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Revised by Emerio Design July 27, 2016 Otak Project No. 17041 January 27, 2017 Emerio Design Project No. 467-001REQUESTED APPROVALS: ‘Type III Land Division review approval is requested for plans to divide a 14.17-acre site into 23 residential lots; one 9.62-acre open space tract (Tract A) to be owned and maintained by Macadam Ridge Homeowners Association; ‘and one landscape buffer tract (Tract B) to be owned and maintained by the property owners of the land division site. ‘The development also proposes the creation of public rights of-way for the extension of SW Hume Street and one new public street to extend northward from the existing undeveloped public right-of-way of SW Front Street. In addition, widening the right-of-way and pavement for SW “Taylors Ferry Road along a portion of the southem frontage of the site is also proposed. All of the lots are designed to be developed with detached single-family houses. Environmental Review approval is requested to allow the development of residential lots and roads associated with the land division within the Environmental Conservation (Ec) zoned portions of the propetty and to allow storm sewer and sanitary sewer construction within both Ee and Environmental Protection (Ep) zoned areas of the site. No portions of any residential lot or any road construction will ‘occur within Ep zoned areas. All of the Ep zoned area within the site and a substantial area of Ec zoned area are proposed to be included within the 9.62-acre open space Tract A. Environmental Review modifications are requested to the R- 10 zoning district's typical standards for minimum lot size and minimum side yard setback for the proposed lots. These requested modifications to the R-10 districts dimensional standards are related to the proposed development’s use of smaller lots (6,000 square foot minimum) in order to allow for retention of protected open space within the development and to minimize site impacts. In addition, this application endeavors to respond to Zoning Violation Case # 14-237844-CC (Violation 1). ‘That Notice of Zoning Violation alleges that individuals working for the applicant topped approximately 10 to 15 trees that were previously planted on the site as mitigation plantings for work in the Environmental protection zone as patt of Casefile LU06-107286 EN (a City of Portland sewer project). While the surveyors working for the applicant did not top the trees Macadam Ridge Land Division Application iLOCATION; SITE SIZE: TAX ACCOUNT NUMBERS: STATE ID NUMBERS: NEIGHBORHOOD: DISTRICT COALITION: PLAN DISTRICT: ZONING: in question, the applicant is basically taking a “no contest” approach to the allegations. ‘he proposed plans for planting within the Ep zone include the planting of an additional 500 trees and shrubs along Stephens Creek to compensate for the violation activity. ‘The application also addresses a subsequent violation, Violation 2, consisting of ground disturbance with a track machine within the resource area of the Ec zone without the required review. ‘The path the track machine followed has been “disturbed” for many years due to bulldozing in the 1940s, so while the applicant maintains no disturbance occurred, the applicant is basically taking another “no contest” approach to this allegation as well and is providing an additional 12,727sf of upland enhancement mitigation for Violation 2 along the eastern property boundary. The reports, and plans included as Appendix in this submittal addresses the mitigation in detail for the violations. Nosth and west of the Riverview Abbey Mausoleum which is located at 0319 SW Taylors Ferry Road 14.17 acres, not including existing rights-of-way within site R128137; R128138; R330288; R330296 1S1E22CB 4300; 181£22CB 4200; 1$1E22CB 1300; 1S1E22CA 2600 South Burlingame Neighborhood Association Southwest Neighbothoods Inc. None R10 with Environmental Protection (Ep) and Environmental Conservation (Fic) overlay zones over most of the site. Small slivers of the site along SW Ruby Terrace and SW Hume Street on the western edge of the site do not include an Environmental overlay zone. In addition, portions of the rights-of-way for SW Front Street and SW ‘Taylors Ferry Road adjacent to or within the area of the proposed plat are zoned with the s Scenic overlay district. See the segment of City of Portland Zoning Map 3829 on the following page. Macadam Ridge Land Division Application iiCity of Portland Zoning Map 3829 showing Macadam Ridge Subdivision location Macadam Ridge Land Division ApplicationDEVELOPMENT TEAM APPLICANT/ Riverview Abbey Mausoleum Co. DEVELOPER: 0319 SW Taylors Ferry Road Portland, OR 97219-4668 Contact: Stephen Griffith OWNER: Riverview Abbey Mausoleum Co. 0319 SW Taylors Ferry Road Portland, OR 97219-4668 PLANNERS: Emerio Design 8285 SW Nimbus Avenue, Suite 180 Beaverton, OR 97008 (503) 746-8812 Contact: AnneMarie Skinner CIVIL ENGINEER: Emerio Design 8285 SW Nimbus Avenue, Suite 180 Beaverton, OR 97008 (503) 746-8812 Contact: Brie Evans, PE TRAFFIC Lancaster Engineering ENGINEER: 321 SW Fourth Avenue, Suite 400 Portland, OR 97204 Contact: Todd Mobley, PE Will Farley, PE GEOTECHNICAL Northwest Geo Consultants, LLC CONSULTANT: 1411 SE 130" Avenue, Suite 6 Portland, OR 97233-1717 Contact: Brad Hupy, PE GE ENVIRONMENTAL Schott & Associates CONSULTANT: PO Box 589 Aurora, OR 97002 Contact: Martin Schott ARBORIST: “Teragan & Associates, Inc. 3145 Westview Circle Lake Oswego, OR 97034 Contact: ‘Terry Flanagan Macadam Ridge Land Division Application swgrif@hotmail.com ceric@emeriodesign.com todd@lancasterengineering.com wwill@lancasterengineering.com brad. hupy@ngc-le.com martin@schottandassociates.com terry@teragan.comvi Vil. TABLE OF CONTENTS: Site and Vicinity Information. Review Procedure Requirements.. Compliance with Title 33 Portland Zoning Code. A. Compliance with Applicable Land Division Approval Standard: B. Compliance with the Applicable R-10 District Standards C. Compliance with the Applicable Environmental Review Standards D. Compliance with the Applicable Scenic Resource Overlay Standards. Conclusio Appendices Appendix A Pre-application Conference Notes by City of Portland Agencies Appendix B_ Neighborhood Association Contact Documentation Appendix © Legal Lot Response Memorandum and Legal Lot Status Map Appendix D Notice of Zoning Violation Case 14-237844-CC dated March 11, 2015 Appendix E. Updated ‘Tree Protection Plan Memo dated January 28, 2017, by Teragan & Associates, Inc. Appendix F Stormwater Report by Emerio Design Appendix G Geotechnical Report, dated January 2017, by Northwest Geo Consultants, LLC Appendix H Transportation Impact Study, dated October 7, 2016, by Lancaster Engineering Appendix I “Impact Evaluation and Environmental Review Application for Macadam Ridge” dated January 2017; by Schott and Associates; “Mitigation and ‘Monitoring Plan for Macadam Ridge” dated January 2017; by Schott and Associates; Wetland Delincation Report dated April 2015, by Schott and Associates and DSL Concurrence Letter; Memo dated January 4, 2017 regarding Streams, wetlands and floodplains completeness item by Schott and Associates; Memo dated January 17, 2017, regarding BES Sewer Project completeness item Appendix J Pages from City of Portland Scenic Resources Protection Plan Macadam Ridge Land Division Application vvill. Plan Set Land Division Sheet 1 - P0.0 Cover Sheet Sheet 2-PO.1 Aerial Photo with Project Overlay Sheet 3 - P1.0. Existing Conditions Sheet 4—P2.0 Preliminary Site Plan Sheet 5- P21 Street Cross Sections Sheet 6 - P3.0. Preliminary Subdivision Plat Sheet 7~P4.0 Preliminary Grading Plan Sheet 8 - P5.0. Preliminary Composite Utility Plan Sheet 9-L1.1 Preliminary Landscape Planting Plan Sheet 10 - L1.2 Preliminary Landscape Planting Plan Sheet 11 - L1.3 Planting Notes and Details ;nvironmental Review Sheet 12 - P6.0 Existing Conditions Sheet 13 - P6.1 Proposed Development Site Plan Sheet 14 - P6.2Proposed Construction Management Site Plan ‘Tree Removal and Preservation Sheet 15 — P7.0 Tree Removal and Preservation Plan Sheet 16 —P7.1 Tree Removal and Preservation Plan Sheet 17 — P7.2 Tree Removal and Presetvation Plan Sheet 18 — P7.3 Tree Removal and Preservation Plan ‘Street/Utility Plan-and Profile Sheet 19 - P8.0Street A Sheet 20 - P8.1 SW Hume Street (STA 10+00 ~ 13+50) Sheet 21 - P8.2SW Hume Street (STA 13+50 — 16+66.52) Sheet 22 - P8.3 SW Taylors Fetry Road Sheet 23 — P8.4 SW Ruby Terrace Sheet 24 — P8.5 Lines SS-A & SD-O1 Sheet 25 ~ P8.6 Lines $S-C & SD-03 Sheet 26 — P8.7 Line SD-04 Macadam Ridge Land Division Application viI. REQUESTS ‘Type III Land Division review approval is requested for plans to divide a divide a 14.17-acre site into 23 residential lots; one 9.62-acre open space tract (Tract A) to be owned and maintained by Macadam Ridge Homeowners Association; and one landscape buffer tract (Tract B) to be owned and maintained by the current property owners of the land division site. ‘The land division plans propose the creation of public rights-of-way for the extension of SW Hume Street and one new public street to extend northward from the existing undeveloped public right-of-way of SW Front Street. In addition, widening the right-of-way and pavement for SW Taylors Berry Road along a portion of the southern frontage of the site is also proposed, All 23 of the proposed lots are designed to be developed with detached single-family houses. ‘The subject properties are zoned R10 (Single Dwelling Zone). ‘The drainageway ravine of Stephens Creek, which travels from west to east through the site, is zoned with the Ep (Environmental Protection) overlay zone. A side ravine containing a tributary stream named Ruby Creck is also within the Ep overlay zone. ‘The remainder of the site is zoned with the Ec Environmental Conservation) overlay zone. ‘The proposed Land Division application is accompanied by a request for Environmental Review approval for the proposed development plans for the project. Two Environmental Review modifications are requested to allow the proposed development plans to adapt better within the Environmental overlay zones than the development could without the modifications. Specifically, 1) a reduction to a 5,000-square foot minimum lot size standard is requested to apply to Lots 9 through 22 instead of the required 6,000-square foot minimum lot size in the R10 zone; 2) a five-foot minimum side yard setback is requested for all lots rather than the required ten-foot side yard setback. The proposed subdivision requests no modifications besides those noted above and complies with all other R-10 standards including a maximum lot size of 17,000 square feet; minimum front lot line of 30 feet; minimum lot width of 30 feet; minimum lot depth of 60 feet; minimum rear yard setback of 10 feet; minimum front yard setback of 10 feet as allowed pursuant to Section 33.110.220-D; maximum building height of 30 feet; and a minimum garage entrance setback of 18 feet. I PROPOSED SUBDIVISION DESCRIPTION Project Objectives ‘The general objectives in proposing the subdivision tentative plat for the project and the Environmental Review plans for the Macadam Ridge project are to: + Help meet the need for housing and, in particular, single-family detached housing in Portland; Macadam Ridge Land Division Application 1+ Provide market-rate housing within a reasonable distance from the center of the city and the Macadam Boulevard mixed-use area and other nearby commercial uses in a location that is (or is planned to be) well-connected to those areas by pedestrian and bicycle pathways, public transit and roads; + Provide adequate area on the lots for development of detached single-family homes similar in size and use to the neighboring developments to the west and north, while minimizing development impacts within the long-term protected areas of the sites + Border the proposed new homes with preserved retained trees to the west to provide a buffer between the proposed homes and existing developed neighborhood of detached single-family houses on larger lots. Border the proposed new homes with preserved open space to the north and east to preserve all of the Ep zone and the majority of the Be zone of the subject development. + Provide an attractive living environment for project residents close to protected open spaces; + Preserve and enhance all of the drainage ways and wetlands on the site as permanent open spa + Minimize tree removal to only what is needed to construct the proposed lots, roads and utilities. Replant impacted areas with native vegetation types; + Provide adequate parking for the needs of residents and visitors; avoid parking overflow into nearby neighborhoods; and * Provide the Riverview Abbey Mausoleum Co. (Riverview)/Griffith family — longtime ‘owners of the property —with a reasonable return on their long-term investment and taxes on the subject property, which has been zoned for residential use for over 70 years. Site Layout ‘A summary of the status of the four legal lots of record contained within this development is found in Appendix C of this submittal. Appendix C also contains copies of the deeds for the legal lots and a title report. ‘The proposed subdivision would create 23 lots. Lot sizes will range ftom a minimum of 5,000 square feet to 8,134 square feet in size. All of the lots are intended for development of detached single-family dwellings. ‘This housing type is the same as that which exists in the developed neighborhoods to the west and north. Although the proposed lot sizes are smaller than what is found in the neighboring development to the west, itis similar to the size of many of the lots to the north. ‘The proposed 23-lot land division will be provided with access from a new east-west extension of SW Hume Street extending north and then westward into the site from SW “Taylors Ferry Road connecting with an undeveloped and underdeveloped segment of SW Hume Street right-of-way. The existing right-of-way of SW Hume Street extends further to the west to connect with SW Ruby Terrace. Lots 1 and 2 and Lots 12-14 will front on the new section of SW Hume Street. The other lots will front on the new north-south public street. The new segment of SW Hume Street will be located adjacent to a cutrently unimproved section of existing right-of-way that is designated as SW Front Street. It is not Macadam Ridge Land Division Application 2necessary for this segment of the SW Front Street right-of-way to be improved as part of this subdivision, ‘Anew public street is proposed to extend northward from SW Hume Street to provide access to proposed Lots 3 through 11 and Lots 15 through 23. The street will be located slightly west of being aligned with the existing SW Front Street right-of-way. A cul-de-sac bulb will be provided at the northern end of this approximately 220-foot long dead-end street. All of the houses in the proposed development will be equipped with a residential fire sprinkler system. Public utility easements of six feet in width will be provided adjacent to rights-of-way on all of the lots and tracts within the subdivision Open Space ‘The proposed land division will create one open space Tract A and one landscape buffer ‘Tract B. Tract A will include approximately 9.62 acres of area containing the drainage ways of Ruby Creek and Stephens Creek. The area of proposed Tract A is heavily wooded. ‘Tract ‘Ais proposed to be retained as permanent undeveloped open space, with the exception that storm drainage from the proposed development will be discharged to an outfall in Ruby Creek. ‘There will also be a sanitary sewer casement that will run through a portion of Tract, ‘A. The proposed disturbance area for the storm sewer outfall will be restricted to a narrow corridor limited to what is necessary for construction to city standards. All of the proposed disturbed areas within Tract A will be re-vegetated with native plants selected from the City of Portland’s Portland Plant List. Tract A shall be owned and maintained by the homeowners! association ‘Tract B will be a landscape buffer tract between SW ‘Taylors Fetry Road and Lot 12. This tract will include a combination of existing trees combined with newly-installed landscaping, “The proposed disturbed areas within ‘Tract B will be re-vegetated with native plants selected from the Portland Plant List. Tract B will be owned and maintained by the current property owners of the land division site. No street improvements are proposed along the SW Ruby Terrace or SW Canby Street frontage of Tract A. Other public street frontages of Tract A and the street frontages of proposed ‘Tract B are proposed to be improved with typical street frontage improvements. Streets ‘The proposed land division will create rights-of-way for one new public street and extend an existing street as described above. The proposed rights of-way and planned improvements, for these streets will include the following: + Proposed SW Hume Street will extend northwest and then westward from an intersection with SW Taylors Ferry Road. SW Hume Street will have 28 feet of pavernent within a minimum 60-foot-wide public right-of-way. The proposed street width will allow two travel lanes. Parking lanes, curbs, sidewalks and planter strips/utility area will be provided as practical within the subdivision site. The existing SW Hume Street Macadam Ridge Land Division Application 3undeveloped right-of-way west of the subject site's frontage will be developed to include 20 feet of pavement and curbing to its intersection of SW Ruby Terrace. The proposed new public street north of SW Hume Street will have a 36-feet pavement «width within a minimum 60-foot-wide public right-of-way. The proposed street width. will allow for two travel lanes and parking on both sides of the street, curbs, sidewalks and planter strips/low impact development stormwater treatment facility areas. In addition to the improvements planned for the internal subdivision streets, the plans for the proposed land division call for half-street improvements to be installed along the subject site’s frontage on SW Taylors Ferry Road. Additional right-of-way will be dedicated for the SW ‘Taylors Ferry Road right-of-way along the entirety of the site’s frontage as necessary to accommodate the proposed improvements and/or future improvements. Proposed improvements along SW Taylors Ferry Road will include a six-foot wide bike lane, curb, a LIDA storm drainage swale and a six-foot wide sidewalk near the proposed developments SW Hume Street intersection. “The applicant requests that no road improvements be required to be constructed along proposed Tract A’s SW Ruby Terrace or SW Canby Street. As necessary, a Public Works Alternative Review request will be made to the Portland Bureau of ‘Transportation Alternatives Committee regarding this request or a fee in lieu will be established. The reasons supporting this request are the following: 1) the proposed development will not have developable lots on either of these streets; 2) the proposed development will not contribute any additional motor vehicle or pedestrian traffic on SW Canby Street and will only add minimal traffic to SW Ruby Terrace; and 3) improving this area of street frontage along ‘Tract A would require street construction activities into Ec zoned areas (and Ep zoned area along SW Canby Street). Additional right-of-way will be dedicated for the SW Ruby Terrace right-of-way to 30-feet east of the road’s centerline and to 30-feet south of centerline for SW Canby Street. Sanitary Sewers ‘There is an existing eight-inch public sanitary sewage-only sewer on the subject property from SW Ruby Terrace northeastward. This sewer runs next to Ruby Creek and then connects with the 36-inch diameter Burlingame sanitary sewer trunk line. The trunk line runs roughly west to east through the site parallel with Stephens Creek. ‘There is also an eight-inch sanitary-only sewer in SW Hume Street. ‘The proposed sewer network for the subdivision will connect to the eight-inch public sewer along Ruby Creek by running from SW Ruby Terrace, between Lots 8 and 9 to the new public street and through a proposed 30-foot wide storm and sanitary sewer easement to Ruby Creek. This will completely avoid disturbance to Ruby Creck, with the small exception of the minor portion where the connection will take place Macadam Ridge Land Division Application 4Water Supply Water supply will be provided by an extension of a public water line from the existing City of Portland water line within SW Ruby Terrace, through the existing portion of SW Hume Street, and through the streets within the subdivision to serve the lots within the project. Storm Drainage ‘There is currently a roadside ditch along SW ‘Taylors Ferry Road which drains to a shallow pipe system that crosses SW Taylors Ferry Road. After the pipe system crosses SW Taylors Ferry Road, the pipe is surface-laid until entering an existing culvert in the nearby creek. This cxisting system will be reused as part of the proposed development. Proposed drainage of the site will generally follow existing grading and drainage patterns to Ruby Creek. Public storm sewers will be constructed within the proposed public streets, with discharge to Ruby Creek (post water quality treatment) just upstream of its junction with Stephe: . Low impact development planters will be used to treat and detain runoff from the public street and private home development prior to discharge into the public storm sewer network. The geotechnical engineer has recommended that infiltration not be used as a method of storm drainage disposal. s Cret ll SITE AND VICINITY INFORMATION Location - ‘The proposed development consists of four tax lots located on the north side of SW Taylors Ferry Road in the South Burlingame area, Existing Use - The subject tax lots are all currently vacant. The site is heavily tree-covered with a mixture of primarily deciduous trees with scattered evergreen trees. Stephens Creek flows from west to cast through the site. Ruby Creek flows from southwest to northeast into Stephens Creek. ‘Topography — Existing site topography is shown on Sheet 3 and 3B of the submitted plan set. Nearby Land Uses and Zoning - The four subject tax lots wrap partially around the Riverview Abbey Mausoleum site, The Riverview Cemetery is located across SW Taylors Ferry Road. The SW Taylors Perry Road corridor, including portions of some privately owned properties, includes the City’s “=” Scenic Resources overlay zone. ‘The mausoleum and cemetery properties are zoned OS (Open Space), with some areas zoned with an Ee or Ep Environmental overlay zone, with some s Scenic Resources overlay zone near SW ‘Taylors Ferry Road. ‘The adjacent neighborhood north of the subject property is fully developed with detached single-family homes. Most of the homes to the north are two-story or three-story detached single-family houses. Existing houses on the south side of SW Canby Street are located very close to the street, with front yard and garage entrance setbacks of approximately ten feet Macadam Ridge Land Division Application 5from the right-of-way. The area south of SW Canby Street but north and east of the subject property is zoned Ric. The area on the north side of SW Canby Street is zoned RS. ‘The adjacent developed area to the west of the subject property is zoned R10 and is developed with detached single-family homes. Several of these lots are oversized and therefore have some redevelopment potential. Homes in this area ate primatily one-story homes, with some two-story homes. SW Ruby Terrace provides access to this area. SW Ruby Terrace is an approximately 1,300-foot long dead-end street from its intersection with SW. 2°* Avenue to its intersection with SW Hume Street. SW Ruby Terrace is approximately 22 feet wide and has partial curbs, but no sidewalks. Public right-of-way for SW Hume Street extends eastward from its intersection with SW. Ruby Terrace. ‘This right-of-way varies from 50 feet wide at SW Ruby Terrace to 20 feet wide at its eastern end. There are currently no public street improvements within this right of-way. Instead, the SW Hume Street right-of-way is undeveloped with a privately maintained gravel driveway providing access to a house on tax lot 4400. Transportation and Nearby Transit Service - Access to the subject tax lots is currently provided primarily by SW Taylors Ferry Road. SW ‘Taylors Perry Road is paved, but lacks sidewalks and curbs adjacent to the site. There are no curbs, sidewalks or developed storm sewers on SW Taylors Ferry Road near the site. The City of Portland Transportation System Plan designates SW Taylors Petry Road as a district collector; a transit access street; a city bikeway; city walkway; and a major emergency response street. All other streets in the vicinity of the site are local streets. ‘TeiMet transit service is available on SW Taylors Ferry Road on Bus Route 43, Route 43 runs between downtown Portland and the Washington Square shopping center. ‘Transit service is currently available only on weekdays. “The network of streets in the neighborhood is illustrated on the Vicinity Map shown on Sheet 1 of the submitted plan set. IV. REVIEW PROCEDURE REQUIREMENTS ‘This application proposes to divide the 14.17-acre property site into a subdivision consisting of 23 lots, one commonly-owned open space tract, one privately-owned open space tract, public right-of-way for one new road and an extension of an existing segment of SW Hume. Street to provide access to the proposed new lots. The proposed division of the site is addeessed as a Type IIT Major Land Division application since the proposed land division would create more than ten (10) lots, create a new public street, and also because the request includes an Environmental Review application. In preparation for making this application, the property owner's representatives met with the City of Portland staff in a pre-application conference on November 5, 2015. The pre- Macadam Ridge Land Division Application 6application conference notes prepared by City agencies from that pre-application conference is included in Appendix A to this report. In addition, the property owner’s representatives presented plans for the proposed development at the regularly scheduled meeting of the South Burlingame Neighborhood Association on September 11, 2014; April 9, 2015; and November 12, 2015. Copies of the neighborhood contact form and receipts for the follow-up correspondence related to this, meeting are included in Appendix B. V. COMPLIANCE WITH TITLE 33 - PORTLAND ZONING CODE A. COMPLIANCE WITH APPLICABLE LAND DIVISION: REGULATIONS Chapter 33.660 Review of Land Divisions in Open Space and Residential Zones J3.660.10 Review Procedures Procedures for review of Preliminary Plans vary with the type of land division proposal being reviewed. A. Tpe IIL Land divisions that include any of the following elements are processed through a Type IIL procedure, but with the additional steps required under Section 33.700.025, Neighborhood Contact: 1. Eleven or more lots; 2. Four or more lots, where any portion of the lots, utilities, or serices are proposed within a Potential Landslide Hagard Area; 3, Environmental review; 4, A phased land division, as desribed in Chapter 33.633, Phased and Staged Plans; 5. Any portion of te siteis in an Open Space zone. Response: ‘The application for approval of the proposed subdivision of 23 lots and two tracts has been submitted as a Type III Land Division application since the proposal would create more than ten (10) lots. In addition, because areas of the site slated for land development activities are zoned with two Environmental overlay zones, the proposed development application includes an Environmental Review application. This also would require that the proposed land division be reviewed through a Type III procedure. J3.660.120 Approval Criteria ‘The Preliminary Plan for a land division will be approved if the review body finds that the applicant bas shown that all of the following approval criteria have been met, The approval criteria are: A. Lats. The standards and approval criteria of Chapters 33.605 through 33.612 must be met; B. Trees, The standards and approval cteria of Chapter 33.630, Tree Preservation, rrust be mets C. Special flood hazard area. Y any portion of the site contains special flood hazard area, the approval itera of Chapter 33.631, Sites in Special Flood Hazard Areas, must be met; D. Potential Landslide Hazard Area. If any portion of the sites in a Potential Landslide Hagard Area, the approval erteria of Chapler 33.652, Sites in Potential Landslide Hazard Areas, must be met; Macadam Ridge Land Division Application 1E. Phaved Plans and Staged Final Plat. Ifthe Preliminary Plan will be phased or if the Final Plat will be staged, the standards of Chapter 33.633, Phased Land Disésions and Staged Final Plat, must be met; F._ Required recreation area. If 40 or more lots or dvelling units are proposed, the standards and approval itera of Chapter 33.634, Required Recreation Areas, must be mie; G. Caring, grading, and land suitability. The approval criteria of Chapter 33.635, Clearing, Grading, cand Land Suitability must be met; HL Tracts and earements. The standards of Chapter 33.636, Tracts and Fasements must be met; 1. Solar acess. If single-dvelling detached development is proposed forthe ste, the approval criteria of Chapter 33.639, Solar Access, must be met; Streams, springs, and seep. The approval criteria of Chapter 33.640, Streams, Springs, and Seeps, must be met; K, Transportation impacts, The approval criteria of Chapter 33.641, Transportation Impacts, must be met; and, L. Services and utilities. The regulations and criteria of Chapters 33.651 throwgh 33.654, which address serves and ilies, must be mae. Responses to each of these approval criteria are addressed below. A. Lows Response: Because the subject property is zoned R10, Chapter 33.610 - Lots in RF through RS Zones, applies to the land division request. Applicable sections of that chapter are listed below along with responses to the applicable standards. Chapter 33.610 Lots in RF through R5 Zones 3.610.010 Purpose This chapter contains the density and lt dimension standards for approval ofa Preliminary Plan for alana division in the RF through RS gones. These standards ensure that lots are consistent with ‘the desired character ofeach zone while allowing lots to way in size and shape provided the planned intensity of each gone is respecte. This chapter works in coniunetion with aber chapters ofthis Title 10 ensure that the land division creates lots that can support appropriate ses and development 33,610.020 Where These Standards Apply ‘The standards ofthis chapter apply to land divisions in the RF through RS zones Response: ‘The site is zoned R10 (with overlay zones). ‘Therefore, these standards are applicable. 33.610.100 Density Standards A. Purpose. Density standards match housing density with the availability of services and with the carrying capacity of the land in onde to promote efcent use of land, and maximize the benefits 10 the public from investment in infrastructure and serices. These standards promote development opportunites for housing and promote urban densities in less developed areas. Maxiraum densities ensure thatthe nunaber of lots erated doesnot exced the intensity planned forthe area, given the base zone, overlay zone, and plan district regulations. Mininoum densities Macadam Ridge Land Division Application 8ensure that enough dwelling units can be developed to accommodate the projected need for housing. Response: No response to this section is necessary, B. Generally. The method used to caleulate density depends on whether a street is oreated as part of the land division, As used in this chapter, reaton of a street means a ful stret on the ste, creating the frst stage of a partial width street on the site, or extending an existing stret onto the site. It does not include additional stages ofa partial width street, or dedicating right-of way to widen an existing right-of-way. Response: No specific response to this section is necessary. The proposed land division will create streets. See the density calculation below which follows the density calculation method used when a street will be created. C. No street created. Where no street willbe created as part of the Land division, the following maccimnum and mininsum density standards apply. Response: The proposed subdivision will involve the creation of public streets, ‘Therefore, this subsection does not apply. D. Street created. Where a street will be created as part of the land division, the following maximum and minimum density standards apply. Adjustments to this subsection are probibite: 1, Maccimum density. Maximum density is based on the zone, the size of the site and whether 4a stret is being erated. The following formula is used to determine the maximus number af lots allowed on the site: Square footage of site (0.85; =Maccinum density from Table 610-1; = Maximum number of lots allowed. 2. Minimurs density. Minimum density is based on the zone, the size ofthe site, wether there are physical constrains, and whether a street is being created. The folowing formula 4s used fo determine the minimum number of lots required on the site. Exceptions to ‘minincwm density are allowed under the prossions of Subsection 33.610.100.B: Sauare footage of site = Square fotoge of ste within an environmental overly zone, potential landslide agard area, or flood baxard area; 068 Maximum density from Table 610-1 Minimum ruraber of lots required. Response: Applying the factors listed in the density figures above with the gross site size, the site has a maximum density opportunity of 50 dwelling units. Macadam Ridge Land Division Application 9‘The site is mostly covered by Environmental overlay zones; therefore, there is no minimum density requirement. ‘Twenty-three (23) lots for detached single-family residences are proposed. The proposed 23 lots for 23 dwelling units is greater than the applicable minimum housing opportunity for the project site and less than the maximum allowed housing opportunity. Therefore, the proposed development’s density is consistent with this section. B, Exceptions to minimum density. Pecceptions to minimum density standards are allowed in the following situations... Response: No exceptions to the minimum density standard are requested, 33.610.200 Lot Dimension Standards Lats in the RF through RS gones must meet the lot dinension standards of this section. A, Purpose, The lt dimension standards ensure that: * Each lot bas enough rom fora reasonably-sized house and garage; © Lots are of a sige and shape that development on each lot can meet the development standards ofthe zoning code; = Lats are not so large that they seem to be able tobe further divided to exceed the maccimum allowed density of the site in the futures * Each lot bas room for at least a small, private outdoor area; = Lots are compatible with existing lots; © Lats are wide enough to allow development to orient toward the strats Lots don't narow to an unbuildable wit else tothe street Each lt bas adequate access from the street; © Each lot bas aces for niles and series; and * Latsare not landlocked. Response: Each of the proposed lots will have a reasonably-sized building, envelope for the type of construction intended — detached single-family homes. A house footprint to include a two-car garage has been shown on each of the proposed lots, along with a driveway. ‘The potential building envelopes accommodate the construction of typical detached single-family homes with a two-car garage and decks or patios and leave enough area on the lots for reasonably-sized private yard areas, adequate access, and connections to public utilities. Although most of the proposed lots will be smaller than neighboring, single-family home lots, the proposed subdivision includes a substantial area of ‘open space (all in the Iie and Ep zones) to complement the smaller lots and results in a detached single-family development, which will be ata similar or lower density than the existing neighborhoods. Thus the proposed new lots should be viewed as compatible with the existing neighboring development. No Jand-locked lots are proposed. Standards related to implementing this purpose statement are addressed below. Macadam Ridge Land Division Application 10B. Minimum lot area. Each ot must meet the minimure lot area standard stated in Table 610-2 [6,000 sq. ft. in R10 zone]. Lats that do not meet the minimum lot area standard may be requested through Planned Development Review. Adjustments are prohibited. Response: A modification to the minimum lot size standard of 6,000 square feet to 5,000 square feet has been requested to allow smaller lots essentially in exchange for providing a substantial area of protected and enhanced open space within open space Tract A. This modification request is addressed in the response to Chapter 33.430 (Hnvironmental Zones), specifically Section 3.430.280. If the modification request is approved, the project will be in compliance with the lot area standard. C. Maximum lot area, Lots larger than the maximums lot area standards stated in Table 610-2 are not allowed. (17,000 sq. ft. in R10 zone] Lots with a conditional use or Conditional Use Master Plan are exempt from this standard. Response: The largest lot proposed is Lot 23, which will be 8,134 square feet in size. This lot size is significantly smaller than the maximum 17,000 square foot lot size allowed in the R10 zone. Therefore, this standard is satisfied. D. Mininnun lot width, Bach lot must mect one of the following regulations. Lots that do not rreet these standards may be requested through Planned Development Review. Adiustments to the standards are probibited. 1. Each lot must meet the minim lot width standard stated in Table 610-2 [50 feet for lots in the R40 zone]; or 2. Minin lot width may be reduced below the dimensions stated in Table 610-2, if all of the following are met: 4. On balance, the proposed lts will have dimensions that are consistent with the purpose of the Lot Dinension Regulations; b. The mininnum with for lots that willbe developed with detached houses may not be reduced below 25 feet «the lot abuts a public alley, then vebicle acess must be from the alle. This requirement will be imposed as a condition of approval of the land division: 4. Lots must be configured so that development on the site willbe able to meet the garage Enmitation standard of Subsection 33.110.253.E. atthe time of development; e. Lats that will be developed with attached houses must be configured so that 60 percent ofthe area between the front lot line and the front building line can be landscaped at the time of development; and fn areas where parking is not required by this Tite, lots may be proposed that will not accommodate on-site vebiele access and parking, Such lots do not have to meet the requirements of subparagraphs 2.c and a. As a condition of approval of the land Aision, the property owner must execute a covenant with the city. The covenant roust (1) State that the owner will develop the property without parking, and that a viveaay for access to on-site parking may not be created inthe futare, unless it is in conformance with regulations in efit at the time; Macadam Ridge Land Division Application i(2). Meet the requirements of Station 33.700.060, Covenants nith the Citys and (9) Be attached to, and recorded nith th deed for the new lot Response: All of the proposed lots will meet or exceed the R10 district's 50-foot minimum lot width standard. No reduction to the minimum 50-foot lot width standard is necessary. EE. Minimum front lot line. Each lot must have a front lot line that meets the minimum front lot ine standard stated in Table 610-2. [30 ft. in the R10 zone] Lats that are ereated under the provisions of Paragraph D.2 above, may reduce the front lot line to equal the width ofthe Jot. Lats that do nat roeet the minim front lt line standard may be requested through Planned Development Review. Adjustments to this standard are probibited. Response: Front lot lines for the lots intended for detached single-family homes range from a minimum of 30.49 feet for Lot 23 to over 120 feet for proposed Lot 1. Therefore, all of the proposed lots are consistent with this standard. F. Minimum lot depth, (60 feet in the R10 zone] Lots that do not meet the minimum lot dept standard may be requested through Planned Development Review. Adiustments to this standard are prohibited Response: The minimum proposed lot depth is approximately 84 feet for Lot 19. All other lots will have greater depths. Therefore, all lots satisfy the minimum lot depth standard of 60 feet. 33.610.500 ‘Through Lots A. Purpose. This standard ensures that lots are configured in a way that development can be oriented toward streets to increase the safety and enjoyment of pedestrians and bicyclists. The standard also ensures that developonent does not turn its back on a collector or major city trafic stret B. Standard. Through lots are allowed only where both front lot nes are on local serie streets ‘The minimum front lt line and minimum width standards apply to one frontage ofthe through bat Response: No through are proposed. All lots will front on and have access from local streets. No direct access to SW ‘Taylors Ferry Road from any of the lots in the subdivision is allowed ot proposed. 33.610.400 Flag Lots ‘The folowing standards apply to flag lots in the RF through RS zones...2 Response: No flag lots are proposed. 53.610.500 Split Zoned Lots Macadam Ridge Land Division Application 12A. Purpose. This standard ensures that lots do not bave more than one zone. Lots that are spit by ‘more than one zone prevent practical problems related to the applicabliy of use and development standards B, Standard. On sites with more than one base zone, each lot must be entirely mithin one zone. The creation of lots that are in more than one zone is not allowed. Response: The proposed land division will not create any split-zoned lots. All lots, will continue to have underlying zoning of R10, with the Ec overlay zone. B. Trees. The standards of Chapter 33.630, Tree Preseration, must be met; Chapter 33.630 ‘Tree Preservation 33.630.020 Where These Regulations Apply A. Generally. The regulations ofthis chapter apply to all proposals for land divisions on sites outside the Central City plan district that have at least one tree that is at last 6 inches in ameter, exept where al tees on the site are exempt under 33,630,030, Where a tree trunk 4s partially on the land division site it is considered part of the site. Response: This is a proposal for a 23-lot land division on property that is outside the Central City plan district. There are numerous trees on the site that are at least 6 inches in diameter that are not exempt under 33.630.030; therefore, the regulations ‘of Chapter 33.630 apply. B. Sites in C, B, and I zones where all ofthe proposed lots are currently developed with commercial, employment, or industrial developmnent. Such sites may defer tree preservation review to the time of any future development or redevelopmeent of the ste. Sites that use this option are subject to the standards of Title 11, Trees at the time of development. 1, Ecception. Sites in the IH, IG1, EX, CX, CS, and CM zones are not eligible to use this provision. Response: The subject site is in the R10 zone, not the C, E.or I zone; therefore, this portion of the code is not applicable. C. Proposals to divide sites that are partialy within an environmental overlay zone or the Pleasant Valley Natural Resources overlay zone and include a concurrent emeironmental review or Pleasant Valley Resource review are nat subject tothe tree preservation standards of Section 33.630.100. Hlowever, the tree preservation approval criteria in 33.630.200 apply to these proposals Response: The subject site is partially within an environmental overlay zone. There are two small portions of the site that are NOT in an environmental overlay zone (@ small 3,222-square foot triangular area in the southwestern corner of the proposed Lot 3 adjacent to the cxisting SW Hume Strect right-of-way and a 700-square foot triangular sliver adjacent to Tax Lot 3500 and SW Ruby Terrace) that is not in an Macadam Ridge Land Division Application 13Environmental Overlay Zone. Therefore, since this is a proposal to divide a site that is partially within an environmental overlay zone and includes a concurrent environmental review, this application is not subject to the tree preservation standards of Section 33.630.100 but IS subject to the tree preservation approval criteria of Section 33.630.200. Compliance with the tree preservation standards of Section 33.630.200 will be addressed below. 3.630.030 Exempt From These Regulations ‘The following trees are exer from the regulations of this chapter: A. Trees that are om the Nuisance Plants List; Response: As identified in the Tree Inventory Table provided by the project arborist in Appendix FE, there are a number of trees on the subject site that are on the Nuisance Plant List. These are noted as one European mountain ash, numerous English holly and one common hawthorn. ‘These nuisance trees, therefore, are exempt from the standards of this section. B. Trees that are less than 6 inches in diameter; Response: The ‘Trce Inventory Table provided by the project arborist in Appendix F does not list any trees that are sss than six inches in diameter. CC. Trees that are dead, dying or dangerous as determined by an arborist, ‘The review body may require additional analysis or documentation to confirm the condition ofthe tee; Response: The Trce Inventory Table provided by the project arborist in Appendix E lists in the “comments” column any trees that are dead, dying or dangerous. These trees are exempt from the standards of this section, D. Trees where the trunks is within 10 fot of am existing building that will remain on th sites Response: The subject site does not have any existing buildings that will remain, E, Trees where the trunk: is located completely or partially within an existing right-of-way that is nat part of the land division site; Response: There aren't any trees where the trunk is located completely or partially within an existing right-of-way that is not part of the division site. F Trees where the trunk is located completely or partially within Esmuironmental or Pleasant Valley Natural Resources Overlay zones. Thase trees are instead subject to the regulations of Chapier 33.430, Environmental Zones, or 33.465, Pleasant Valley Natural Resources Overlay Zones. Response: The vast majority of existing trees on the site are located within an Environmental zone and thus would be exempt from the regulations of this chapter Macadam Ridge Land Division Application 4pursuant to Item F above. These trees are subject to the regulations of Chapter 33.430, Environmental Zones, however, as addressed below in the responses to the standards of Chapter 33.430. 33.630.100 Tree Preservation Standards Response: Pursuant to Section 33.630.020 C, as previously noted under that subsection, this application is not subject to the Tree Preservation Standards of Section 33.630.100 but is subject to the preservation approval criteria in Section 33.630.200 which will be addressed below. 33.630.200 Tree Preservation Approval Criteria Applicants must demonstrate how the proposed tree plan will meet the following tee preservation criteria, In meeting these eiteria, qpplicants may use options anailable inthis and otber chapters of this Title to modify development standards and minimum density in order to preserve tres. A. Preventing erosion or slope destabilization and limiting impacts on adjacent sites Response: Almost all of the trees within Tract A are being retained. ‘The steepest slopes of the site are contained with Tract A. ‘Therefore, by virtue of the fact that the steepest slopes are in Tract A and most of the trees within ‘Tract A are being preserved, there won't be any erosion or slope destabilization to prevent due to tree removal because there won't be any tree removal. Those trees that are being removed are within the southwestern portion of the site that is going to be used for lot development. Street trees will be planted as required to limit impacts to the extent possible of the trees being removed at the south end. Please refer to Sheets 15 through 18 which illustrated those trees being retained and protected and those trees being removed as part of the development. B, Trees proposed for preservation are suitable based on their bealtb, overall condition amd potential for long-term viability, considering the anticipated inpact of development and tolerance ‘pica forthe tree species Response: Trees identified by the arborist, in the Tree Report Data located in Appendix E as part of the arborist’s report, as being in poor health, dead or dying are being removed to promote the long-term health and sustainability of the existing healthy trees that are going to remain. C. Tree preservation is maccimized tothe extent practicable while allowing for reasonable dewlopment of the ste, considering the following: 1. The speafc development propased; 2, The uses and intensity of development expected in the zons and the area in which the ste is located; 3. Requirements to provide serices to the ste under Chapters 33.651 through 33.654, including street connectivity and street plan requirements. Options to limit impacts on trees bile meeting these serice requirements must be evaluated: Macadam Ridge Land Division Application 154, Requirements to protect resources in Environmental, Pleasant Valley Natural Resources or Greenway Natural, Water Quality, and River Environmental overlay zones. Protection of ensironncental resources and retention of benefits from trees should be maximized forthe site as a whole; and 5. Other ste constraints that may conflict with tee preseruaton, such as small or oddly shaped sites or trees located in existing utility easements Response: The project arborist, environmental consultant, project engineer and project planner have carefully assessed the subject site and prepared the plans and reports based upon the overall condition of the existing trees, the topography and the Environmental P zone. The proposed lots and Street A have purposely been grouped 2s far to the south as possible so as to avoid any permanent housing or street development on or over cither Stephens Creek or Ruby Creek. All healthy trees identified by the arborist that can be preserved, will be preserved. The overall site acreage is 14.17 acres. Of that, more than half or 68% of the site is being preserved as open space. There will be a temporary disturbance to a portion of the Environmental P zone during installation of the sanitary sewer and storm sewer facilities, but other than that, the Enviconmental P zone will remain untouched, as well as the healthy trees within it D. Mitigation. Where the minimuny tree preservation standards of 33.630.100 cannot be fully ‘mel, as determined by evaluating the above criteria, or when there is a concurrent Environmental Review and the minimum tree preservation standards do not apply, mitigation must be provided as needed to replace the functions of tres removed frome the ste. Options for mitigation may include preseroation of smaller diameter or native trees, permanent preservation of trees witbin a tree preseration or enronmental resource tract, tree planting, payment into the (City's Tree Planting and Preservation Fund, or other options that are consistent with the propose of this chapter: Response: There is a concurrent Environmental Review taking place as part of this land division application. As such, the minimum tree preservation standards do not apply. Mitigation is being provided in the form of a combination of preservation of smaller diameter trees, preservation of native trees (big leaf maple, Douglas fir, ‘western red cedar), permanent preservation of trees within the Stephens Creek and Ruby Creek environmental zone areas and tree planting, ‘The Impact Evaluation and Environmental Review Application, as well as the Mitigation and Monitoring Plan are contained in Appendix I of this submittal and identify in detail the number of trees being removed, the number of trees being planted and the types of trees being planted for this project, both as mitigation and as enhancement. 53.630.400 Modifications That Will Better Meet Tree Preservation Requirements Response: No modifications to tree preservation requirements are being proposed as patt of this application. 33.630.500 Tree Preservation Credit Macadam Ridge Land Division Application 16Trees that are preserved in at tee preseruaton tract that is outside of an Exironmental or Pleasant Valley Natural Resources overlay zone muay count toward meeting the tree density standards for individual lots in Chapter 11.50, Trees in Development Situations. If this option is chosen, at least one tree must be planted or preserved on each lot created for single-dweling ar duplese development ‘The preliminary plan must indicate the lots where the credit fom the preserved trees willbe used. Response: None of the trees being preserved are outside of an Environmental overlay zone; therefore, this section is not applicable to this application 53.630.600 Recording Tree Preservation Plans and Related Conditions Tiree preservation plans approved as part of the preliminary plan and related conditions of approval ‘must be recorded with the County Recorder, The documents must be approved by BDS prior to recording. Response: The applicants, developers and property owners all acknowledge that any tree preservation plans and related conditions of approval shall be recorded with the County Recorder as part of the preliminary plan approval. 33.630.700 Relationship To Other Tree Regulations Other tre regulations of ths Title and other Titles may apply atthe time of a land division and at the time of development. Response: There are additional tree regulations from Chapter 33.430 that have been ‘addressed in detail in this narrative, as well as street trees being planted along the new street rights-of-way. ‘The applicants, developers and property owners all acknowledge that all tree regulations of this Title and any other Title may apply at the time of development as well 33.632.100 Landslide Hazard Area Approval Criterion ‘The following approval criterion must be met: Locate the lots, buildings, serices and xtlites on parts ofthe ste that are suitable for development in a manner that reasonably limits the risk of @ landslide affecting the site, adjacent sites, and sites directly across a street or alley fram the site. Determination of whether the proposed layout and design reasonably limits the rise of a landslide sill include evaluation ofthe Landslide Hlargard Study and will take into consideration accepted industry standards for factor of safety. Specific improvements, engineering requirements, techniques or systems, or alternative development options, including alternative housing types and reduced density ‘may be required in order to facilitate a suitable development that limits the risk to a reasonable level Response: The Geotechnical Investigation report by Northwest Geo Consultants, LLG, (ee Appendix G) provides conclusions and recommendations regarding the site and the proposed development, all of which have been incorporated into the plan set that has been submitted as part of this application. Macadam Ridge Land Division Application 47Specific recommendations for project design and construction are also provided in the Geotechnical Investigation report. The proposed development plans have taken into consideration the findings and recommendations of the Geotechnical Report. ‘The prospective site developer has committed to follow the recommendations of the report. With that, the proposed development plans have located the lots, buildings, services and utilities on parts of the site that are suitable for development in a ‘manner that reasonably limits the risk of a landslide affecting the site, adjacent sites and sites directly across a street or alley from the site. Therefore, the plans are consistent with the Landslide Hazard Area approval standard of Section 33.632.100. E. Phased Plans and Staged Final Plat. I the Preliminary Plan will be phased or ifthe Final Plat sill be staged, the standards of Chapter 33.633, Phased Land Disisians and Staged Final Plat ost be met; Response: The proposed subdivision is planned to be constructed and platted as a single phase. Therefore, this Chapter of the Zoning Code is not applicable. F. Reguired Recreation Area. If 40 or more lots or dwelling units are proposed, the standards and approval criteria of Chapter 33.634, Required Recreation Areas, must be mets Response: ‘The proposed land division will create 23 lots. Therefore, this section is not applicable. Clearing, Grading, and Land Suitability. The approval onteria of Chapter 33.635, Clearing, Grading, and Land Suitability must be met; Response: ‘The applicable sections of Chapter 33.635 are addressed below, with responses to the applicable standards. Chapter 33.635 Clearing, Grading, and Land Suitability 33.635.100 Clearing and Grading Approval Criteria ‘The Preliminary Clearing and Grading Plan neust meet the following approval criteria A. Existing contours and drainage patterns ofthe site must be let intact wherever practicable. Were alteration to existing drainage patterns is proposed, it must not adversely impact adjacent properties by significantly increasing volume of runoff or ersion; B. Clearing and grading should be sufficient for construction of development shown on the Preliminary Clearing and Grading Plan; C. Clearing and grading should be linited to areas ofthe site that are reasonably necessary for construction of development shown on the Preliminary Clearing and Grading Plan; D. Topsoil must be preserved on site to the extent practicable for use om the site after grading is complete; and E. Soil stockpiles must be kept on the site and located in areas designated for clearing and grading cas rich as és practicable; and E. The limits of disturbance and tree protection measures shown on the preliminary Clearing and Grading Plan must be adequate to protect tres to be retained on the tree preseration plan. Macadam Ridge Land Division Application 18Response: A preliminary Grading Plan is included as Sheet 7 of the submitted plan set. Please note that final lot specific grading will refine this preliminary grading plan ‘through individual building permits for construction on the lots. Disturbance is shown extending further than where lot slope grading is designed in order to accommodate building footprints and building construction. Additional disturbance is shown for sanitary sewer and storm sewer connections. ‘These utilities are placed in close proximity to each other to minimize impacts and overall disturbance. All disturbed areas of the site will be covered with an erosion control grass cover. 33.635.200 Land Suitability Approval Criterion Where geleje conditions or bistorc nes ofthe site indicate that a hagard may exist the applicant ‘must show thatthe proposed land division will result in lots that are suitable for development. The epplicant may be required to make spec improvements in order to mate the lots suitable or their intended uses and te provision of serotes and utes. Response: A preliminary geotechnical evaluation of the site was conducted by Northwest Geo Consultants, LLC. (See Appendix G) Based upon a review of the findings and recommendations of the report, all of the proposed lots and the proposed public street will be generally suitable for development from a geologic stability standpoint. HH. Tracts and Easements, The standards of Chapter 33.636, Tracts and Easements must be met; Response: 33.636.100 Requirements for ‘Tracts and Easements A. Oumership of tracts. Tracts must be owned as follows unless otherwise specified in this Title or the land use decision: 1. The owners of property served by the tract, or by any otber individual or group of people When the tract is owned by more than one person it must be beld in common with an undivided interest; 2. The Homeowner’s Association for the area served by the tract; 3. A public or private non-profit organization; or 4, The City or ther jurisdiction. B. Maintenance agreement. The applicant must record with the County Recorder a maintenance agreement that commits the oxmers or owner's designee to maintain all elements ofthe tract or casement; however, facilities within the tract or easement that will be maintained by a speafied City agency may be recorded in a separate maintenance agreement. The maintenance agreement must be approved by BDS and the City Attorney in advance of Final Plat approval and must be submitted to the County Recorder to be recorded with the Final Plat or Final Development Plan within 90 days ofthe final decision. Response: Proposed open space Tract A shall be owned and maintained by the development’s homeowners’ association. Tract B is a landscape buffer tract to be ‘owned and maintained by the current property owner of the land division site, Riverview Abbey Mausoleum Co. Riverview Abbey Mausoleum Co. shall record a Macadam Ridge Land Division Application 19maintenance agreement for Tract B consistent with the requirements of subsection B above, and this recordation of said agreement for Tract B should be noted as a condition of approval. 1. Solar Access. If single daelling detached development is praposed forthe site, the approval itera of Chapter 33.639, Solar Access, must be met; and Response: All of the proposed lots are intended for single-dwelling detached development. Therefore, the solar access design requirements of Chapter 33.639 are applicable to the creation of those lots, 33.639.020 Where These Approval Criteria Apply The approval criteria ofthis chapter apply to lots for single-duelling detached development created as ‘part ofa land division proposal in all zones. Where itis not practicable to meet both the approval criteria of tis chapter and the standards and approval criteria of other chapters in the 6008, the regulations of the other chapters supersede the approua criteria ofthis chapter 33.639.100 Solar Access Approval Criteria All of te following approval criteria must be met: A. On streets that are within 30 degrees ofa true east-west axis, see Figure 639-1, the narrowest dots should be: 1. Interior lots om the south side ofthe street. amd 2, Comer lots on the north side ofthe street. B. On strets that are within 30 degrees of a true north-south ands, the widest lots should be interior lots on the east or westside of the stret Response: Lots 1 and 2 and Lots 12 through 14 are located on an extension of SW Hume Street which is oriented more than 30 degrees of a true east-west axis. ‘Therefore, these standards are not applicable to these lots. The proposed new segment of SW Front Street will be located within 30 degrees of a north-south axis, "The widest lots along this street are lots 19 and 23. Both of these lots are interior lots on the cast side of this street, consistent with subsection B. J. Streams, Springs, and Seeps. The approval criteria of Chapter 33.640, Streams, Springs and Seaps, must be met. 33.640.100 Where These Standards Apply The standards ofthis chapter apply to all land divisions where a stream, spring, or sep on the ste is outside of an Environmental Overlay Zone. Response: Almost the entire site is included within either the Ep or Ke overlay zones. There are no streams, springs or seeps identified within the two non- Environmental zoned areas within the southwest triangular corner of Lot 3 or the ‘western triangular sliver of proposed Tract A adjacent to SW Ruby Terrace. "Therefore, the standards of Section 33.640 dealing with streams, springs and seeps are not applicable to this review. Macadam Ridge Land Division Application 20K. Transportation Impacts, The approval eiteia of Chapter 33.641, Transportation Impacts, must be met; and Response: The applicable sections of Chapter 33.641 are addressed below with responses to the applicable standards: Chapter 33.641 ‘Transportation Impacts 33.641.020 Approval Criterion ‘The transportation system must be capable of safely supporting the proposed development in addition 10 the existing uses in the area. Evaluation factors include: street capacity and level-of service; vebile access and loading; on-street parking impacts; the availabilty of transit serice and facilites and connections to transit; impacts on the immediate and adjacent neighborhoods; and safety for all modes, Response: A ‘Transportation Impact Analysis for the proposed development was prepared by Lancaster Engineering, That report is included in Appendix HI. 33.641.030 Mitigation The applicant may meet the eiterion in Seation 33.641.020, above, by including mitigation ‘measures as part of the land division proposal. Mitigation measures must be acceptable to the City Engineer and may include providing transportation demand management meashres, an access ‘management plan, constructing strets or biyce, pedestrian, or transit facilites on or of the site or other capital improvement projects such as traffic calming denice. Response: The ‘Iransportation Impact Analysis report for the proposed development concluded that no offsite mitigation would be needed. This, of course, does not exclude the on-site roadway improvements which are planned to be constructed as part of the land division, L. Services and Utilities. The regulations and criteria of Chapters 33.651 throngh 33.654, wich address services and utilities, must be met. Response: The applicable sections of Chapters 33.651 through 654 are addr below with responses to the applicable standards: Chapter 33.651 Water Service 33,651,020 Water Service Standard Water service must meet the standard of this section, Adjustments are probibited. The Water Bureau or District and the Fire Bureau have verified that water facilities with adequate capacity cand pressure are avilable to serve the proposed development. Response: Water service for the proposed Macadam Ridge development has been designed to meet the standards of this section. Preliminary contact with the Portland Macadam Ridge Land Division Application 24Water Bureau in the pre-application conference did not indicate any significant issues regarding the capacity or pressure of nearby water facilities. The proposed subdivision will be served by extensions from an existing water line in SW Hume Street. Final water system design will be consistent with Water Bureau and Fire Bureau standards. 33,651,030 Environmental Overlay Zones Y any portion of the water serice is within an Environmental Overlay Zone, it is subject to the regulations of Chapter 33.430, Environmental Overlay Zones. Response: All portions of the water service for the proposed subdivision are within an Environmental overlay zone. Therefore, the proposed water services are subject to Chapter 430. That Chapter is addressed below. Chapter 33.652 Sanitary Sewer Disposal Service 33.652.020 Sanitary Sewer Disposal Service Standards Sanitary sewer disposal serice must meet the standards of this section. Adiustments are probibited A. Availability of sanitary sewer. 1. The Bureau of Emironmental Services bas verified that sewer facilities are available to sene the proposed development; or 2. BDS has approved the use of a private on-site sanitary semage disposal system. Response: The City of Portland’s 36-inch Burlingame sanitary trunk line runs west to east parallel with Stephens Creek on the subject property. In addition, there is an cight-inch line from SW Ruby Terrace to the trunk line, Other nearby sewers include ‘a combination sewer in SW Taylors Ferry Road and a sanitary sewer in SW Hume. ‘The Bureau of Environmental Services provided preliminary comments that public sanitary sewer facilities are available to serve the proposed subdivision, No on-site sanitary sewage disposal systems are proposed. B. Public sanitary sewage disposal. C. Where public sewer facilites are available to serve the proposed development, the Bureau of Emuironmental Services has preliminary approved the locaton, design, and capacity ofthe proposed sanitary sewage disposal system. The approval is based on the Sewer Design Manual and Response: Public sanitary sewage disposal will be provided by eight-inch proposed sanitary sewer lines located within the proposed street rights-of-way. A bypass connection is proposed to the existing sanitary sewer in SW Ruby Terrace running cast between Lots 8 and 9 to the new public street and then north connecting to the existing line within Ruby Creck in Tract A. This will be a practical means of providing sanitary sewer service to all of the proposed lots, while minimizing disturbances to Ruby Creek and Stephens Creek and the length of sewer outside the Macadam Ridge Land Division Application 22proposed and existing rights-of-way. The proposed sewer extensions will be designed consistent with the City’s sewer design standards D. Private sanitary sewage disposal Where private on-site sanitary sewage disposal is proposed, BDS and Environmental Services ‘ave preliminarily approved the location, design, and capacity of the proposed sanitary sewage disposal system. Response: No private onsite sanitary sewage disposal is proposed. 33.652.030 — Environmental Overlay Zones any portion of the sanitary sewer is within an Environmental Overlay Zone, its subject tothe regulations of Chapter 33.430, Environmental Overlay Zones. Response: Almost the entire subject property is located within an Environmental overlay zone, including all aspects of the on-site sanitary sewer system. Therefore, Chapter 430 is applicable to the review of the proposed sanitary sewer system within the development site. Chapter 33.430 is addressed below. Chapter 33.653 Stormwater Management 33.653.020 Stormwater Management Approval Criteria Stormwater management rust meet the following approval criteria: A, Ifa stormwater tract is proposed or required, an adequate amount of land and an apprapriate Location must be designated om the Preliminary Plan; and Response: Stormwater from the proposed public streets will be treated and detained through low impact development storm drainage planters located within the public rights-of-way. Qutfall from these facilities will be conveyed to the proposed public storm sewer network and ultimately discharged to Ruby Creek. Houses on cach of the private lots will provide water quality treatment and detention through flow-through planters or other approved facilities to meet or exceed City of Portland requirements. These individual facilities will be reviewed during the building permit process for each house. B. The application must show that a stormwater managentent system can be designed that will provide adequate capacity for the expected amount of stormwater. Response: A stormwater management system that will provide adequate capacity for the expected amount of stormwater has been depicted on the plan set. A stormvvater management plan report is included outlining how the proposed network will meet the City’s capacity standards. Macadam Ridge Land Division Application B33.653.030 Stormwater Management Standards Stormmster management facilities nst meet the foloving standards, Adiustments are prohibited. A, The Bureau of Emironmental Services has preliminarity approved the eqpacity, type, location, feasibility and land area required of the proposed stormwater management system and stormwater disposal facilities at well as any connection to offsite facie, The approval is based ‘on the Sewer Design Manual and the Stormwater Management Manual; Response: The location, design, and capacity of the proposed stormwater ‘treatment and disposal facilites will be reviewed and approved by the Bureau of Environmental Services. B. The Bureau of Development Sercices has preliminarily approved the eqpacity, yp, location, feasibility and land area required of any proposed private onsite stormwater disposal facilites; and Response: Onsite stormwater treatment and disposal facilities will be proposed with specific building development proposals for the lots within the subdivision. Each lot will be provided with one or more lateral connections to the public storm system. C. Onnership and maintenance. 1. Generally, a stormwater faclty that serves more than one lot must be in a bract or within the right-of wap except as allowed by C.2 below. Ifthe facility isin a tac, it must be sither ned in common by all ofthe owners ofthe lots served bythe faci, by a Homeouners’ Association, by a public agency, or by a non-profit organization, 2. Exceptions a. A private stormmater facility may be in an easement ifthe location ofthe tract would preclude compliance mith the front lot line requirements of Chapters 33.610 throxgh (33,615; b, An existing private stormwater facility may be in an easement, if there is a recorded ‘maintenance agreement, r ifthe maintenance is addressed in the CCORs; & A private stormwater facility serving up to five dwelling units may be in an easement, if there is a recorded maintenance agreement, or ifthe maintenance is addressed in the CCeRs. D. Driveways may cross stormwater tracts and easements. Response: Not applicable. (33.653.040 Environmental Overlay Zones If any portion of the stormwater management system or disposal system is proposed within an Emironmental Overlay Zone, itis subject tothe regulations of Chapter 33.430, Environmental Zones. Response: See the responses to this zoning code section in the section of this report ‘which deals with the requested Environmental Review approval. Macadam Ridge Land Division Application 4Chapter 33.654 ——_-Rights-of- Way 33.654.010 Purpose Rights of wy provide for movement and acces to, within, and through a land division site by ‘pedestrians, bicycle, and motor vebicles. These regulations ensure that the right-of way systema will serve each lot in the land division. Where possible, the system wall extend through the land division 10 reach adjacent ste. Constraints, such as seep slopes or environmental zones on or near the site ‘may influence the location or preclude connected rights-of way. These regulations protect the public alt and safety by ensuring safe movement and access for emergency and service wobicls, Response: No response to the purpose statement is necessary. 33.654.020 Where These Regulations Apply The regulations of this chapter apply to all land divisions. Response: The regulations of this chapter are applicable to the current land division approval request. 33.654.110 Connectivity and Location of Rights-of-Way A. Purpose. The regulations ofthis section ensure provision of efficent acces to as many lots as possible, and enhance direct movement by pedestrians, bicycles, and motor vebicles betwen destinations, Direct routes for Bicycles and pedestrians from residential areas to neighborhood fasiities, such as schools and parks, are particularly important to increase the convenience of ‘sravelling by foot or bicycle. The speific location of right-of may is influenced by a variety of conditions, including existing development streets and lot patterns, and ensironmental features. B. Approval criteria. 1. Through sirets and pedestrian connections in OS, R, C, and E Zones. In OS, B, Gand E gones, through streets and pedestrian connections are required where appropriate and practicable, taking the following into consideration: ‘a. Through streets should generally be provided no more than 530 feet apart, and ‘pedestrian connections should generally be provided no more than 330 feet apart. Through street and pedestrian connections should general) be at least 200 feet part; 1b. Where the street pattern in the area immediately surrounding the ste meets the spacing of subparagraph a, above, the existing street pattern should be extended onto the sites & Characteristics ofthe site, adjacent sites, and vicinity, such ast (1) Terrain; (2) Whether adjacent sites may be further divided; (G) The location of existing streets and pedestrian connections; (@) Whether narrow frontages ill constrain creation of a through stret or pedestrian connection; (5) Whether enséronmental overlay zones interrupt the expected path of a through street or pedestrian connection; and (6) Whether existing dvelling units on- or offsite obstruct the expected path of a through street or pedestrian connection. Alternative locations or designs of rights of way should be considered that avid existing dvelling units, However, provision of trough streets or pedestrian connections should take precedence over protection Macadam Ridge Land Division Application 25of existing delling units where the surrounding transportation system will be siguificantly affected if a new through stret or pedestrian connection is not created: Master street plans for the area identified in Goal 11B of the Comprehensive Plans e. Pedestrian connections should take the most direct route practicable, Users should be able to see the ending of the connection from the entrance point, if possible. Response: The proposed street systems will not create any actual “blocks” ‘which are longer than 530 feet in length. The subject property contains primarily Ep zoned areas associated with Stephens Creek, which passes west to east through the site. The site is bordered by existing older detached single-family development to the west, with only an approximately 125-foot connection to SW Ruby Terrace along the site’s western boundary. The presence of the head of Ruby Creek in this area near SW Ruby Terrace and the Ep zoning adjacent to the creck makes a street connection to this area impractical. The presence of Stephens Creek and its steep drainage way makes connections between the southem portion of the site and the northern portion of the site along SW Canby Street very impractical. Such a connection would require construction of a bridge actoss the creek(@) and/or the placement of substantial amounts of fill material, ‘with resultant very significant impacts to the resources within the drainageway. ‘The steepness of the slope and the Ep zoning along the drainage ways through the site severely limit possible street connections through the site to existing streets, and also limit opportunities for streets within the site ‘The proposed development plan provides a connection between the existing dead-ended SW Hume Street to SW Taylors Ferry Road through a connection. within and adjacent to the existing undeveloped right-of-way of SW Front Street. While the block which is created to the south along SW Taylors Ferry Road to the existing SW 2° Avenue/SW Ruby Terrace connection is longer than 530 feet, itis much shorter than currently exists and therefore should enhance general circulation and emergency vehicle circulation into the existing SW Ruby ‘Terrace/SW Ruby Terrace neighborhood over what currently exists. Given the above-described connection of SW Hume to SW Taylors Ferry Road and the steep Ep and OSc zones to the north and east, respectively, and the existing residential development to the west, there is litle left in the way of other options for providing streets into the site. ‘The proposed land division plan proposes a northward extension of SW Front Street approximately 230 feet into the site where it terminates in a cul-de-sac bulb. In addition, a 15-foot wide pathway connection will be provided between Lots 8 and 9 from SW Ruby ‘Terrace to the new public street in order to also mitigate for this over-length block and provide for additional pedestrian connectivity between the proposed development and existing development. 2. Dead-end streets in OS, R, C, and E zones. In OS, B,C, and E zones, deadend streets ‘may be provided where through streets are not required. Deadend streets should generally Macadam Ridge Land Division Application 26‘not exceed 200 feet in length, and should generally not serve more than 18 duelling units. Public dead-end streets should generally be at east 200 feet gpart. Response: ‘The entire site is within an R zone - R10. Most of the site is within an Environmental zone. The site directly to the east is zoned OS, with an Ec overlay zone. “There is not a need to extend the proposed public street any further to provide access to any unserved properties, and itis necessary that this street not be ‘extended further to avoid significant impacts upon Ruby Creek, Stephens Creek and other natural resources as previously discussed. 3. Pedestrian connections in I Zones In I zones, pedestrian connections to all Regional Transitways, Major Transit Priority Strets, Transit Access Streets, Community Transit Streets, Off-Street Paths, and recreational trails within 1,300 feet of the site are required where appropriate and practicable. The connections should take the most diret route practicable, Users should be able 10 see the ending ofthe connection from the entrance point, ‘if possible, Onky the portion of the pedestiian connection that is om the land division ste is required. Response: ‘The site is not located within an I zone, Therefore, this standard does not apply. 4, Alleys in all zones. Alleys may be provided where the provision of an alley is appropriate 10 mitigate transportation or development inpacts. Alls may be appropriate to move garage acess ay from busy srs, reduce the number of driveways crossing sidewalls, (provide alternative locations on the ste for parking, limit the nonber of garage doors facing ithe street, and maintain on-street parking. Where alleys are not required, applicants may choose to provide them. Response: No alleys are proposed. J3.654.120 Design of Rights-of Way A. Nonlocal street standard. For streets other than local service streets, the Office of Transportation has approved the right-of may wideh and all elements within the sre right-f- wey, Response: The new proposed street will be a local street. The existing streets are all local strects, with the exception of SW Taylors Ferry Road on the southeastern edge of the site. No extensions of SW Taylors Ferry Road are proposed or required as part of this application. B. Local street approval enter and standards. Tbe folowing approval eriteria and standards apply to all local service strets except for common greens: 1. Approval criterion for width of the right-of may. The width ofthe local stret right-of-way must be suflcdent to accommodate expected users, taking into consideration the Macadam Ridge Land Division Application acharacteristics ofthe site and vicinity, such as the existing street and pedestrian sytem improvements, existing structures, and natural features. 2. Standard for configuration of elements within the right-of way. For public streets, the Office of Transportation has approved the configuration of elements within the street right-of ay. Por private streets, the Bureau of Development Serrices has approved the configuration of elements within the street right-of-way. Response: All proposed new streets will be local streets with low levels of traffic. “The proposed rights-of-way will be sufficient for their anticipated uses as low volume local streets with rare truck traffic related to emergency service providers and occasional delivery vehicles. 3, Standards fr turnarounds. a, When a turnaround is required. A turnaround is required om a dead-end stret in the following situations: (1) The sires will serve 4 or more lots; (2) The sires is at east 300 fet long; or B) When required by the City Engineer, the Fire Bureau, or BDS. b, Temporary turnaround. Where a street is temporarily terminating within the land division site, the City Engineer, BDS, or Fire Bureau may require a temporary turnaround. «The following approval criteria and standard applies to permanent and temporary turnarounds: (1) Apnoea Te tran mate Be ofa size to accommodate expected users, taking into consideration the characteristics ofthe site such as existing structures, natural features, the Length of te street, and the number of housing units served by the street; + Minimize paved areas + Proside adequate area for safe whieular movensent; and + Provide adequate area for safe and convenient movement by bicyclists and pedestrians traveling om the street or traveling from the street toa pedestrian connection. (2) Standard. For publi streets, the Offic of Transportation bas approved the configuration of elements within the turnaround right-of way. For private strets, ‘the Bureau of Development Senices has approved the configuration of elements sithin the turnaround right-f-ugy. Response: A cul-de-sac turnaround will be provided on the northern end of the extension of SW Front Street. This street segment will serve limited numbers of dwelling units C. Common green approval criteria and standards. The following approval onteia and standards ply to common greens: Macadam Ridge Land Division Application 28‘The purpose ofthe following standards is o allow streets designed fo provide access for only (pedestrians and bicycles to abutting properties. Common greens are aso intended to serve as a ommion open space amenity for resident The following approval criteria and standards apply 10 common greens: Response: No common greens are proposed. Therefore, this section is not applicable. E. Pedestrian connections. The folowing approval criteria and standards apply to pedestrian connections: 1. Approval criterion for width ofthe right-of way. The width of the pedestian connection right-of-may must be sufficient to accommodate expected users and provide a safe environment, taking into consideration the characteristics ofthe ste and vicinity, such as the existing street and pedestrian system improvements, exiting structures, natural features, and total length ofthe pedestrian connection. As much as is possible, the users should be able to stand at one end ofthe connection and see the other end 2, Standard for configuration of elements within the right-of-way. For public pedestrian connections, the Office of Transportation has approved the configuration of elements within the pedestrian connection right-of sy. For private pedestrian connections, the Bureau of Development Serces has approved the configuration of elements within the pedestrian connection right-of way. Response: One privately owned and maintained pedestrian way is proposed to be provided within ‘Tract A, cunning from SW Ruby Terrace through Lots 8 and 9 to the new proposed public street. The tract will be provided with adequate width to accommodate the minimum ten-foot wide pathway or sidewalk to be installed. No pedestrian way lighting is proposed. The proximity of nearby homes should provide sufficient ambient lighting for the pedestrian path. If the homeowners’ association finds that additional lighting is desirable, they will be able to provide it. ‘The pedestrian ways will be relatively straight and therefore will be observable from cither end, and from the adjacent homes. F. Alls. The following approval criteria and standards apply to alley: Response: No alleys are proposed. Therefore, this section is not applicable. Response: No shared courts are proposed. Therefore, these standards do not apply. Macadam Ridge Land Division Application 2933.654.130 Additional Approval Criteria for Rights-of Way A. Usilites. Unies must be located within rights-of way or utility easements that are adjacent to rights-of ay f0 the masimuon extent practicable, Utility eaerents up to 15 fet in width may be required adjacent to rights-of way. Response: Utility lines will primarily be located within public rights-of-way or ‘within public utlity easements adjacent to the proposed rights-of-way. Where sanitary sewer lines and storm sewers must cross proposed Tract A to reach either the existing sanitary sewer trunk line or Ruby Creek, public utility easements will be provided as illustrated on the preliminary plat as a 30-foot wide proposed storm and sanitary sewer easement to City of Portland BES. sion of existing public dead-end streets and pedestrian connections. Easting public dead- nd streets and pedestrian connections adjacent tothe site must be extended onto the ste as needed to serve the site. Response: The proposed development plan provides for the extension of SW Hume Street. SW Hume Street is currently a dead-end gravel road. SW Hume is proposed to be extended to connect with SW ‘Taylors Ferry Road. ‘There are no existing public pedestrian trails that stub into the site. G. Future extension of proposed dead-end streets and pedestrian connections. Where the land dlsision ste ajaent to ste that may be divided under current oning, dead-end strests and pedestrian connections must be extended tothe boundary of the site as needed to provide future acess tothe adjacent sites. The following factors are considered when determining if there is a seed to make provisions for future aces to adjacent sites. A need may exit if 1. The site is within a block that doesnot comply withthe shacng standards or adopted street ‘plan of the Transportation Element of the Comprehensive Plan; or 2. The full development potential of adjacent sites within the block will not be realized unless a more complete street system is provided to improve access to those sites. Response: SW Hume Street is proposed to be temporarily dead-ended at the ‘eastern edge of the subdivision adjacent to Lot 3. Its intended that SW Hume ‘Street can be extended from there in the future in order to provide access to tax lots 4000 and 4100 of MCTM 1S1 22CB to the east if needed. The other property (tax lot 2700) to the east is zoned OS Open Space with an Ec overlay zone. This current zoning designation for tax lot 2700 makes future development of that lot, and therefore a future street extension further to the east, impractical. No other future strect extension provisions are practical because of existing development to the north and west, as well as because of the large area of Ep overlay zone area adjacent to Stephens Creek and Ruby Creek which both flow through the site. Macadam Ridge Land Division Application 30D. Partial right-of-way. Partial rights-of-way and street improvements may be appropriate where ‘the proposed right-of-way and street improvements are expected to be provided by the ouner of the adjacent property. Partial right-of way and street iprovements muy also be required where needed to provide future access to adjacent sites. The Office of Transportation must approve the configuration ofa partial rght-f.nay or public street improvement Response: No partial rights-of-way are proposed for the streets within the proposed development. E, Osmersbip of aleys. Where the proposed alley abuts sites that may be divided or further developed under current zoning, the alley may be required to be dedicated tothe public. Factors to be considered include the spacing of existing rights-of way, whether adjacent sites are already fully developed under the current soning, and whether the alley can provide vebicle acess to adjacent developable sites, The Office of Transportation must approve the dedication and configuration of any public alley improvements. Response: No alleys are proposed. Therefore, this section is not applicable. 33.654.150 Ownership, Maintenance, and Public Use of Rights-Of-Way A, Purpose. To protect long-term access and both public and private investment in the street system, the rights and responsibilities forthe street system rust be clear. Public ownership of streets is preferred to provide long-term access to sites and meet connectivity goals. However, where a dead: end street serves a limited numberof units, the public benefit may be very limited and the ‘maintenance costs may be relatively high. In that limited situation, private streets aay be appropriate, Where public ownership isnot feasible, property owners must know their ‘maintenance responsibilities and what public use to expect on rights-of-way. B. Osnership. Ownership of rights-ofway is determined through the following standards: 1. Through streets. Through sirets must be dedicated to the public 2. Partial streets, Partial strets must be dedicated to the public. 3. Dead-end streets. In general, dead-end streets and turnarounds must be dedicated to the public, A dead-end street may be privately ouned i the street wil abut no more than eight Lots within the land division site, and the street is nat proposed as, or required to be a partial street If the street isnot dedicated tothe publi, it must bein a tract, and owned in common by the mers of property served ly the street or by the Homeowners’ Assocation, 4, Exception for temporary turnarounds. Temporary turnarounds may bein an easement. Ecxesptions for common grees... 6, Pedestrian connection. a. Pedestrian connections that connector are intended to eventually connect two throvgh streets, must be dedicated to the public. b, Pedestrian connections that connector are intended to eventually connect to a public school, park or brary, must be dedicated tothe publi Pedestrian connections that are not dedicated to the public may be privately owned in commson by the oxners ofthe property within the Land division ste or the Homeowners Association Ifthe pedestrian connection will not be dedicated to the public, it must be ina tract 7. Alleys... Macadam Ridge Land Division Application 3t -8. Public rights-of-way. AM elements of public rights-ofsmay must be dedicated to the pubic, except as allowed by paragraph B.10, below. 9. Private rights-of-way. For rights-f way held in common ownership or onmed by the Homeowners’ Association, all elements of the right-of-may must be in a trac, except as allowed by paragraph B.10, below. This standard does not apply to alles sering five or fewer lots. 10, Right-of-may elements in easements, Right-of way elements may be in an easement if the following standards are met: a. Temporary turnarounds. Temporary turnarounds allowed under this Chapter may be placed in earements that also include a public access easement that allows public access (on all parts of the turnaround; 1b. Street elements. Sidemalles and other stret elements may be placed in easements adjacent toa right-of-way if the following standards are met: (1) A tree, rock outerapping, or other natural feature within the right-of-way precludes construction ofthe sidewalk: or ater element wishin the right-of may: (2) The easement may be up to 50 feet long, measured along the right-of-way, and up to 10 feet wide. See Figure 654-3; (3) The casement must also include a public acess easement that allows public access an all parts of the easement; and (4) The City Engineer has approved the use of an easement adjacent to a public street ar the Bureau of Development Services has approved the use of an easement adjacent toa private street. C. Maintenance. Ifthe right-of way is privately owned, a maintenance agreement must be recorded ‘that commits the owner fo maintain all elements of the right of way. D. Public use of right-ofway. 1, Street tracts must include a public access easement that allows public acess on all parts of the sidewalls; 2. Pedestrian connections must include a public acess easement that allows public access om all ‘parts of the connection; and 3. Public access easements must be recorded with the County Recorder. Response: All proposed streets will be located within public rights-of-way and will be constructed to the applicable public street standards of the City of Portland. No private streets, alleys, pathways or common greens are proposed. B. COMPLIANCE WITH R10 DISTRICT STANDARDS Chapter 33.110 Single-Dwelling Zones Response: The proposed development must also meet the development standards of the R10 base zoning district provided by Chapter 33.110 ~ Single-dwelling zones. Since the subject lots are currently undeveloped, none of the standards will be applicable until actual home development occurs on the lots. The applicable sections of Chapter 33.110 for future home development on the proposed lots are addressed below. Macadam Ridge Land Division Application 3233.110.010 Purpose ‘The single-dvelling zones are intended to presere land for housing and to provide housing opportunities for individual households. The zones implement the comprebensve plan policies and designations for single- dueling housing A. Use regulations, The use regulations are intended to create, maintain and promote single-dveling neighborhoods. They allow for some non-housebold bving nses but not to such an extent as to sacrifice the overall image and character of the single dwelling neighborhood. B. Development standards. The development standards preserve the character of neighborhoods by providing sic diffrent zones mith diffrent densities and development standards. The development standards work together to promote desirable residential areas by addressing aesthetically pleasing emironments, safety privagy, energy conservation, and recreational opportunities. The ste evelopment standards allow for flexibility of development while maintaining compatibility within the City's various neighborhoods. In addition, the regulations provide certainty to property owners, developers, and neighbors about the linitsof what is allowed. The development standards are generally writen for houses on flat, regularly shaped lots, Other situations are addressed shrowgh special regulations o” exieptions Response: No response to this purpose statement is required because it is not an approval standard applicable to the land division application request. Nevertheless, it is, pointed out that the proposed land division will provide lots only for single-family detached dwellings as is permitted in the R10 zoning district. The proposed development will be consistent with the overall allowed density housing opportunity on the site provided by the R10 district. The proposal will utilize the environmental review section of the Code to achieve flexibility with regard to lot sizes and lot dimensional standards in exchange for preserving approximately 9.62 acres as permanent open space as Tract A, 53.110.020 List of the Single-Dwelling Zones Response: No response to this section is necessary. 33.110.030 Other Zoning Regulations The regulations in this chapter state the allowed uses and development standards for the base zones. Sites swith overlay zones, plan districts, or designated historical landmarks are subject to additional regulations. The Official Zoning Maps indicate wbich sites are subject to these additional regulations. Specific uses or development types may also be subject to regulations in the 200s series of chapters. Response: ‘The subject property is mostly covered by the Ep and Ec overlay zones. Standards applicable to these overlay zones are addressed below in the responses to Chapter 33.430-Environmental Zones. There are no other overlay zones, plan districts or designated historical landmarks on the site. No specific uses or development types subject to the regulations in the 200s series of chapters are proposed as part of this application. Macadam Ridge Land Division Application 3333.110.100 Primary Uses A. Allowed nses, Uses allowed in the singledivelling zones are listed in Table 110-1 with a "Y", These ses are allowed if they comply uith the development standards and otber regulations ofthis Tit Response: Household living, as is proposed for all of the proposed lots within the subdivision, is listed in table 33-110-1 with a “Y" under the R10 column, Parks and open areas are listed with an “L” as allowed but with special limitations. The applicable limitations states that parks and open areas are allowed by right, but certain accessory uses and facilities of these areas may require conditional use review. These special accessory uses include things such as swimming pools, cemeteries, golf courses, boat ramps, parking areas, and recreational fields for organized sports. The proposed open space areas within the anticipated subdivision will not include any of the listed accessory uses of facilities which would require conditional use review. ‘Therefore, the proposed uses are all allowed on the subject property by the R10 zoning district. I3.10.110 Accessory Uses Accessory uses to a primary use are allowed if they comply with all development standards. Accessory ome occupations, accessory dueling nts, and accessory short-term rentals have specific regulations in (Chapters 33.203, 33.205, and 33.207 respectively. Response: No accessory uses to the proposed primary uses within the development project are currently proposed. 3.110.200 Housing Types Allowed Response: ‘The proposed land division provides lots for detached dwelling units or houses on individual lots. “House” is listed as a “Housing Types Allowed in the Single- dwelling Zones” in the R10 column. Other sections of Chapter 33.110 Table 33-110-3 provides development standards including maximum building height, setbacks, and ‘required outdoor areas for homes in the R10 and other single-dwelling zones: Response: ‘The standards in Table 110-3 will generally apply to houses to be built on the proposed lots (and as modified through Environmental Review). It’s important to note that the development standards of Table 110-3 are not approval standards for the current proposed land division request but instead will apply at the time of building, permit issuance to the individual structures to be built on the proposed lots. All lots are configured so that detached houses will be able to be built on the proposed lots in accordance with the standards of Table 110-3, with the exception of the side yard setback standard and minimum lot size standard which have been requested to be Macadam Ridge Land Division Application 34modified through the Environmental Review application process, as addressed in Section 33.430.280 later in the narrative. The R10 district's ten-foot minimum side yard setback standard has been requested to be modified to a minimum of five feet for all side yards and the minimum lot size has been requested to be modified from 6,000 square feet to 5,000 square feet. The maximum building height standard of 30 feet; the minimum front yard setback standard of 10 feet as allowed outright pursuant to Section 33.110.220.D; the minimum rear yard setback standard of 10 feet; and the minimum garage entrance setback of 18 feet, have not been requested to be modified, Table 110-3 also requires that outdoor areas be provided for homes in the R10 district with a minimum square footage of 250 square feet, and minimum dimensions of 12 feet by 12 feet. All of the proposed lots are configured so that a home can be built on the lot, satisfy the applicable setback standards (with the one modification of the side yard setback), and provide enough outdoor recreation area to satisfy this requirement on each lot. The Preliminary Site Plan illustrates a proposed building footprint, typical driveway and a minimum 250 square foot outdoor area with a 12-foot by 12-foot square within the outdoor area. This illustrates that these standards have been met. Building permit applications will be reviewed for compliance with the proposed house footprints and required outdoor area at the time of the building permitting process. All of the other applicable standards of Chapter 33.110 will be satisfied by houses to be built on the 23 proposed lots and will be reviewed for compliance during the building permitting process. ‘The proposed development does not utilize the alternative development options, flag lot standards, planned development, transitional site, zero lot line, or permit-ready houses options provided in Chapter 33.110. No institutional development is proposed. No accessory structures or detached garages are proposed for development at this time. Accessory structures built in the future will be subject to the standards of Sections 33.110.250 and/or 33.110.253, as applicable. No fences or signs are proposed at this time, C. COMPLIANCE WITH THE APPLICABLE ENVIRONMENTAL REVIEW APPROVAL CRITERIA Chapter 33.430 Environmental Review Criteria 33.430.010 Purpose Environmental zones protect rsourees and finctional values that have been identified by the City as Providing benefits to the public. The environmental regulations encourage flexibility and innovation insite ‘planning and provide for development that is carefully designed to be sensitive to the site's protected resources. These regulations also help meet other City goals, along with otber regional, sate, and federal Macadam Ridge Land Division Application 35goals and regulations. The environmental regulations also carry out Comprehensive Plan policies and objectives, 53-450.015 Purpose of the Environmental Protection Zone ‘The Environmental Protection zone provides the bighest lel of protection to the most important resources and functional values. These resources and fictional values are identified and assigned value in the inventory and economic, socal, environmental, and energy (ESEE) anabsis for each specific study area, Development wil be approved inthe environmental protection zone only in rare amd unusual arcumstanees. 33.430.017 Purpose of the Environmental Conservation Zone The Environmental Conservation gone conserves important resources and functional values in areas where the resources and functional values can be protected while allowing ensironmentaly sensitive urban development. Response: No response to these purpose statements is necessary since they are not listed as approval standards. Nevertheless, it is pointed out that the proposed Macadam Ridge Subdivision has been designed consistent with these purposes. The most. significant resources and functional values of these resources are proposed for long-term protection through the establishment of Tract A as an open space tract which will be owned and maintained by the homeowners’ association. The proposed development plan utilizes sensitive design techniques to allow limited development on the site. (53.430.020 Environmental Reports The application of the environntental zones is based om detailed studies that have been caried out within eight separate areas of the City. The City’s policy objectives for these study areas are described in the reports. Bach study report identifies the sources and desoribes the functional values of the resource sites Functional values are the benefits provided by resources. The values for each resource site are described in the inventory section of these reports. The City bas adopted the following eight entironmental study reports ** Southwest Hills Resource Protection Plan Response: ‘The site specific environmental review report prepared for the subject, application by Schott & Associates in Appendis I has been based partially upon the review of resources and functional values for the subject property as reported in the Southwest Hills Resource Protection Plan. 33.430.070 When These Regulations Apply Unless exempted by Seaton 33.430,080, below, the regulations of this chapter appby tothe following: A. Development; B, All land divisions and property ine adjustments C. Remoning, cutting, mowing clearing, burning or poisoning native vegetation listed in the Portland Plant List; D. Planting or removing plants listed on the Nuisance Plants List E. Changing topography, grading, excavating, and fling: Macadam Ridge Land Division Application 36EF. Resource enhancement; and G. Dedication and expansions of right-of) Response: The proposed development is a land division which will include excavation to construct a sanitary sewer extension and a storm sewer outfall within proposed Tract A, which is located within a portion of the site that is zoned both Ec and Ep. Almost all of the portions of the subject site where lots, streets, pedestrian paths and other activities ate proposed are located within the Ec overlay zone. The proposed development activities all require approval through the Enviconmental Review process. ‘Therefore, the regulations of Chapter 33.430 apply to this project. 3.430.080 Items Exempt From These Regulations The following items, unless probibited by Section 33,430,090, below, are exempt from the regulations of this chapter. Other City regulations such as Title 10, Erosion Control, mest stil be met: Response: None of the exemptions listed in Section 33.430.080 apply to the current situation. 33.430.090 Prohibitions ‘The following items are prohibited in all enronmental zones. Probibitions apply to bath transition areas and resource areas: A. The use, packaging, transportation, or storage of hazardous substances, except as follows: 1. Transportation of hazardous substances through environmental zones by rail or on designated truck routes is allowed; and 2. Use of consumer quantities of hagardous substances within environmental zones is allowed subject to the regulations ofthis Title, Consumer quantities of hazardous substances are packaged and distributed in a form intended or suitable for sale through retail sales outlets for consumption by individuals for purposes of personal care and household use. B. The planting or propagation of any plant listed on the Nuisance Plants Lists C. Esaterior work. autivities, unless in conjunction with a river-related or river dependent use. See Chapter 33.910, Definitions; and D. Dumping of yard debris or trash. Response: ‘The proposed development plans will not include any of the above-listed prohibited items or activities 53.430.100 Environmental Development Standards and Environmental Review Compliance with the development standards of this chapter is required fo all development in the emsronmental zones. For proposals that cannot met all ofthe standards, Ensironmental Review is required. Where a proposal can meet all the standards, the applicant may choose to go through the discretionary environmental review process, or to meet the objectie standards of this chapter. Macadam Ridge Land Division Application 37The development standards are Sections 33.430.140 through .190; Sections 33.430.150 through 190 address specific types or aspeds of development, while 33.430.140 applies to propasals not covered by the ‘ore specific sections. A proposal may be subject to several sections. For example, construction of a house ‘may be subject to the General Development Standards of 33.430.140, General Standards, and the standards of 33.430.180, Stormwater Ousfals and 33.430.150, Utilities. Ifthe proposal can meet the general standards and standards for utes, but not those for a stormwater outfal,enséronmental review is required only for the stormuvater ougfall. To be elgle to use the development standards for an aspect of 4a proposal, all ofthe standards within the relevant section noust be met Response: This section is an explanatory section and does not by itself include any approval standards. The applicable development standards are listed below, with responses related to the proposed development. Not all of the applicable standards can be met; therefore, an Environmental Review request is included as part of this application package. The Environmental Review request is addressed in a report prepaced by Schott & Associates. ‘That report, which is included as Appendix I, is hereby made a part of the findings addressing the standards of Chapter 33.430. 53.430.100 Purpose These provisions are intended ta: A. Encourage sensitive development while minimising impact om resources B. Provide clear limitations on disturbance within resource areas; C. Ensure that new development and alterations to existing development are compatible with and preserve the resources and functional values protected by the enironntental zones; D. Provide clear planting and erosion control requirements within resource areas; E.. Buffer the resource area from the noise, foes, lights, and motion of vehicular traffic associated with industriel, commercial, and mul divelling residential uses; and E. Limit the impacts om resources and fictional values resulting from construction of certain pes of wiles, 53430.140 General Development Standards ‘The standards below apply to all development in the enironmental zones except as follows: © Uiilities subject to Section 33.430.150; © Land divisions subject to Section 33,430.160; © Property line adjustment subject to Section 33.430.165; © Resource enhancement projects subject to Seaion 33.430.170; © Rights-of way improvements subject to Section 33.430.175; + Stormwater ovis subject to Section 33.430.1 80; and © Public recreational trails subject to Section 33.430.190. Response: See the responses to the applicable standards of Section 33.430.160; Section 33.430.150; Section 33.430.175; Section 33.430.180; and Section 33.430.190 below. Macadam Ridge Land Division Application 3853.450.160 ‘Standards for Land Divisions and Planned Developments ‘The following standards apply to land dluésions and planned developments in the environmental zones, All ofthe standards must be met. Modification of any ofthese standards requires approval throwgh emironmental review described in Sections 33.430.210 to 33.430.280. A. All development is outside the resource area ofthe environmental protection zone; Response: All of the proposed development activities are located outside of the resource areas of the environmental protection zone other than the limited sanitary and storm sewer construction activities noted elsewhere in this narrative. B. Where there is a house on the site that is in the environmental protection zone, it may remain fa new lot is created that meets the followings 1. The existing house will remain; and 2, A new lot is created that is no larger than required to contain the existing house, garage, ‘minimum required setbacks, a 12-foot wide driveway, and an opem area of 20 feet by 20 fet Response: ‘There are no existing houses on the site. Therefore, this section is not applicable. C. Resource areas of the ensironmental protection zone that are outside of los being created under the provisions of Subsection B., above, are located entirely within environmental resource tracts, The tracts must be owned in common by all ofthe owners of the land division site, by a Homeowners’ Associaton, by a public agency, or by a non-profit organigation; and Response: All areas of the subject property which are within the Environmental protection zone are proposed to be located within Tract A. Tract A will be owned and maintained by the homeowner's association. D. The total amount of disturbance area allowed within the resource area of the environmental conseruation zone is ether the amount listed in Table 430-4 or 1 aore, whichever i less, minus the amount of area outside the resource area Excerpt from Table 430-3 Maximum Disturbance Area for a Land Division Allowed Within the Resource Area R10 Zone: Maximum Disturbance Area is 15% of site area Response: ‘This standard is not met by the plans for the proposed development, Environmental Review approval is therefore necessary. Please see the Environmental Review application responses in Appendix I to this report. E. Resource areas outside designated disturbance areas must be placed entirely within environmental resource tracts. The tracts must be owned in common by all ofthe owners of the land division ste, by a Homeowners’ Association, by a public agency, or by a non-profit organization; Macadam Ridge Land Division Application 39Response: ‘The proposed subdivision plan provides for all of the resource areas of the Ep and Ee zone on the subject property to be placed within open space tracts A and B. Tracts A and B include both resource areas which will be disturbed and undisturbed. Tract A will be owned by the homeowners’ association. Tract B will be owned by the current owners of the land division site. F. Combined total diameter of trees may not exceed 225 inches per divelling unit in residential zones. In all other zones tree removal is limited to the boundaries of the approved disturbance area. Trees ‘that are less than 6” in diameter and trees listed on the Nuisance Plants List are exempt from this standard and may be removed without being counted as part ofthe 225 inches. Response: Since the site is heavily forested, a large number of trees will need to be removed for lot, utility and right-of-way improvements. This development standard is not met and Environmental Review is required. Please see the Environmental Review report in Appendix I to this report. G. The standards of Subsections 33.430.140.B, C, and K throngh S must be met Section 33.430.140 provides the following additional criteria B. The disturbance area is set back at least 5 fet. from the resource area of ary ensironmental protection zones Response: All proposed disturbance areas on the site are at least five feet from the resource areas of the Environmental protection zone on the site, except for the proposed sanitary and storm sewer work. Environmental Review approval for those activities is addressed in Appendix I to this report. C. The disturbance area must be set back at leat: 1. Fifty feet from the edge of any identified wetland, from the top-of-bank of any identified water body within the Columbia Corridor, or any identified water body within a protection gone on lots zoned R10, R20, or RF; Response: ‘The proposed disturbances on the subject property are not located within 50 feet from the top-of-bank of any water body within the Columbia Corridor (the site is not located within the Columbia Corridor), ot from any identified water body within an Ep overlay zone. The proposed disturbance will occur in an area of wetlands, which is one of the reasons Environmental Review of the proposal is requested. 2, Thirty feet from the top-of-bank of any identified mater body within a protection zone on all Lots exept those zoned R10, R20 or RF; and Response: The site is zoned R10, Therefore, this standard does not apply. Macadam Ridge Land Division Application 403. Thing fect fram the centerline of any identified water bodies uithin a conseration zone eccept those within the Columbia Corridor. Response: The proposed disturbance area will include the area of the stream on the site; therefore, Environmental Review is necessary. K. Trees eut are replaed as shown in Table 430-3, Replacement tres must beat least oneinch in ameter; shrubs must bein at asta 2-gallon container or the equivalent in ball and burlap. All res and shrubs must be selected from the Portland Plant List and planted on the applicant's site. Conifers must be replaced mith conifers and shrubs must consist of at last two diferent species; L. Nuisance plants, 4. Remove plants on the Nuisance Plants List in am area on the site that is equal to 50 percent of the sie ofthe proposed permanent disturbance area, or from the entire site, whichever is less 2, Plant removal must occur outside ofthe permanent and temporary disturbance areas. 3. Nuisance plant removal entails actions such as the removal of roots, the above grownd portion ofthe plant, and the seeds ofthe plant such that existing non-muisance or newly installed plants are able to grow and survive. The non-nuisance plants are maintained free of muivance plants. 4, The cleared area must be replanted as follows: 4. Seed the entire area of removal with a native grass seed. Install seven groundcover plants and to shrubs per 50 square fet. Groundeoter (plants must be a minimum size of four inch pots and the shrubs a minimus size of ‘one gallon pots. «Removed native and non-native non-nutsance tres are riplanted in accordance with Section 33.430.140.M. Planting native speces listed om te Portland Plant List is required 1M, All vegetation planted in a resource area is native and listed on the Portland Plant List, Plants sted on the Porttand Nuisance Plant List or Prohibited Plant List are prohibited; Response to K, L and M: See Appendix I for information regarding the Environmental Zone Mitigation and Monitoring Plan for Macadam Ridge, dated January 2017. The plan was designed to satisfy the tree replacement standards of Table 430-2 for re-vegetation of the Ep and Ec overlay zoned area to be disturbed by sanitary sewer and storm sewer outfall construction. All replacement plant materials shown on this plan are native species and listed on the Portland Plant List. IN. The minimum front and street building sethack and garage entrance seach ofthe base zone ‘may be reduced to any distance between the base zone meininsum and zero. Where aside lot Ene is also street lot line the side building and garage entrance setback. may be reduced to any distance between the base zone minimuen and zero; Macadam Ridge Land Division Application aResponse: The minimum front setback of the base zone of R10 is 20 feet, There is, nota street building setback requirement in the R10 zone. As allowed above, this application proposes to reduce the front building setback to ten feet. ‘The garage entrance setback will remain at 18 feet as per the base zone requirement. Where a side lot line is also a street lot line, the side building setback may be reduced to zero. In the case of Lots 1 through 3 and Lot 14, they each have side lot lines that are also a street lot line; therefore, each of these strect side lot lines will be reduced to five feet 2s allowed under this section of the code. 0. Maccimum front or stret setbacks are as follows: 1. The front building or street setback of the base zone isthe maccimuom building setback for primary structures. 2, Ona lot with more than one stret lt line the maccinum setback standard applies tothe street lot line that is farthest from the resource area, 3. In zones wit no minimum front o stret setback, the maimum setback is 10 fet Response: The applicable maximum front yard setback standard will be 20 feet. “That is the usual minimum front yard setback required by the R10 base zone applied to the site. P. Fences are allowed onty within the disturbance area; Response: No fences are proposed. Q. Parking and truck area burs. Response: No parking lots or truck areas are proposed. R. Exxerior lights must be spaced at least 25 fort apart. Incandescent lights exceeding 200 watts (or otber light types exceeding the brightness of @ 200 watt incandescent light) rust be placed 50 they do not shine directly into resource areas; and Response No lights are proposed at this time other than the streetlights along, the proposed public streets. S. Bxcterior storage and display areas include a ten-fot perimeter buffer from the resouree area The ufer is landcaped to at last the L3 standard, as stated in Chapter 33.248, Landscaping and Screening. Response No exterior storage or display areas are proposed. H. Streets, alleys, walkways, and stormwater facilities are not created within 50 feet of am identified swetland or water body, The standard does nat apply to recreational trails identified by the Comprehensive Plan; Macadam Ridge Land Division Application 42Response: None of the streets, sidewalks, pathways or stormwater facilities proposed for creation will be located within 50 feet of any of delineated wetlands or other water bodies. See Appendix I for mapping of wetlands and the creeks on the site 1. Rightof.ngy and roadway wis do not exceed the maximums listed in Table 430-5 and Response: Proposed right-of-way widths are as requied and recommended by the Bureau of Transportation in the pre-application conference notes. Je Urtlity construction must met the standards of Section 33.430.1 50. Private utility ines on alot where the entre area ofthe lot is approved to be disturbed and where the private tility line provides connecting sercice directly to the lot fram a public system are exempt from this standard. Response: All utility lines, except for the stormwater outfalls addressed in a separate standard, are on lots where the entire area shall be disturbed and the private utility line provides connecting service directly to the lot ftom a public system and are exempt from this standard, Trees removed within utility easements shall be included within the total removed within lots and/or right of way and mitigated accordingly. 33.430.150 Standards for Utility Lines The following standards apply to private connections to existing uilty ines and the upgrade of existing puiblic utility nes in resource areas, All of the standards must be met. Modification of any of these standards requires approval through environmental review described in Sections 3.430.210 to 33.4 30,280. Response: No private connections to the existing utility lines on the site are proposed within the E-zoned portions of the site. No upgrades to existing public utility lines in resource areas are proposed. Therefore, the standards of this section are not applicable. F5-430.165 Standards for Property Line Adjustments Response: No relocation of existing property lines is proposed. This section is therefore not applicable. F3.430.170 Standards for Resource Enhancement Projects Response: No resource enhancement projects are proposed. This section is therefore not applicable. $5450.175 Standards for Right-of-Way Improvements The following standards apply to unimproved and partially improved rghts-of may. All ofthe standards ‘must be met. Modification of any of these standards requires approval through envéronmental review described in Sections 33.430.210 to 33.430.280. New rights-of- may that are part of a proposed land division or planned development must be resiewed under the Standards for Land Divisions and Planned Developments in Section 33.430.160. Macadam Ridge Land Division Application 4BResponse: No unimproved or partially improved rights-of-way are proposed. This section is therefore not applicable. The Macadam Ridge land division proposes the creation of one new right-of-way. The creation of rights-of-way is addressed above under the Standards for Land Divisions in Section 33.430.160. 33.430.180 Standards for Stormwater Outfalls ‘The following standards apply to the instalation of stormwater owtfalls. AU of the standards must be set. Modification of any ofthese standards requires approval through environmental raiew described in Seatons 33,430,210 to 33,430,280, A, The temporary disturbance area for the stormwater outfall is no greater than 10 feet wide; B. Native tres more than 10 incbes in diameter meay not be removed: Response: One native tree greater than ten inches in diameter is proposed to be removed for the stormwater outfall. This standard is not met and Environmental Review is required. Mitigation for this tree shall be provided per Option B and included in the ‘overall mitigation planting plan (See Mitigation and Monitoring Plan for Macadam, Ridge, dated January 2017, in Appendix 1). C. Euach 6 to 10-inch dizmeter native tee cut must be replaced on the ste at a ratio of 3 native tees ‘foreach one removed. The replacement tees must beat least one half inch in diameter and selected “from the Portland Plant List Response: No trees between 6 and 10 inches are to be removed. D. Temporary disturbance areas must be planted with native speis listed in the Portland Plant List acording tothe following densities: 1, Three diferent naive shrub species are required at a minimus 1 gallon sige or bar root, planted at a density of 3 plants per 10 square feet; and 2. The remaining area must be planted with native groundcover using a mininoumn of 4-inch pots at «a density of 8 plants per 10 square fet; Response: See the mitigation planting plan in Appendix I. m When constructed open channels or vxgeated swales are proposed, the slope between th stormavater source and the waterbody does not ceed 15 percent at any points Response: No open channels or vegetated swales are proposed. FE. Only one outfall pipe may be used om a site, The outfall pipe sige may not exceed 4inches in diameter; and Response: Only one storm drainage outfall is proposed for this project into Ruby Creek. However, pipe sizing will be 12 inches and/or 18 inches as required to mect minimum Bureau of Environmental Services standard conveyance requirements and to adequately convey design storm events without inundating upstream dwellings, Macadam Ridge Land Division Application 4thus exceeding the four-inch diameter requirement of this subsection. This development standard will not be met. An Environmental Review is required. G. Ifan outfall rprap pad is used it must be planted with lve stakes of native plant stock, one-half inch in diameter. Stakes must be installed at a density of 2 to 3 stakes per square yard. Detailed specifications for installing lie stakes are found in the Erosion Control Manual. Response: The proposed stormwater outfall will require energy dissipation in the form of riprap pads. The precise size of the riprap pads will be determined duting the final public utility plan design stage. At this time, itis assumed that the riprap pads will be 10- foot x 10-foot for preliminary purposes. Pads will be planted with live stakes of native Pacific willows at a density of 2-3 stakes per square yard (See mitigation planting plan in Appendix 1). 53.430.190 Standards for Public Recreational Facilities ‘The following standards apply to public recreational trails and public viewing areas developed in conjunction with the recreational trail. Al! ofthe standards must be met. Modification of any of these standards requires approval through environmental review decribed in Sections 3.430.210 to 33430.280. A. The trail is located on public property or within a publi trail easement; B. The trail is no longer than 5,000 fet and no wider than 4 fet with a maximum vegetation clearance of 8 fat bigh and 2 feet om ether side of the trails If the tral orsses a waterbody it is constructed above the top of bank; Native trees more than 10 inches in diameter may nat be removed; and Ya public viewing area is proposed, the following must be met: moO Response: The proposed development does not include any Public Recreational Facilities. This subsection is therefore not applicable to the application. Sections 33.430,210 through 33.430.250 Environmental Review Response: Please see the Impact Evaluation and Environmental Review Application for Macadam Ridge report in Appendix I of this application narrative for responses to the applicable review standards for Environmental Review. The following response to Section 33.430.280, requesting modifications to certain development standards of the R10 zone, should also be considered in association with the Environmental Review request. In addition, the Impact Evaluation and Environmental Review Application and associated Mitigation Plan respond to the Zoning Violation that was issued on March 11, 2015 regarding the subject site. Macadam Ridge Land Division Application 455.430.280 Modifications Which Will Better Meet Environmental Review Requirements ‘The review body may consider madfcations for lot dimension standards or siterelated development standards as part of the environmental review process. These modifications are done as part of the entironmental review process and are not regtired to go through the adjustoent proces. Adinstments to use-rlated development standards (such as floorarea ratios, intensity of us, sigs ofthe use, number of units, or concentration of uses) are subject to the adjustment process of Chapter 33.805. In order to approve these modifications, the review body must find that the development will result in greater protection of the resources and functional ualues identified on the site and wil, on balance, be consistent sith the purpose ofthe applicable regulations. For modifeations to lat dimension standards, the review body must also find that the development will not signficanty detract from the Lnablity or appearance of the area. Response: This application only requests two modifications from required lot dimension standaeds: 1) the minimum 6,000-square foot lot size be reduced to 5,000 square feet; and 2) the ten-foot minimum side yard setback be reduced to five feet. “These two minor modifications are being requested in recognition of the substantial amount of protected natural resources within the development and the special care that has been taken to group all the lots in as close proximity as possible and right at the south and west boundary lines of the site. The subject site consists of 14.17 acres. Out of that entire acreage, approximately 68% or 9.62 acres of the site is remaining undisturbed to be preserved as open space. To accommodate such a large portion (which is the majority) of the subject property and still produce lots large enough to accommodate single-family dwellings consistent with the area, by necessity some of the proposed lots are requested to be less than the minimum 6,000 square feet in size. The modification is only a 1,000-square foot reduction and is more in keeping with the minimum dimensions of the number of nearby properties in the R5 zone. Note that the R5 zone has a minimum lot area requirement of 3,000 square feet. ‘The proposed preserved open space arca comprises the eastern portion of the site and the entire northern portion of the site, as well as the northeast leg and the northwest leg, ‘With the proposed layout and requested modifications, the entire northwestern portion of the site will eemain undisturbed as will the entire area within the environmental protection zone. Lots 3 through 8 have the outer western boundary line as their western lot line, noting that the western-most portion of those lots is not designated for houses. Rather, that area will remain undisturbed and houses will be built on the east portion of those lots. In this way, the development is utilizing the transition area on the west for lot development frst, and limiting the amount of development disturbance to the resource area pursuant to Section 33.430.160 and 33.430.250. The lots and the new street begin at the southern-most edge of the property, in the transition area, and are grouped together ata minimum 5,000-square foot lot size to avoid any disturbance of the environmental protection zone and the least amount of disturbance to the environmental conservation zone as possible. Again, this arrangement of having the new development within the transition area first i in keeping with the requirements of Sections 33.430.160 and 33.430.250. Lots 9 through 11 and Lot 23 have purposely been placed outside of the Macadam Ridge Land Division Application 46,transition area along the west so as to avoid any housing development in the environmental protection zone. “The proposed lot layout has been carefully designed to provide the least amount of impact to the environmental conservation zone, no impact to the environmental protection zone and still accommodate the residential development that is allowed by the underlying R10 base zone. In so doing, as stated above, some of the lots need to be reduced by 1,000 square feet in size. As part of this lot size reduction, then, which is necessary for the reasons stated above, it follows that, the only other modification, necessary to still accommodate housing in keeping with the surrounding existing houses, is the requested side yard setback modification from ten feet to five feet. At the requirement minimum lot width of 50 feet, complying with the required ten-foot side yard setback leaves 30 feet of width for the house and two-car garage. Deducting 20 feet for a two-car garage leaves ten feet of width for the main level of the house. Reducing the garage to a single-car garage would not be in keeping with the livability and appearance of the area; ather it would detract from the livability and appearance of the area. Likewise, building the 30-foot wide structure with 20 feet for a two-car garage and oly ten Feet for the width of the main level of the house would also seriously detract from the livability and appearance of the area. The development area and nearby surroundings are not high-density, narrow-lot, attached row house areas. Houses 30 feet, wide and less are generally found in higher-density zones. Single-car garages or no garages are generally found in higher-density zones as well. Therefore, since the area is not high density, does not have narrow houses, does not have row houses and generally does have wider houses and two-car garages, to be in keeping with the livability and appearance of the area, pursuant to Section 33.430.280, the proposed modification of a ten-foot side yard setback to a five-yard setback is necessary. Its also noted that the modification request is not necessary for the street side lot lines, nor are any modification requests necessary for the front yard setbacks as Section, 33.110.220.D allows these outright as exceptions to the required setbacks due to the property being within the environmental overlay zone. ‘The general purpose of the lot dimension regulations in the single-family district are as follows (from Code Section 33.610.200): A. Purpose. The lat dimension regulations ensure that: «© Each lot has enoxgh room fora reasonably-sized house and garage; + Lots are ofa size and shape that development on each lot can moet the development standards of the zoning code; + Lots are not so large that they seem to be able to be frtber divided to exceed the maxon allowed density of the stein the future; + Bach lot has room for at last a seal, private outdoor areas © Lots are compatible with existing lts; + Lots are wide enough to allow development to orient toward the streets Lots don't narrow to an unbuildable width close to the sree «© Bach lot bas adequate acess from the street; «Each lot bas acces for utilities and services; and Macadam Ridge Land Division Application 47© Lots are not landlocked. In the case of the lots subject to the requested reduced lot size and reduced side yard setback, these purposes would be satisfied because: + Each Jot would have at least a 40-foot by 50-foot potential buildable footprint area, ‘This buildable area would allow for at least a two-car garage and 1,400 square feet of first floor area. All lots would be able to be built upon with two-story homes, such that two-story homes of up to 2,800 to 3,000 square feet could easily be accommodated on the lots. The proposed lot sizes and dimensions for all lots would, therefore, provide enough room for a reasonably sized house and garages + Most of the proposed lots are roughly rectangular in size, or at least shaped so that they could accommodate construction of a roughly rectangular home footprint to be built consistent with the applicable development standards of the zone —or as requested to be modified through this application; + None of the lots subject to the reduced lot area are/would be large enough to be re- divided. Therefore, the maximum density of the area could not be exceeded in the future through lot re-divisions; ‘+ Each of the proposed lots will have an outdoor area of at least 250 square feet not covered by a garage or driveway. « Allof the proposed lots are intended for detached single-family residences; will provide area for open spaces on the lots; and will provide for off-street parking, While the proposed lots in Macadam Ridge will be smaller than the existing lots to the west, each of the proposed reduced size lots will accommodate typical single. family detached homes and associated landscaping, and parking, Therefore, the proposed lots should be able to be determined to be compatible with existing lots. patible does not mean “the same as”; th of the proposed reduced-size lots has a potential building envelope wide enough to orient homes toward the street as shown on the Preliminary Site Plan. None of the proposed lots narrow to an unbuildable width near streets; ‘+ Each of the proposed lots will have at least 30 feet of frontage on a public rightof- way and thus will not be landlocked; and «Each lot will be provided with adequate area for access and utilities as illustrated by the proposed plans. For modjfeations to lot dimension standards, the review body must also fd that the development will not significantly detract from the luabilty or appearance ofthe area ‘The requested reduced lot size and side yard setback for the lots within the proposed subdivision should not significantly detract from the livability or appearance of the arca because Macadam Ridge will be geographically separated from most of the homes to the ‘west due to the street pattern in the area. The homes within Macadam Ridge will face different streets than the existing homes on SW Ruby Terrace. The one existing home on SW Hume Street is on an over-sized lot and should not be considered the norm for the area. The two undeveloped lots to the west of that home on SW Hume Street are substantially narrower and smaller. When those undeveloped lots are built upon, those lots/homes may be more similar in character to the proposed development in M: adam Macadam Ridge Land Division Application 48Ridge than they will be to the wider lots and older homes on SW Ruby Terrace because of their narrower widths and later construction date. Because all of the proposed lots within Macadam Ridge will be built upon with detached single-family homes, adequate yard areas, and Code compliant off-street parking facilities, the proposed development oon these lots should not result in significant conflicts with the existing development to the west that would detract from the livability of the area. D. COMPLIANCE WITH SECTION 33.480 SCENIC RESOURCE ZONE ‘The right-of-way for SW Taylors Ferry Road adjacent to the site is covered by the “s” Scenic Resources overlay zone. There is no portion of the site itself which is covered by the “s” Scenic Resources overlay zone. The SW Taylors Ferry Road right-of-way is included as part of Scenic Corridor 16 SW Macadam/SW Terwiliger on the Scenic Corridors Map in the Scenic Resources Protection Plan. 33.480.030 Application The Scrnc Resource gone isto be appied to all significant scenic resourees identified in the Scenic Resources Protection Plan. Any changes to land or development, inclding right-of ary, within the Scenic Resource gone are subject tothe regulations ofthis chapter. 3.480.040 Development Standards The development standards of the Scenic Resource zone apply based on the mapping designations shown in the Scenic Resources Protection Plan. The standards for each subsection below apply only to areas with ‘that designation in the Plan. The resource is defined as the width af the right-of-way or top of bank: to Lop of bank: for scenic corridors. Setbacks are measured from the oxter boundary of the right of way unless speafed otherwise in the ESEE. Anais and as shown on the Official Zoning Maps. In some cases, more than one development standard apples. For example, within a scenic corridor, a view corridor standard will apply where a specific view has been identified for protection, A. View Corridors, All development and vegetation with a view corridor designation in the Scenic Resources Protection Plan are subject to the regulations of this Subsection. B, Scenic Corridors. AU development and vegetation with a scenic comidor designation in the Scenic Resources Protection Plan are subject tothe regulations ofthis Subsection. 1. Purpose, The scenic corridor designation is intended fo preserve and enbance the scenic character along corridors, and where possible scenic vistas from corridors. This is accomplished by limiting the length of buildings, preserving existing tres, providing additional landscaping, preventing evelopment in sie setbacks, serening mechanical equipment, and restricting sige. 2 Standards. a. Limiting blank facades, Long, blank facades create uninteresting elements along. a seni corridor. This standard applies to all portions of buildings within 100 feet of the designated resource. Residential strucures are exempt from this standard. Blank, facades must be mitigated for in at least one of the following ways: (1) Tbe maccimuos length of any building facade is 100 fet. (2) Two rows of trees, one deciduous and one evergreen, must be planted on 30-fot centers along the length of the building between the strucure and the protected resource. 2) Pacades facing the scenic corridor must have a meininnam of 40 percent of surface area in glass. Mirrored glass with a reflectance greater than 20 percent is probibited. Macadam Ridge Land Division Application 49Response: The rear yards of proposed lots 1 and 2 face (but will not take access from) SW Taylors Ferry Road. These lots are intended for development of detached single-family homes. Since residential structures are exempt from the blank fagade standards and since the proposed development is for residential structures, this section is not applicable. +b. Street setbacks. The entire required street sethack must be landseqped to at least the LA Level unless the more stringent standards below or in other chapters ofthis Title apply. Up to 25 percent of the entire area of the street setback may be used for vebicle and pedestrian areas except that each lt is allowed atleast a 9,fot wide driveway or parking area and a foot wide pedestrian area. For shared driveways sering more than one unit, the base zone standards apply, and landscaping at the L1 standard must be provided adjacent to the identified resource, Where the base zone does not require a street setback, a setback of 20 fet is established by the Scenic Resource zone on street lot lines that abut the Scenic Corridor identified in the Scenic Resources Protection Plan. The required landscaping in the setback must be provided atthe time of development, expt as allowed in B.2.0(1) below. Response: ‘The subject property is in the R10 zone. The R10 zone does not have a street setback, therefore, 2 20-foot setback is established as noted above by vietue of being within the Scenic Resource zone. ‘The reat yards of proposed lots 1 and 2, then, will be landscaped to an L1 general landscaping, or better, standard throughout the 20-Foot width adjacent to SW Taylors Ferry Road. (1) Exception for sites it an existing nonconforming use, allowed nse, limited use, or canditional use The folowing regulations apply to sites with an existing nonconforming use, an allowed use, a limited use, or a conditional use. When alterations are made to ste that doesnot meet the landscaping standards of B.2., above, and the alterations are over the threshold of B.2.b(2) below, the sie must be brovaht into conformance with the development standards of this B.2.b, above. The waive of the alterations is based om the entire projet, not individual building permits The ent of the upgrades required by this chapter may be counted toward the cost of upgrades required by Subsection 33.258.070.1. However, the upgrades required by ‘is chapter must be completed first Response: Not applicable. (2) Thresholds triggering compliance. The standards of B.2.b, above, must be met when the value of the proposed alterations on the site, as determined by BDS, is more than $153,450. Alterations and improvements stated in 33.258.070.D. 2.a do not count toward the thresholds, (9) Area of required inprovements. Esccept as provided in 33.258.070.D.2.(2), Exception for Sites With Ground Leases, required improvements must be made tothe entire site (4) Timing and cost of required improvements, The ting and cost ofthe required improvements is specified in 33.258,070.D.2.d. However, where 33.258.070.D.2.d ‘refers to the standards listed in 33.258.070.D.2.b, the standards of B.2.b, above, are also included. Macadam Ridge Land Division Application 50Response: ‘The value of the proposed improvements on proposed lots 1 and 2-will exceed the monetary standaed of subsection b, although it is not clear how any of these sections apply since the proposed development does not have any non-conforming situations. Therefore, the standards of Section 33.258 are not applicable. Side building sethacks, Buildings, garages, and covered accessory structures are not allowed within the side building setbacks within the first 100 feet from the designated resource. No ‘ore than 80 percent ofthe length of any ste can be occupied by structures, excluding fences, as measured parallel the scenic coridor. This standard applies to an entire attached housing project ratber than to individual units. Response: The rear yards of lots 1 and 2.will face the scenic corridor, not the side yards. Because the entire site includes over 250 feet facing the scenic resource corridor and less than 100 feet of building face is anticipated to face the corridor (Lot 1 has a proposed 56 feet of buildable width and Lot 2 has 42 feet of buildable width), less than 40 percent of the length of the site facing the scenic corridor will be occupied by structures. 4. Screening, All garbage cans, garbage collection areas, and mechanical equipment (including heat pumps, air conditioners, emergency generators, and mater pungps) must be sreened from views or not sisble from the designated scenic corridor. Small roftap mechanical equipment, including vents, need not be serened ifthe total area of such equipment does not cccceed 10 square fect per structure. Response: ‘This standard will need to be applied through the review of individual building permits for homes-on lots 1 and 2. The applicant is willing to accept a condition of approval that would implement this standard at the time of building permit approval. e, Fences and hedges. The total maximum height of fences, hedges, and berms sithin the stret setback, or first 20 feet from the designated resource if there is no street setback, is 3 1/2 fee. This provision does not apply to any required screening and buffering. Response: ‘This standard will need to be applied through the review of individual building permits for homes on lots 1 and 2. The applicant is ‘willing to accept a condition of approval which would implement this standard at the time of building permit approval. L Signs. The sgn standards are stated in Title 32, Signs and Related Regulation. Response: No signs are proposed at all for this development. & Presernation of trees. This prosision does not apply i the property is regulated by state statuies for forest management practices, All trees 6 or more inches in diameter that are within the street setback (or first 20 fee if no setback. exists) must be retained unless remoual conforms to one or more of te folowing standards: (1) The tree is located within the footprint or within 10 feet of existing or proposed ‘buildings and structures attached to buildings, such as decks, stairs, and carports, or within 10 fet of a proposed driveways Macadam Ridge Land Division Application st(2) The tre is determined by an arborist tobe dead, dying or dangerous; (3) The tre is on the Nvisance Plants List; (A) The tree must be removed die to installation, pai, or maintenance of wate, sever, or stormwater serics. For new installation of services, tee removal allowed under this prosision is limited toa single 10 foot wide utility corridor om each sites (9) The tree is within a proposed roadway or Ciy-reguired construction easement, including areas devoted to carbs, parking sts or sidewalks, or vebile areas; (6) The tre is within 20 feet of a Radio Frequency Transmission Facility antenna that is a public safety facility, The distance to the antenna is measured vertically and borizontally from the edge ofthe antenna, See Pigure 480-13 or (7) The ire is at least 6 and up to 12 inches in diameter and does not meet any of the other standards ofthis subparagraph, but is replaced within the front setback (or first 20 fet if no sethack bas been established) by trees and shrubs sted in the Scenic Resources Protection Plan according to Table 480-1. Replacement plantings must meet Section 33.248.030, Plant Materials. Response: Existing trees close to SW Taylors Ferry Road will be have to be removed to construct City-required street frontage improvements. Street trees will be planted within a planter strip between the street and sidewalk as mitigation for removal of these trees, as illustrated on Sheet 9, Sheet 10 and Sheet 11. Hxisting trees within the existing right-of-way for SW Front Street, as well as the proposed public street extension of SW Front Strect, will also have to be removed to accomplish construction of the required public street improvements. Street tree plantings and mitigation plantings in Tract A and B will mitigate for the loss of those trecs. In addition, trees ‘within ten feet of the proposed homes and their decks or patios will be removed on proposed lots 1 and 2. h Tree removal without deelopment. When no development is proposed, tree removal allowed ‘by the standards of Suparagraph 2.9(1) through (6) above is subject to the tree permit requirements of Title 11, Trees. In addition to these provisions, property owners and others are encouraged to make every effort to locate buildings, easements, parking strips, sidewales and veicle areas to preserve the maximum number of trees. Response: ‘Tree removal is proposed with a proposal for development of the site ‘Therefore, this subsection is not applicable. 3.480.050 Tree Removal Review Tress that do not qualify for removal under Subparagraph 33.480.040.B.2.g, above, may be removed if proved through tree review as provided in Chapter 33.853, Tree Review. However, where the tre removal would require environmental review, only environmental review is required. Response: Because the area within the scenic corridor setback on the site is zoned with the Ec overlay district and the proposed development is subject to Environmental Review, the Tree Removal Review standards of Section 33.480.050 are not applicable. A full environmental review is contained with Appendix I of this application. Macadam Ridge Land Division Application 523.480.060 Relationship to Environmental Zones When an ensironmental gone has been applied atthe location of a designated scenic resource, the environmental reew must include consideration of the scenic qualities of the resource as identified in the ESEE Anabsis for Scenic Resources. The development standards ofthis Chapter must be considered «as part of that review. Response: The Environmental zones have not been applied to the SW ‘Taylors Ferry Road right-of-way adjacent to the site which contains the “s” Scenic Resource overlay zone. Therefore, Section 33.480.060 is not applicable. VI. CONCLUSION ‘This application narrative, the enclosed appendix reports, and the enclosed plans demonstrate that the applicants, property owners and developers have met the burden of proof that the proposed 23- lot Macadam Ridge development complies with the applicable criteria of the City of Portland Zoning Code for Type III Land Division approval and Environmental Review approval. The applicants, property owners and developers respectfully request approval of this application. Macadam Ridge Land Division Application 53