745. This standard is met. H. Parking space surfacing. 1. Except for single-family and duplex residences, and for temporary uses or fleet storage areas as authorized in paragraphs 3 and 4 of this subsection H, all areas used for the parking or storage or maneuvering of any vehicle, boat or trailer shall be improved with asphalt, concrete, or pervious paving surfaces. Any pervious paving surface must be designed and maintained to remain well-drained. All parking spaces will be surfaced with asphalt. This standard is 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. As shown in Sheets P3.0-P3.3, all parking spaces and interior access aisles will be clearly marked. This standard is met. J. Wheel stops. Parking spaces along the boundaries of a parking lot or adjacent to interior STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 43 OF 70 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 Sheets P3.0-P3.3, all parking spaces are provided with wheel stops meeting this standard. This standard is met. K.Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the city engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. As shown in Sheets P4.0-P4.3 and described in Impact Study F of the application, off-street parking and loading areas will be drained in accordance with specifications approved by the city engineer. This standard is met. L.Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. As shown in Sheets P4.0-P4.3 and Appendix E, all lights provided to illuminate the parking area will be provided to direct the light away from the adjacent residential district to the east. This standard is met. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780, Signs. No signs are proposed at this time. This standard is not applicable. N. Space and aisle dimensions. (Figure 18.765.1) 1. Except as modified for angled parking in Figures 18.765.1 and 18.765.2, the minimum dimensions for parking spaces are: a. 8.5' x 18.5' for a standard space; b. 7.5' x 16.5' for a compact space; and c. As required by applicable State of Oregon and federal standards for designated disabled person parking spaces; d.The width of each parking space includes a stripe which separates each space. 2. Aisles accommodating two direction traffic, or allowing access from both ends, shall be 24 feet in width; 3. Minimum standards for a standard parking stall's length and width, aisle width, and maneuvering space shall be determined as noted in Figure 18.765.2. As shown in Sheets P3.0-P3.3, standard parking spaces are 8.5 ft. x 18.5 ft. and compact spaces are 7.5 ft. x 16.5 ft. The drive aisles are 24 ft. width to accommodate two- direction traffic. These standards 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 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 44 OF 70 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. As shown in Sheets A2.02-A2.06, each unit will be provided with a secured wall- mounted bike rack on its patio or balcony. Each building is served by an elevator for use in transporting bicycles if desired. This standard is met. 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. Bicycle parking facilities for each unit will be provided on covered patios or balconies. This standard is met. 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. Bike racks will be securely anchored to the wall and will allow secure locking without the movement of other bikes. The bike racks are two feet deep and an additional 8-18 ft. of clear space is provided on each patio or balcony. Patio and balcony heights are at least nine feet These standards are met. D. Paving. Outdoor bicycle parking facilities shall be surfaced with a hard surfaced material, i.e., pavers, asphalt, concrete, other pervious paving surfaces, or similar material. This surface must be designed and maintained to remain well-drained. No outdoor bicycle parking facilities are proposed.This standard is not applicable. 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. As shown in Table 18.765, one bicycle parking space is required for each two dwelling units, and 132 bicycle parking spaces are required. A bicycle parking space is provided for each dwelling unit, for a total of 264 bicycle parking spaces.This standard is met. 18.765.060 Parking Structure Design Standards STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 45 OF 70 No structured parking is proposed. This section is not applicable. 18.765.080 Off-Street Loading Requirements A.Off-street loading spaces. Commercial, industrial and institutional buildings or structures to be built or altered which receive and distribute material or merchandise by truck shall provide and maintain off-street loading and maneuvering space as follows: 1. A minimum of one loading space is required for buildings with 10,000 gross square feet or more; 2. A minimum of two loading spaces for buildings with 40,000 gross square feet or more. The proposed buildings are residential, and no off-street loading spaces are required. These standards are not applicable. FINDING: As shown in the analysis above, the applicable Off-Street Parking and Loading Requirements are met. 18.775.070 SENSITIVE LAND PERMITS A. Permits required. An applicant, who wishes to develop within a sensitive area, as defined in Chapter 18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the proposed activity within a sensitive area, either a Type II or Type III permit is required, as delineated in subsections 18.775.020.F and G. The approval criteria for various kinds of sensitive areas, e.g., special flood hazard area, are presented in subsections B through E of this section. C. With steep slopes. The appropriate approval authority shall approve, approve with conditions or deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground based upon findings that all of the following criteria have been satisfied: Slopes of more than 25 percent are present in on site, and a sensitive lands permit is required for development within those areas. There are three steep slope areas on site: adjacent to Hunziker Street; a small area at the northeastern lot line; and an area in the southern portion of Parcel 2, to the north of the former mine shaft located adjacent to the railroad tracks. As shown in Sheet P1.0, a slope easement adjacent to Hunziker Street was granted to the City of Tigard in 1975 (Book 1043 Page 994) for the area 10 ft. south of the road to accommodate road construction and the grading required to match on-site elevations. The small slope area adjacent to the northeast property boundary appears to serve as a berm or drainage ditch. The slope area to the south of the site is the result of excavation related to the former mining operation on site. 1. Compliance with all of the applicable requirements of this title; Compliance with all of the applicable requirements of this title is addressed throughout the narrative. The proposed development meets all applicable requirements. This criterion is met. 2. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that required for the use; As shown on Sheet P1.0, the areas of slopes are adjacent to Hunziker Street (this area is within a slope easement and was created by construction of Hunziker Street); adjacent to and within the future Wall Street right-of-way improvements; and along the northeastern property line; and north of the previously operational mine. As shown in Sheets P5.0-5.4, the proposed site disturbances are limited to the area of the site being STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 46 OF 70 developed with buildings, required pedestrian facilities, and infrastructure (transportation and utilities). Additional disturbance is required to match the grade on site to adjacent grades. The eastern, forested portion of the site is left undisturbed to the greatest extent possible. This criterion is met. 3. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The proposed development will reduce or eliminate the steep slopes on the site through grading. The development is restricted to on-site work and frontage improvements and will be conducted with appropriate erosion controls. The development will not result in instability or hazards. The site is not adjacent to a stream and sedimentation will not occur. This criterion is met. 4. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; and Structures are proposed within the slope area on Parcel 2, north of the former mine site. Grading on the southern portion of the site will fill the slope area for future employment development. As detailed in the geotechnical report included as Impact Study G, none of the listed soil conditions appear to be present. A geotechnical engineer will confirm suitable bearing conditions and evaluate footing subgrades during construction.This criterion is met. 5. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.745, Landscaping and Screening. Natural vegetation, primarily, will be removed for development. The areas will be replanted per 18.745 as described in Section I of this narrative and shown in Sheets L5.0L5.5. FINDING: As shown in the analysis above, the applicable standards for development on slopes of 25 percent or greater or unstable ground are met. Therefore, staff recommends the Commission approve the request for the sensitive lands permit. 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; 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and 4. Meet the supplemental report standards in the Urban Forestry Manual. An urban forestry plan prepared by a licensed arborist and coordinated by a landscape architect is included as Impact Study D of the application. The urban forestry plan submitted meets the urban forestry plan requirements.This standard is met. 18.790.060 Urban Forestry Plan Implementation STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 47 OF 70 B. 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. Section 11, part 2 of the Urban Forestry Manual requires 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. Therefore, the applicant shall provide a tree establishment bond in the amount of$126,015 (271 planted trees x $465/tree) that meets the requirements of the Urban Forestry Manual Section 11, Part 2. As conditioned.This requirement is met. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3 of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan. The plan includes 549 trees (278 retained + 271 planted). Therefore, 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 in the amount of$15,500 ($156 + $15,344 ($28/tree x 548 trees)). As conditioned, this requirement is met. FINDING: As shown in the analysis above, the applicable urban forestry plan, urban forestry tree inventory and establishment standards have been met. To ensure compliance, the following conditions are applied: CONDITIONS: Prior to any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the urban forestry plan and send written verification with a signature of approval directly to the city manager or designee within one week of the site inspection. 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 site improvements, the applicant shall provide a tree establishment bond in the amount of$126,015 (271 planted trees x$465/tree). Prior to site improvements, 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 in the amount of$15,500 ($156 + $15,344 ($28/tree x 548 trees)). 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 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 48 OF 70 exists, from the street center line grade, except that trees exceeding this height may be located in this area,provided all branches below eight feet are removed. FINDING: The Detailed Development Plan (Sheet P1.1) illustrate the applicable required clear vision triangles at Hunziker Road and Wall Street.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 does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. The proposed development is adjacent Hunziker Rd and Wall St, both public streets with one driveway on Hunziker and two on Wall. Additionally, the development is also adjacent to 76th Ave, an unimproved right of way. The site plans show the frontage of the proposed development being improved along both Hunziker Rd and Wall St. Improvement along Hunziker includes 37 feet from centerline right of way dedication, 24 feet from centerline pavement rehabilitation, curb, five-foot planter and eight-foot sidewalk. The site plans also show that Hunziker is striped with two travel lanes at 10.5 feet each, a center turn lane at 11 feet, and two bike lanes at five feet each. Similarly, improvement along Wall includes 52 feet right of way dedication, 34 feet of new pavement for two travel and bike lanes,curb on both sides of the street, five-foot planter, and six-foot sidewalk on one side of the street. A 25-foot from centerline right of way dedication is also proposed along the portion of the development adjacent directly to 76th Ave. The Applicant proposes to construct an eight-foot pedestrian path for connectivity between the existing neighborhood adjacent to 76th Ave and Hunziker Rd. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following condition exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorist or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not,by itself,provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and proposed land partition does not create any new streets;or STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 49 OF 70 f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. The Applicant proposed to provide street improvements on both Hunziker Rd and Wall St. The Applicant does not propose to pay a fee in lieu for street improvements. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic condition. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval. a. The applicant shall submit such additional and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made. b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which area necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name "the public" as grantee. No rights-of-way are being created for new streets. The applicant has proposed right-of-way dedication on adjacent existing streets.This criterion does not apply. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. The site plans show that Parcel 1 and Parcel 2 will have three shared accesses: one on Hunziker Rd and two on Wall St. The narrative indicates that crossover access easements are anticipated. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 50 OF 70 Prior to final plat approval, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be reviewed and approved by the Engineering Department prior to recording. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the purposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section; and The narrative indicates that the location and grade of Hunziker Rd were previously established and they will remain unchanged. Wall Street will be improved to meet the Collector Street's standard cross section. 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission,if it is impractical to conform to existing street pattern because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served,the volume of traffic,the capacity of adjoining streets and the need for public convenience and safety. Hunziker Rd,Wall St, 76th Ave adjacent to the proposed development are shown on the site plans. E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the comprehensive plan transportation chapter-functional street classification. b. Anticipated traffic generation. c. On-street parking needs. d. Sidewalk and bikeway requirements. e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. i. Planting and landscape areas. j. Safety and comfort for motorists,bicyclists, and pedestrians. k. Access needs for emergency vehicles. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 51 OF 70 The site plans and narrative indicate that right of way dedications on Hunziker Rd and Wall St are in accordance with the cross section of the Collector Street. Similarly, right of way dedication on 76th Ave is in accordance with the Local Street. The site plans show the frontage of the proposed development being improved along both Hunziker Rd and Wall St. Improvements will include either half or full pavement construction, curb, planter, and sidewalk installation. Streetlights and street trees are also provided. The unimproved right of way of 76th Ave will remain unchanged however; the applicant proposes to install an eight-foot pedestrian path for connectivity between the exiting neighborhood and Hunziker Rd. F. Future street plan and extension of streets. 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division.At the applicant's request,the city may prepare a future streets proposal. Costs of the city preparing a future streets proposal shall be reimbursed for the time involved.A street proposal may be modified when subsequent subdivision proposals are submitted. The Applicant is not proposing any future streets. b. b. Identify existing or proposed bus routes,pullouts or other transit facilities,bicycle routes and pedestrian facilities on or within 530 feet of the site. Bus route number 78 was identified along Hunziker Rd with no bus stop in front of the proposed development. The City is working with Trimet and the Applicant to relocate an existing bus stop located approximately 200 feet east of the development to be directly adjacent to the frontage of the development where sidewalk is going to be provided. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be cul- de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the city engineer,the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. There is no future division of adjoining land identified. The standards are not applicable. 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 STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 52 OF 70 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. The site plans and narrative indicate that the Applicant will dedicate 52 feet of right of way along Wall St for future street extension to Tech Center Dr. Additionally, a 25-foot right of way dedication plus 25-foot transportation easement will be provided along the 76th Ave for future street extension as necessary. Although the development also has frontage on Varns St,the Tigard City Council adopted an ordinance in 1979 that prevents any street extension of Varns,which was affirmed by City Council in 2016 by passage of a similar resolution. Therefore, street extension of Varns will not be required at this location. No internal street is proposed or deemed necessary. I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right angle as practical, except where topography requires a lesser angle, but in no case shall the angle be less than 75°unless there is special intersection design, and: No new intersection is proposed. 1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless topography requires a lesser distance; No new street is proposed. 2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the right of way line of the acute angles; No new intersection is proposed. 3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less than 20 feet. The proposed development is adjacent to Hunziker Rd and Wall St,both Collector Streets. This standard is not applicable. J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less than standard width, additional rights-of-way shall be provided at the time of subdivision or development. The site plans and narrative indicate that a 37-foot right of way dedication along Hunziker Rd, an established right of way,will be provided and in accordance with the Collector Street. K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20 feet, while generally not acceptable, may be approved where essential to reasonable STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 53 OF 70 development when in conformity with the other requirements of these regulations, and when it will be practical to require the improvement of the other half when adjoining property developed. No partial improvement is proposed. Both Hunziker Rd and Wall St will be improved to provide two-travel and bike lanes in both directions. No pavement improvement was asked for on 76th Ave however, an eight- foot wide lighted pedestrian path and storm water treatment will be provided. L. Cul-de-sac No cul-de-sac is proposed. This standard is not applicable. M. Street name. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County, except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the city engineer. No new street name is proposed. The standard is not applicable. 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. No new street is proposed or required. The existing Wall St is going to be improved to meet the Collector Street standards with grade at less than 12 percent. O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Curbs,curb cuts,ramps,and driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. Railroad is located across from the proposed development on Wall St. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 54 OF 70 5. If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The proposed development abuts Hunziker Rd and Wall St, both Collector Streets. The residential buildings are setback from both Hunziker Rd and Wall St. Street trees and onsite trees plus landscape are going to be provided to screen the buildings from Hunziker Rd. No through traffic is proposed. R. Alleys,public or private. The proposed development does not propose any alleys,public or private. This standard is not applicable. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. The narrative indicates that survey monuments and certification will be provided prior to the acceptance of street improvements by the City. T. Private streets. 1. Design standards for private streets shall be established by the city engineer; and 2. The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. No private street is proposed. The standard is not applicable. U. Railroad Crossing. The proposed site is not adjacent to railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs, relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. Street signs along the proposed development frontage on Hunziker Rd and Wall St, if required, will be installed by the Applicant. W. Mail Boxes.Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S. post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S. post office prior to final approval. No new mailbox is shown on the site plans. Prior to commencing of site improvements, proposed mailboxes shall be shown on the site plan for Engineering's review and approval. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 55 OF 70 X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Y. Streetlight standards. Streetlights shall be installed in accordance with regulations adopted by the city's direction. The site plans show streetlights are proposed on both Hunziker Rd and Wall St. The narrative indicates that a photometric analysis was conducted but was not submitted. Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis for review and approval. If new streetlights are required based on the photometric analysis, the Applicant shall submit plans showing the location of streetlights to Engineering for review and approval. Type and color of pole and light fixture shall also be included on the plan for review and approval. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. No new street sign is proposed or requested. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90% of the structures in the new development are completed or three years from the commencement of initial construction of the development, whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway; however, no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. The Applicant's site plan shows the frontage of the proposed development being improved along both Hunziker Rd and Wall St. The structural street cross sections with callouts of sub-grade and pavement thickness are provided and in accordance with the City of Tigard's Collector Street. BB. Traffic calming. When, in the opinion of the city engineer, the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding, the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative, the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 56 OF 70 No traffic calming measures are proposed or deemed necessary. The standard is not applicable. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10% or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within th following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. A TIS was required and submitted with the Application. The TIS dated July 14, 2017 and the additional Memo dated November 1, 2017 were reviewed by the DKS, the City's traffic consultant. The reports and recommendations of traffic mitigation were found adequate and acceptable. Traffic mitigations shall be reviewed in detail prior to the PFI Permit issuance. Traffic mitigations are subject to the review, modification, and approval of the City Engineer. 18.810.040 Blocks A. Block design. The length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. B. Sizes. 1. The perimeter of blocks formed by streets shall not exceed 2,000 feet measured along the centerline of the streets except: STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 57 OF 70 a. Where street location is precluded by natural topography, wetlands, significant habitat areas or bodies of water, or pre-existing development; or b. For blocks adjacent to arterial streets, limited access highways, collectors or railroads. c. For nonresidential blocks in which internal public circulation provides equivalent access. The site is located within a block with a perimeter of approximately 8,400 lineal feet, when accounting for the city's capital improvement project extending Wall Street from Hunziker Road to Tech Center Drive. The block is in excess of the 2,000-foot perimeter maximum. However, the site is exempt from full street connections through the site because there is an approved development on the adjacent property to the west that would preclude extension of a street through the development site. Additionally, by ordinance and resolution the Tigard City Council has restricted vehicular traffic from the Fred Fields Trust property (subject site) accessing onto the abutting Varns Street to the east. 2. Bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is exempted by paragraph 1 of this subsection B. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. (Ord. 06-20; Ord. 02-33) When full street connection is exempted by paragraph 1 of this subsection B, then bicycle and pedestrian connections on public easements or right-of-ways shall be provided. As shown on the Detailed Development Plan (Sheet P1.1) and the Preliminary Plat (Sheet P1.5), pedestrian/bicycle connections are provided within the proposed 76th Ave right-of-way to the northern portion of the site; and within a public pedestrian access easement from Varns Street to Wall Street to the south and from Varns Street to Wall Street to the west (through the adjacent industrially zoned property). The eastern boundary of the site is approximately 2,600 lineal feet between Hunziker and the future Wall Street. Spacing between the proposed connections from the east at 76th Avenue and Yarns is approximately 330 feet. Further connections to the east are precluded by existing residential development. The western boundary of the site is approximately 1,800 lineal feet between Hunziker and Wall, with a single connection to Wall through the approved industrial development site approximately 750 feet from Hunziker and 1,050 feet from the future Wall Street. Further connections to the west are precluded by previously approved development. It is not possible to meet the 330-foot minimum standard in all cases due to existing development patterns. The applicant has proposed bicycle and pedestrian connections at all feasible locations. 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 drainage way, there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. A preliminary plat was submitted with the application. The plat shows combined public storm drainage and sanitary sewer easements are proposed onsite. Additionally, an eight-foot Public Utility Easement (PUE) is provided for franchised utilities along both Hunziker Rd and Wall St. B. Utility Easements. A property owner proposing a development shall make arrangement 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. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 58 OF 70 The combined public storm drainage and sanitary sewer easements are shown to be at 20 feet minimum and in accordance with CWS Design and Construction Standards. The PUE is eight feet wide and is acceptable. 18.810.70 Sidewalk. A. 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 the city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. The site plans show the frontage of the proposed development being improved with eight-foot sidewalk along Hunziker Rd and six-foot sidewalk on Wall St. Additionally, an eight-foot pedestrian path is provided on 76th Ave, an unimproved right of way adjacent to the development and extended to Hunziker Rd. B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian route within 1/2 mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 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). A pedestrian system analysis identifying all public activity centers within 1/2 mile of the site was submitted. The analysis indicates that there are direct and safe routes to the Library, Senior Center, Fanno Creek Greenway and the Skate Park. No direct routes to the Brown Natural Area or Bonita Park are available due to the railroad tracks. A direct pedestrian route to Touchstone School will be provided when the Wall St extension and connection to Tech Center Drive is complete. Currently, there is no sidewalk connecting the proposed development to the exiting bus stop located approximately 200 feet northwest of the site on Hunziker Rd. The Applicant shall coordinate with the City and Trimet to provide a safe and direct pedestrian route to the bus stop. Relocating the bus stop in conjunction with adding an onsite pedestrian path connecting the existing neighborhood and the apartment complex northwest of the site to Hunziker Rd is an acceptable option. There is no sidewalk gap within 300 feet of the proposed development. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: There is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. The site plan shows the frontage of the proposed development being improved with five-foot planters along both Hunziker Rd and Wall St. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 59 OF 70 The Applicant should understand it is their obligation to maintain the adjacent sidewalks, curbs and planter strips. E. Application for permit and inspection. If the construction of a sidewalk is not included in the performance bond of an approved subdivision or the performance bond has lapsed, then every person, firm or corporation desiring to construct sidewalks as provided by this chapter, shall be before entering upon the work or improvement, apply for a street opening permit to the Engineering Department to so build or construct: 1. An occupancy permit shall not be issued for a development until the provision of this section is satisfied. 2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the provision of this section to the owner, builder or contractor when, in his or her opinion, the construction of the sidewalk is impractical for one or more of the following reasons: a. Sidewalk grades have not and cannot be established for the property in question within a reasonable length of time. b. Forthcoming installation of public utilities or street paving would be likely to cause severe damage to the new sidewalk. c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of the street; or, d. Topography or elevation of the sidewalk base area makes construction of sidewalk impractical or economically infeasible. 3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set forth in the standard specifications manual. A PFI Permit is required for the construction and improvement within the public right of way on Hunziker Rd and Wall St. The design and construction of the public improvement shall be reviewed and inspected by the Engineering Division for compliance. F. Council initiation of construction. In the event one or more of the following situations are found by the council to exist, the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances: 1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard; 2. A safety hazard exists for pedestrians walking to or form a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard; 3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings. 4. A criteria which allowed noncompliance under this section no longer exists and a sidewalk could be constructed in conformance with city standards (Ord. 12-13 §1; Ord. 06-20; Ord. 02-33, Ord. 99-22) The site plan shows the frontage of the proposed development being improved with eight-foot sidewalk along Hunziker Rd and six-foot sidewalk on Wall St. An eight-foot lighted pedestrian path from 76`h Ave to Hunziker Rd is also provided. 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. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 60 OF 70 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. D. Permit Denied. Development permits may be restricted by the commission or hearing officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The site plans and narrative indicate that there are two public sanitary sewer mains proposed to serve the proposed development. One connects to the exiting public sanitary sewer main on Hunziker Rd, and the other to the proposed public sanitary sewer main on Wall St. Additionally, the Applicant also provides a public sanitary sewer main stubout to serve the existing neighborhood to the north for future extension of sewer service. The proposed public sanitary sewer mains will be eight-inch pipe. No oversizing sewer system is proposed or required. A PFI permit is required for the construction and the improvement of the sewer mains and their connections within the public right of way on Hunziker Rd and Wall St. The design and the construction of the public sanitary sewers and associated facilities shall be reviewed and inspected by the Engineering Division for compliance. A.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; The site plans and narrative indicate that the onsite and offsite storm drainage systems are separate and independent from sanitary sewer systems. 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The site plans and narrative indicate that the proposed storm systems including catch basins, storm drainage mains, and water quality and detention facilities are proposed to ensure that runoff is captured, detained and released properly and in accordance with stormwater management regulations. Surface water will not be carried across any intersection or allowed to flood any street. 3. Surface water drainage patterns shall be shown on every development proposal plan. The site plans show that both onsite and offsite storm systems with proper pipe size, slope, and basin locations and rim elevations are going to be provided. Run-off generated by the proposed development will be captured, conveyed, treated and detained priorto releasing to the offsite public system on Hunziker Rd and on Wall St. B. Easement. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The site is not traversed by a watercourse, drainageway, channel or stream. The site plans show that combined public storm drainage and sanitary sewer easements are provided to serve the development and existing neighborhood to the north when needed. No additional easement is needed. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 61 OF 70 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). The Applicant proposes to construct a public storm drainage main stub out to serve the existing neighborhood north of the site when needed. The main will be 12-inch pipe and in accordance with CWS Design and Construction Standards. 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). A Preliminary Storm Drainage Report was included in the submittal package addressing onsite and offsite storm drainage. The report indicates that LIDA facilities and detention pipes will be used to address water quality and quantity requirements for all onsite run-off. LIDA facilities and above ground detention facility will be used to address water quality and quantity requirements for all offsite runoff. 18.810.110 Bikeways and Pedestrian Pathways A. Bikeway extension. 1. As a standard, bike lanes shall be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan (TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. The proposed development is adjacent to Hunziker Rd and Wall St, both Collector Streets and require bike lanes. The site plans including a striping plan show the frontage of the proposed development being improved along both Hunziker Rd and Wall St with five-foot bike lane included. 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. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 62 OF 70 There are overhead high voltage lines on the opposite side of the street from the proposed development on Hunziker Rd and Wall St. Those high voltage lines are exempt from undergrounding requirements. Low voltage lines are not exempt from undergrounding; existing overhead utilities will be placed underground. The site plans and narrative indicate that there are existing overhead utilities located onsite and along the development's frontage on 76`' Ave. Those overhead utilities will be placed underground. All new utilities serving the proposed development will be placed underground. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. An eight-foot PUE along Hunziker Rd and Wall St will be dedicated and recorded at final plat for the purpose of undergrounding utilities. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The city engineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 63 OF 70 timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. When low voltage overhead utilities exist and are located across a public right of way from the proposed development, the Applicant shall pay a fee in lieu of undergrounding. The fee in lieu shall be assessed in accordance with the undergrounding fee in the City Master Fees and Charges Schedule. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: A TIS dated July 14, 2017 and an additional Memo dated November 1, 2017 were submitted and reviewed by the DKS, the City's traffic consultant. Both the reports and recommendations of traffic mitigation were found adequate and acceptable. Traffic mitigations shall be reviewed in detail at the time of the PFI Permit issuance. Traffic mitigations are subject to the review, modification, and approval of the City Engineer. Prior to commencing of site improvements, the Applicant shall submit the final traffic mitigation methodology and the construction estimates of the interim mitigation and the development cost sharing toward the future permanent improvement in accordance with the Transportation System Plan (TSP) at Hall and Hunziker, and Hunziker and Scoffms intersections for review and approval. Prior to final plat approval, the fee in lieu of the interim mitigation and the funding toward the future permanent improvement at Hall and Hunziker, and Hunziker and Scoffins intersections shall be paid in full. Crossover Access Easement/Maintenance Agreement: Prior to final plat approval, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be reviewed and approved by the Engineering Department prior to recording. Fire and Life Safety: Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R prior to commencement of site improvements. Public Water System: The water systems on Hunziker Rd and Wall St are under the City of Tigard jurisdiction. The site plans indicate that an eight-inch DI water main extension is proposed on Wall St to serve Parcel 2 of the development. The site plans also indicates a service and a fire hydrant taps on the existing water main on Hunziker Rd are proposed to serve Parcel 1 of the development. Prior to commencing of site improvements, the Applicant shall submit a plan showing the location of all new mains, fire hydrants, new services, meters, vaults, and associate water facilities to Engineering for review and approval. All water facilities shall be designed in accordance with the City of Tigard Standards. Prior to final plat approval, the water mains, fire hydrants, services, meters, vaults, and associated water facilities shall be constructed, completed and/or satisfied. NOTE: An estimated 12 percent of the water system cost will be assessed prior to approval of the City of Tigard's PFI permit. Storm Water Quality: STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 64 OF 70 The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on- site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to commencing of site improvements, the Applicant shall submit a final storm drainage report to Engineering for review and approval. The report shall be prepared in accordance with CWS Design and Construction Standards and shall include evidences how onsite and offsite stormwater run-off generated by the proposed development are going to be captured, conveyed, treated and detained. Prior to final plat approval, the treatment and detention facilities for all offsite run-off shall be constructed, completed,and/or satisfied. Prior to final plat approval, tract that is dedicated to the City for the purpose of stormwater treatment and detention shall be recorded. Prior to final inspection, the treatment and detention facilities for all onsite run-off shall be constructed, completed,and/or satisfied. Prior to final inspection, a stormwater maintenance agreement of all the onsite stormwater treatment and detention facilities shall be recorded. The maintenance agreement shall be recorded on the city form. Wetland/Vegetated Corridor: A Service Provider Letter (SPL) from CWS dated September 25, 2017 was submitted with the application. A couple of wetlands and vegetated corridor encroachments have been identified on the proposed site. There are several conditions of approval listed on the SPL that must be completed and/or satisfied accordingly. Prior to commencing of site improvements, the Applicant shall provide the Engineering Division evidences that the project has received authorization permits from both Department of State Lands and US Army Corps of Engineers. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization. Prior to issuance of the City of Tigard PFI Permit, plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after the City's preliminary review for their review and issuance of the Stormwater Connection Authorization. Prior to final inspection, all CWS conditions of approval listed in the SPL shall be complete and/or satisfied. Grading and Erosion Control: Clean Water Services 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. In accordance with CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 65 OF 70 The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Department. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. A draft Geotechnical Investigation Report, prepared by RhinoOne Geotechnical, dated December 16 2016, was submitted. The grading and paving plans shall comply with the geotechnical report recommendations. Public street paving shall comply with the City of Tigard Standards. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels and suites within the City of Tigard. An addressing fee of$50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval or issuance of building permits. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Development Services Division (Engineering) provided comments in a Memorandum dated January 9, 2018 addressing streets and utilities to inform the development of the detailed plan. These comments have been incorporated into this staff report to the Planning Commission and are also attached. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 66 OF 70 In addition, Mike McCarthy, Senior Transportation Engineer, commented on the Rolling Hills neighbor's proposal for a permit parking plan, in which he cites fourteen cases of these types of requests over the years: "Our protocol and consistent response is that we will not implement this type of permit parking zone in Tigard. Reasons for this include: Public streets are open for all of the public to use. We do not get in the position of saying that `these'members of the public are allowed to park on this public street while `those'members of the public may not park on this public street. The taxpayer cost to administer such a program would be significant Such a program would necessitate a significant amount of enforcement in order to work. Officer time for this enforcement is not available, and it would be difficult to justify this significant taxpayer expense." Public Works Department had an opportunity to review this proposal and had no objections. Tigard Police Department reviewed the proposal and commented that a photometric plan must show adequate lighting along the footpath encircling the development site. A site lighting concept is included in the application as Appendix E and solar lighting specifications as Appendix F. In addition, Mike Eskew, Tigard Police Department Lieutenant, commented that TPD doesn't have dedicated staff to enforce district parking zones, as proposed by Rolling Hills neighbors. SECTION VI. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: Portland and Western Railroad and Tigard Tualatin School District. Oregon Department of Transportation submitted a comment letter dated January 9, 2018 identifying required mitigation for the proposed development impacts at the SW Hall Boulevard/SW Hunziker/SW Scoffins intersection. Housing Authority of Washington County submitted a comment letter in support of the development of affordable housing in Tigard and as a partner with DBG Properties LLC in the project. Washington County Department of Land Use and Transportation commented that they do not have jurisdiction over any of the intersections impacted by the proposed development. Clean Water Services provided a comment letter dated January 8, 2018 regarding public storm, sanitary sewer, grading, and erosion control. The conditions included in the letter are incumbent on the applicant to meet,and have been required through a condition of approval. Tualatin Valley Fire and Rescue reviewed the concept plan proposal and provided a comment letter dated January 22, 2018 addressing basic approval standards. A condition of approval requires the applicant to comply with the applicable standards. TriMet reviewed the detailed plan proposal and requested that the developer work with TriMet to plan an ADA-compliant bus stop that will serve both the Fields Property as well as the existing community to the east. The applicant has been conditioned to work with the City and TriMet to accomplish this goal. SECTION VII. _ INTERESTED PARTIES COMMENTS The applicant held a neighborhood meeting on September 7, 2017. Documentation is provided in Appendix C of the application. Approximately 15 attendees discussed the proposed planned development detailed STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 67 OF 70 plan. Issues raised included pedestrian access at Varns Street and 76th Avenue, improved transit access, sound proofing of apartments for railroad noise, and praise for OTAK's outreach and responsiveness to neighbors' concerns. Staff received written comments regarding the proposed detailed plan from Rolling Hills neighbors Ray and Marie Pirkl, Eric Lea, and Nick Frezza. Below, staff provides a summary of the issues raised (in bold) and staff responses. The letters are included in the Commissioners' packets for reference. RAYMOND E.AND ROSE M. PIRKL, 7745 SW VAMS ST. Require that all construction be conducted after 8 AM and cease at 6PM. Response: Sounds from construction are exempt between 7 a.m. to 8 p.m. as governed by Section 6.02.450.F of the Municipal Code. No large windows on the South side of Building 2. This is requested to prevent reflection and heat buildup from the afternoon sun into the Pirkl's back yard. Response: The south elevation of Building 2 contains approximately 16 generous windows and is located approximately 180 feet northwest of the Pirkl's northern property line. The existing mature forest is preserved between Building 2 and the Perkl's property and is approximately 100 feet deep. Any solar reflection would be transient and occur in late afternoon hours when the sun's energy is weak. Since Building 2 is lower than the Perkl parcel there would be no incident angle of reflection that could reach up the hill, even at sunset. No reduction in windows is warranted in this case. Require a landscape buffer zone adjacent to residential properties that is similar to the Hilltop Business Center on Hunziker street utilizing more trees especially, evergreen trees for year round screening. Response: As shown on Sheet P5.5, trees proposed in the proposed understory planting plan, in combination with preservation of the existing forest, will provide significant screening of the proposed development as seen from adjacent residential properties. This concern is satisfactorily addressed. All boundaries of this project with a residential property be fenced with a 6-foot-tall woven wire fence with a berm and evergreen trees. Response: These elements are shown on the Landscape Plans (Sheets L1.1/2). All service area such as, garbage dumpsters and pick up areas be as far away from residences as possible. Response: These areas are screened from existing development by the proposed building and berms as shown in the Site Plan (Sheet P1.1). Permit parking only be initiated in Rolling Hills to prevent the neighborhood from becoming a parking lot for the housing complex. This will eliminate a hazardous and significant traffic and parking burden which should control just simply parking in the neighborhood and walking home. Response: The request for permit parking is based on assumptions of adverse impacts to the neighborhood. A purpose of the development code is to minimize adverse impacts to existing neighborhoods. However, staff believe it is not ripe for the Commission to presume what impacts in fact will result from the proposed development. Tigard Police and Engineering staff have addressed the parking permit proposal in their comments, above. ERIC LEA, 7530 SW VARNS ST. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 68 OF 70 I oppose the pedestrian pathway connections at the western terminus of Vams Street and on 76th Ave at Crestview St. because of 1) more vehicular traffic in the neighborhood will bring safety hazards, despite the street plug on Varns. 2) on-street parking, creating a visibility hazard and inhibiting emergency vehicle access to our neighborhood, 3) Twenty-four hour a day access to the neighborhood creates a security risk,4) no useful purpose. Response: Items 1-3 are assumptions of adverse impacts to the neighborhood. A purpose of the development code is to minimize adverse impacts to existing neighborhoods. The city shares the neighbors' concerns and would likely support mitigations that addressed observed adverse impacts. Staff believes it is not ripe for the Commission to presume what impacts in fact will result from the proposed development. In addition, Item 4 assumes the pedestrian connections will serve no purpose. If this were true, then there would be no need to prohibit access, as no one would use it. The detailed plan violates the spirit of approved concept plan condition #1 in two ways. First, confirming a pedestrian connection via Yarns St. suggests that TVF&R requires such access, which is an invalid conclusion. Second, the proposed Detailed Plan adds an additional pedestrian connection at 76th Ave. and Crestview Street. This was not part of the design elements as presented in the approved concept plan. Response: Conditions #1 resulted from the Commission's deliberation and was poorly worded, conflating the emergency access with pedestrian access unnecessarily. The addition of Condition #6 provides direction to consider pedestrian access on its own merits and as determined by applicable code requirements. The Tigard Development Code requires pedestrian access and so it is beyond the authority of the Planning Commission to have included that reference in Condition #1 of the Concept Plan approval. This oversight can be corrected through approval of the detailed plan as recommended by staff. There are two obvious solutions to this dilemma; 1)Eliminate the pathways from the Final Development Plan; or Response: The Tigard Development Code includes three specific applicable standards that require pedestrian connectivity, as reviewed above in the findings in this staff report to the Planning Commission. 2) Make the neighborhood parking by permit only. Response: The request for permit parking is based on assumptions of adverse impacts to the neighborhood. A purpose of the development code is to minimize adverse impacts to existing neighborhoods. However, staff believe it is not ripe for the Commission to presume what impacts in fact will result from the proposed development. Tigard Police and Engineering staff have addressed the parking permit proposal in their comments, above. NICK FREZZA, 13275 SW 76TH AVE. That plan includes two pedestrian connector paths from the new development into our neighborhood. Our repeated efforts to dissuade the Planning Commission from requiring these unnecessary and ill-advised paths have been unsuccessful. Response: The Tigard Development Code includes three specific applicable standards that require pedestrian connectivity, as reviewed above in the findings in this staff report to the Planning Commission. The code does allow the Commission some discretion in applying standards, but not those requiring pedestrian connectivity. Applicable development standards must be met by the proposed development, or otherwise be conditioned to be met. The Planning Commission is bound by the provisions of the development code. If the Commission wishes to approve a proposal that does not meet the applicable standards it must provide legally defensible findings at the time of its decision. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 69 OF 70 MUST add the requirements that the developer install traffic calming measures (aka: speed bumps) on SW Varns, Cherry, and 76th Avenue. In addition, the City of Tigard MUST restrict parking on the streets on Rolling Hills to "by permit only". Response: These demands for traffic calming and parking restrictions are based on assumptions of adverse impacts to the neighborhood. A purpose of the development code is to minimize adverse impacts to existing neighborhoods. However, staff believe it is not ripe for the Commission to presume what impacts in fact will result from the proposed development. Tigard Police and Engineering staff have addressed the parking permit proposal in their comments, above. SECTION VIII. CONCLUSION APPROVED: THE 5th DAY OF FEBRUARY. 2018 BY THE CITY OF TIGARD PLANNING COMMISSION. ciaefe;efrt Calista Fitzgerald,Planning Commission President Dated this ( day of February, 2018. STAFF REPORT TO THE PLANNING COMMISSION PDR2107-00004 FIELDS DETAILED PD PAGE 70 OF 70 XREF LIST Ltscale: 80 Resolved 8 P17052X230 o H 48 UNIT z m Q P117052X001 "\\--- 0°°�' Li Li 517052X190 `LSE 00 Is D Taxlot_selection / z M O w o o / %- / mo //: SS1 / Q o // 0 0 0 m U ° z 0 tiS0 °0 //� \ // / 17 / o Y // / ne P�S1°\°° / ; �--..\ \ 5°bc e o / ' / \ \\ �tis1°1° ��s °° Ptis o °° 0' DEVELOPME,,NT� 7" \ \ BUFFE�i � I / \ \ / \ \ i \ � 52' R.O.W. o�° °� �� SS51O� \\ \\ w S /j DEDICATION. \ ��50 10� / / h Ex so' PRIVATE \\ tis1° 1 # �oOP °cs - / . / ACCESS AND \ \ e� �O51°1 1jP�UBLIC /.,% PROPERTY / / I UTILITY EASEMENT. \ \ i ACCESS / / NE S SO° \ bil-5 — EASEMMENJ. / �SS1°10 (-1O5 g \ 4°4 EX 25' PRIVATE ACCESS R'Lc1°10g 6061°� / �'' i �l / tiS1 \ Ins. 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