blackbird farms - planned unit development scm main street
TRANSCRIPT
Blackbird Farms - Planned Unit Development
SCM Main Street - Modification of a Decision
Beaverton, Oregon
Request for Approvals:
▪ Comprehensive Plan Amendment
▪ Conditional Use – Planned Unit Development
▪ Conditional Use – Park in a Residential Zone
▪ Design Review 3– Lot 1
▪ Design Review 3– Park
▪ Design Review 1– The Ridge Phase 2
▪ Land Division - Preliminary Subdivision Partition
▪ Modification of Design Review and Land Division – SCM Main Street
▪ Parking Quantity Determination – Park
▪ Tree Plan 1 & 2
▪ Zoning Map Amendment
Prepared for:
Wishcamper Development Partners
131 South Higgins Avenue, Ste P-1
Missoula, MT 59802
May 5, 2021
Prepared By:
Otak, Inc.
808 SW Third Avenue, Suite 800
Portland, OR 97204
Project No. 19615.400
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SITE INFORMATION
SUBJECT
PROPERTY:
Blackbird Farms: 18043 SW Scholls Ferry Road (3 tax lots)
SCM Main Street: 17828 SW Scholls Ferry Road (1 tax lot)
SITE AREA: Blackbird Farms: 32.4 acres
SCM Main Street (affected area): ~0.47 acres
COMPREHENSIVE PLAN
DESIGNATION:
Current: High Density Residential
Proposed: High Density Residential and Community Commercial
ZONING DESIGNATION:
Current: Washington County Interim Zoning (AF-20)
Proposed: City of Beaverton R1 and Corridor Commercial CC
APPLICANT/PROPERTY OWNER
APPLICANT:
Wishcamper Development Partners
131 South Higgins Avenue, Ste P-1
Missoula, MT 59802
Contact: Justin Metcalf
406.550.1244
OWNER (BLACKBIRD
FARMS):
Blackbird Land Holdings LLC
PO Box 5123
Missoula, MT 59802
Contact: Justin Metcalf
406.550.1244
OWNER (SCM MAIN
STREET):
Kinton Land & Bison LLC
18485 SW Scholls Ferry Rd.
Beaverton, Oregon 97007
OWNER (THE RIDGE):
Beaverton Cooper Mountain LLC
8630 SW Scholls Ferry Rd Suite 188
Beaverton, OR 97008
PROJECT DEVELOPMENT TEAM
APPLICANT’S
REPRESENTATIVE:
Otak, Inc.
808 SW Third Avenue, Suite 800
Portland, OR 97204
Contact: Li Alligood, AICP, LEED AP
Senior Planner
503.415.2384
ARCHITECT: Contact: Ben Bortolazzo, Int’l AIA
503.415.2307
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CIVIL ENGINEER: Contact: Kyle Childers, PE
503.415.2408
LANDSCAPE ARCHITECT: Steve Dixon, PLA / Gabriel Kruse, PLA
503.415.2371
WATER & NATURAL
RESOURCES:
Contact: Tammi Connolly, PE
503.415.2373
SURVEYOR:
Contact: Mike Spelts, PLS
425.420.5464
ARBORIST: Portland Tree
PO Box 19042
Portland, OR 97280
Contact: Ryan Neumann, Arborist
503.421.3883
GEOTECHNICAL
ENGINEER:
Redmond Geotechnical Services
PO Box 20547
Portland, OR 97294
Contact: Daniel Redmond, PE, GE
503.286.7176
TRAFFIC ENGINEER: Global Transportation Engineering
227 SW Pine St, Suite 220
Portland, OR 97204
Contact: Dana Beckwith, PE, PTOE
503.488.5736
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TABLE OF CONTENTS Page
I. Requests ......................................................................................................................................... 1
II. Project Description ....................................................................................................................... 2
III. Compliance with City of Beaverton Comprehensive Plan .......................................................... 4 A. Chapter 1 Amendment Procedures Element .................................................................................................4 B. Chapter 3 Land Use ......................................................................................................................................9 C. Chapter 4 Housing ...................................................................................................................................... 16 D. Chapter 5 Public Facilities and Services Element ...................................................................................... 18 E. Chapter 6 Transportation Element ............................................................................................................. 18 F. Chapter 7 Natural, Cultural, Historic, Scenic, Energy & Groundwater Resources Element ...................... 23
IV. Compliance with South Cooper Mountain Community Plan ..................................................... 27 A. Land Use .................................................................................................................................................... 27 B. Neighborhoods and Housing ...................................................................................................................... 29 C. Transportation ............................................................................................................................................. 34 D. Significant Natural Resources & Open Space Edges ................................................................................ 38 E. Urban Forestry Management ...................................................................................................................... 38 F. Scenic Views .............................................................................................................................................. 39 G. Infrastructure Provision ............................................................................................................................... 40
V. Compliance with Beaverton Development Code Title 20 ......................................................... 40 A. 20.05. Residential Land Use Districts ........................................................................................................ 40 B. 20.10. Commercial Land Use Districts ....................................................................................................... 41 C. 20.25 Density Calculations ......................................................................................................................... 42
VI. Compliance with Beaverton Development Code Title 40 .......................................................... 43 A. 40.03. Facilities Review Committee ........................................................................................................... 43 B. 40.15. Conditional Use ............................................................................................................................... 50 C. 40.20. Design Review ................................................................................................................................. 55 D. 40.45. Land Division and Reconfiguration .................................................................................................. 60 E. 40.55 Parking Determination ...................................................................................................................... 63 F. 40.90. Tree Plan ......................................................................................................................................... 64 G. 40.97. Zoning Map Amendment ................................................................................................................. 67
VII. Compliance with Beaverton Development Code Title 50 ......................................................... 69 A. 50.25 Application Completeness ................................................................................................................ 69 B. 50.30. Neighborhood Review Meeting ....................................................................................................... 71 C. 50.95 Modification of a Decision ................................................................................................................. 73
VIII. Compliance with Beaverton Development Code Title 60 ................................................... 75 A. 60.05. Design Review Principles, Standards, and Guidelines ................................................................... 76 B. 60.15. Land Division Standards .................................................................................................................. 96 C. 60.30. Off-Street Parking ............................................................................................................................ 98 D. 60.33. Park and Recreational Facilities .................................................................................................... 101 E. 60.35. Planned Unit Development ............................................................................................................ 101 F. 60.55. Transportation Facilities ................................................................................................................ 109 G. 60.60. Trees and Vegetation .................................................................................................................... 118 H. 60.65. Utility Undergrounding ................................................................................................................... 121 I. 60.67. Significant Natural Resources. ...................................................................................................... 121
IX. Conclusion ................................................................................................................................. 122
Appendices Appendix A – Universal Design Booklet dated February 2020, by Urbsworks
Appendix B – Preliminary Stormwater Report dated February 8, 2021, by Otak, Inc.
Appendix C – Blackbird Farms Clean Water Services Service Provider Letter dated February 9, 2021; SCM
Main Street Clean Water Services SPL Modification dated January 25, 2021
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Appendix D – Transportation Impact Study dated April 12, 2021 by Global Transportation Engineering
Appendix E – TVFR Service Provider Letter dated December 2, 2020
Appendix F – Tree Plan dated September 1, 2020, by Portland Tree Consulting
Appendix G – Geotechnical Report dated April 15, 2020, by Redmond Geotechnical Services; and
Supplemental Memo dated December 21, 2020
Appendix H – Beaverton School District School Service Provider dated September 24, 2020
Appendix I – DSL Wetland Delineation Concurrence dated January 27, 2021
Appendix J – Neighborhood meeting documentation
Appendix K– Pre-application conference notes dated June 24, 2020, and January 6, 2021, by City of
Beaverton staff
Appendix L – Tree Plan 1 data prepared by Otak, Inc.
Appendix M – Tree Plan 2 data prepared by Otak, Inc.
Appendix N – Draft PGE Easement Quitclaim Deed
Appendix O – Architectural Materials Board
Appendix P – Washington County LUT Approval of Proposed Scholls Ferry Maintenance Access, e-mail from
Naomi Vogel dated February 2, 2021
Appendix Q – Street C Grading Exhibit prepared by Otak, Inc.
Exhibits Architectural Plans
Illumination Plans
Civil Plans
Grading Plans
Landscape Plans
Trail/Path Plans
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I. Requests
Multiple land use approval are requested to establish the Blackbird Farms PUD, create lots for future
development, approve proposed development for Lot 1 and Tract B of Blackbird Farms, and modify the SCM
Main Street PUD to the east of the site.
Blackbird Farms PUD
Comprehensive Plan Amendment approval is requested to apply the City of Beaverton’s Community
Commercial CC land use designation to proposed Parcel 6. The current land use designation is HDR.
Conditional Use - Planned Unit Development approval is requested for the proposed development. The site is
larger than 10 acres in area and is located in the South Cooper Mountain Community Area, and Planned Unit
Development (PUD) review is required.
Land Division – Preliminary Subdivision approval is requested to create 6 lots for ease of financing and
phasing. The land division will create more than 4 lots in one calendar year and subdivision approval is required.
Tree Plan approval is requested for removal of trees within the SNRA and for disturbance of root protection
zones.
Zoning Map Amendment approval is requested to apply the City of Beaverton’s Urban High Density Residential
District R1 zone to Parcels 1-5 and the Corridor Commercial CC zone to Parcel 6. The site currently retains
Washington County’s AF-20 zoning district but has been annexed to the City of Beaverton.
Lot 1/Tract B
Conditional Use approval is requested for proposed Tract B/Park A. Parks are conditional uses in the R1 zone.
Design Review 3 approval is requested for the 3 residential buildings proposed for Lot 1 and Tract B/Park A.
The development addresses a combination of Design Standards and Design Guidelines and Design Review 3 is
required. Public Parks in residential zones are also subject to Design Review 3.
Parking Quantity Determination approval is requested to determine the number of required parking spaces for
proposed Park A. “Park” uses are not listed in the minimum parking requirements table.
SCM Main Street
Modification of a Decision for a Design Review and Preliminary Partition approval is requested for SCM Main
Street PUD to the east to modify the conditions of approval of the SCM Main Street Design Review (DR2020-
0067) and Land Division (LD2020-0007) to convert private Street A to a public street, revise the southern
termination of Street A from an emergency access to a cul-de-sac, and replace the southern emergency access
connection with a pedestrian connection and a public stormwater facility. See Sheet C0.00 for the area of
modification.
The Ridge at South Cooper Mountain
Design Review Compliance Letter approval is requested for DR2019-0185 to modify the approved site grading
and remove trees along the eastern property line for construction of proposed Street C (Street A as approved
through The Ridge design review).
Mountainside High School
Removal of nuisance trees along the eastern property line shared with the Mountainside High School is required
to connect to the existing multi-use trail on the school property, and to construct retaining walls to support the
Blackbird Farms site.
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II. Project Description
The site is within the South Cooper Mountain planning area north of Scholls Ferry Road, east of The Ridge PUD,
west of the Main Street PUD, and south of the Scholls Valley Heights at South Cooper Mountain PUD. Street A of
the approved Main Street PUD forms the eastern boundary of the site; SW Scholls Ferry Road forms the southern
boundary of the site; and proposed Street C and The Ridge multifamily site form the western boundary of the site.
The northern portion of the site contains mapped wetlands. The site consists of 3 tax lots totaling 32.42 acres.
The subject site is currently located within the Beaverton City Limits and is in residential and agricultural use.
This application includes a request for approval of the Blackbird Farms PUD, Design Review approval for Parcel 1
and Park A of the Blackbird Farms PUD. Street A on the western boundary of the Main Street PUD will connect to
Mountainside Way to the north as part of the Blackbird Farms PUD, which provides additional emergency access
and adds additional area to the northwest corner of Lot 2 of the Main Street PUD.
In order to implement the desired site design and street circulation, this application also includes a modification to
the SCM Main Street PUD Design Review and Land Division applications (Casefiles DR2020-0067 and LD2020-
0007) to convert Street A from a private street to a public street; revise the southern end of Street A from an
emergency access to Scholls Ferry Road to a cul-de-sac, and establish a public stormwater pond at the southern
end of Street A to treat runoff from the Street A public right-of-way. See Sheet C0.00 for the area of the Main
Street PUD to be included in this application.
Ultimately, the developer, Wishcamper Development Partners, intends to develop Blackbird Farms and SCM
Main Street as one project as they will have ownership of both sites.
Universal Design
The design team has incorporated the principles of Universal Design wherever possible in the site design. The
principles of Universal Design result in environments that are accessible for people of all ages and abilities. The
scales of Universal Design include the neighborhood; connections (streets, trails, and paths); and buildings. See
Appendix A for Wishcamper’s Universal Design booklet.
Proposed Development
The Blackbird Farms development includes 6 lots: proposed Lot 1 includes Buildings 1A, 1B, and 1C, which
contain a total of 145 multi-family dwelling units, and Park B. The units are affordable to households earning
between 30 and 60 percent of area median income (AMI). Development of Lot 1 is proposed with this application.
Design Review is requested for Lot 1.
Park A is proposed west of Lot 1/Building 1A within Tract B. This park will provide access to the trail network to
the north. Design Review and Conditional Use approval requested for this park. See Sheet C1.04 for the park
location and Sheet L2.04 for the proposed park design.
Lots 2 to 5 and associated buildings are expected to be developed by others with approximately 228 multifamily
residential units in the future; Lot 6 is expected to be developed by others with a use permitted within the
proposed Corridor Commercial zone and could accommodate up to 76 dwelling units, approximately 20,000 sq. ft.
of multi-story non-residential development, or a mix of uses. See Sheet C1.07. The conceptual site plan for the
overall proposed development is included as Sheet C1.10; the conceptual site plan for the proposed development
of Lot 1 and Tract B is included as Sheet C3.00, C3.01, C3.02, and C3.03. The Preliminary Plat is included as
Sheets C1.20, C1.21, and C1.22.
Internal connectivity is provided by a network of public and private streets. Mountainside Way will continue to the
west, connecting the street between The Ridge PUD to the west and the Main Street PUD to the east. A private
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Main Street continues to the west to connect to proposed Street C; Streets A and B provide north/south
connections through the site and circulation north of Mountainside Way.
Open Space
The site includes approximately 13.7 acres of open space comprised of active and passive open space,
accessible both physically and visually to the development and community. Active open space includes an interior
amenity area on Lot 1, adjacent to Building 1B; open space areas on Lots 2-6; a robust network of multiuse trails
extending to the north, west, and east; and an open space within Tract A that is accessed by the trail network.
See Sheet C1.04 Active Open Space, Sheet C1.06 Pedestrian Circulation, and Sheets L2.04 and L2.05 for more
details.
Natural Resources
Tract A contains 4.91 ac of wetlands and a 1.99-acre pond in the northern portion of the site, within a 12.9 acre
resource area. See Sheet C1.04 for the location of these resources. These wetlands have been delineated and
are expected to be protected by a conservation easement. The Department of State Lands issued a concurrence
letter on January 27, 2021. See Appendix I for the wetland delineation and concurrence letter.
Water/Sewer/Stormwater
Public water supply for the site will be provided by the City of Beaverton. Water lines will be constructed within the
proposed rights-of-way within the development and will connect to the existing 24-inch main line located in
Mountainside Way.
Sanitary sewer service will be provided by the City of Beaverton via the CWS pump station and force main in
River Terrace. Sanitary sewer lines will be constructed within the proposed rights-of-way within the development
and will connect to the main line in Scholls Ferry Road.
Storm drainage collection and treatment for this area is the responsibility of City of Beaverton. The proposed
stormwater management approach includes the Blackbird Farms PUD as well as a portion of Street A within the
SCM Main Street PUD site boundaries, which requires a Modification of a Decision for the Main Street PUD. A
Preliminary Stormwater Management Plan for the project is included as Appendix B. This Preliminary Stormwater
Management Plan outlines compliance with the Clean Water Services’ (CWS) 2019 Design & Construction
Standards. Conceptual utility plans are included as Sheets C4.00, C4.01, C4.02, C4.03, C4.10, C4.11, and C4.12.
See Appendix C for a Service Provider Letter from CWS.
Traffic/Access
Access to the site is via Mountainside Way, a public collector street, and Main Street, a private local street, to the
east and west, and via Street C, a public local street, from the south. Private Street A within the Main Street PUD
will extend to the north to connect to Mountainside Way and will become a public street with the submitted
modification. Additional internal site circulation is provided by public local Streets A, B, and C and Main Street. A
Traffic Impact Analysis (TIA) completed by GTE is included as Appendix D. The intersection of Mountainside Way
and Scholls Ferry Road is currently signalized. No additional signal warrants have been identified.
Fire Protection
Fire protection will be provided to the site by Tualatin Valley Fire and Rescue Department (TVF&R). Emergency
access to the site will be provided by SW Mountainside Way, main Street, and Street C. Street A was approved
as an emergency fire access with the Main Street PUD; this application modifies Street A to end in a cul-de-sac
as access will no longer be needed in this location. See Appendix E for a Service Provider Letter from TVF&R.
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Trees
There are 486 existing trees on site; 40 trees are proposed for removal. Of these, 7 trees are proposed for
removal within the SNRA and a Tree Plan 2 is required. Of the remaining 34 trees proposed for removal, 23 trees
are invasive species and/or in poor health. See Appendix F for a Tree Plan.
III. Compliance with City of Beaverton Comprehensive Plan
Response: Staff’s June 24, 2020 pre-application conference notes and subsequent communication with staff
identified the following Comprehensive Policies as applicable to this application. Most of these policies are
implemented by the Beaverton Community Development Code and are further addressed in those sections.
A. Chapter 1 Amendment Procedures Element
1.1 AMENDMENT INITIATION
Amendments to the Comprehensive Plan may be initiated by City Council, the Planning Commission, the
Mayor, the Community Development Director, or the Engineering Director at any time. Landowners may
also initiate an amendment to the Land Use Map pertaining only to their property at any time.
Response: The applicant, in partnership with the landowners, have initiated the amendment to the
Comprehensive Plan Map.
[…]
1.1.2 Property Owner-initiated Amendments
Amendment requests shall be submitted to the Community Development Director for preparation and
analysis for a Planning Commission public hearing. The Planning Commission and City Council reserve
the right to approve, approve with conditions, or deny any specific request for amendment in accordance
with the City’s policies and procedures.
Response: The amendment request has been submitted to the Community Development Department for
preparation and analysis for a public hearing before the Planning Commission.
1.3 AMENDMENT PROCEDURAL CATEGORIES
Comprehensive Plan Amendments fall into four general categories: Legislative, Quasi-Judicial, Non-
Discretionary, and Statewide Planning Goal 5 Inventory Document Amendments.
[…].
Quasi-Judicial Amendments are amendments to a Land Use Map designation as it applies to specific
parcels or that applies to a small number of individuals or properties or locations.
Response: The requested amendment would apply to one specific parcel (Lot 6) and as such is a quasi-
judicial amendment.
1.4.2 QUASI-JUDICIAL AMENDMENTS
A. Notice of the initial hearing shall be provided as follows:
[…].
Notice required by Oregon Revised Statutes (ORS 227.186, also known as Ballot Measure 56) shall
be provided, when applicable. ORS 227.186(6) specifies notice requirements for city-initiated
amendments related to Periodic Review. Hearing notices required by numbers 3 through 6 of this
subsection shall be given not less than twenty (20) and not more than forty (40) calendar days prior to
the date of the initial hearing.
B. Notice required in subsection 1.4.2.A.4. and 5. shall:
[…].
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Response: The City is responsible for providing notice of the initial Planning Commission hearing to the
agencies and property owners listed in this section. Notice will be provided as stated.
1.5 CRITERIA FOR AMENDING THE COMPREHENSIVE PLAN
The adoption by the City Council of any amendment to the Plan shall be supported by findings of fact,
based on the record, that demonstrate the criteria of this Section have been met. The City Council and
Planning Commission may incorporate by reference facts, findings, reasons, and conclusions proposed
by the City staff or others into their decision.
1.5.1 Criteria for Legislative and Quasi-judicial Comprehensive Plan Amendments
A. The following criteria apply to all legislative Comprehensive Plan amendments and non-annexation-
related quasi-judicial Comprehensive Plan Amendments.
1. The proposed amendment is consistent and compatible with relevant Statewide Planning Goals
and related Oregon Administrative Rules;
Response: In discussion with City staff, the development team determined that the most appropriate
land use designation for Lot 6 was Community Commercial. The proposed Comprehensive Plan map
amendment would apply the Community Commercial land use designation to Lot 6, which is currently
designated High Density Neighborhood.
Applicable Statewide Planning Goals include Statewide Planning Goals (SWPGs) 10: Housing; 11:
Public Facilities and Services; and 12: Transportation. Applicable Oregon Administrative Rules
(OARs) include 660-007 Metropolitan Housing and 660-012 Transportation Planning. Consistency
and compatibility with each applicable SWPG and OAR is addressed below.
Goal 10: Housing
To provide for the housing needs of citizens of the state.
Buildable lands for residential use shall be inventoried and plans shall encourage the availability
of adequate numbers of needed housing units at price ranges and rent levels which are
commensurate with the financial capabilities of Oregon households and allow for flexibility of
housing location, type and density. […]
Response: The proposed amendment would revise the land use designation of Lot 6 from High
Density Neighborhood to Community Commercial. The High Density Neighborhood designation is
implemented by the R1, Residential Urban High Density District, which permits a range of
housing types including attached, detached, and accessory dwelling units. Planned Unit
Developments, which allow flexibility in the types of uses permitted within the zone, are permitted
as Conditional Uses.
The Community Commercial land use designation is implemented through the CC, Corridor
Commercial and CS, Community Service zones.1 The CC, Corridor Commercial zoning
designation has been requested for Lot 6. The CC zone permits attached housing, as well as a
range of neighborhood-serving commercial uses.
The minimum lot size in the R1 zone is 1,000 sq. ft., and the minimum lot size for attached
residential uses in the CC zone is also 1,000 sq. ft. Lot 6 is 1.74 acres in area and could
1 The Community Commercial land use designation is also implemented by the C-WS, Washington Square Regional Center -
Commercial District, but this site is not located within the Washington Square Regional Center and that zoning designation is
not available.
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accommodate between 60 and 75 dwelling units in either the R1 or CC zone as calculated per
BDC 20.25.05.
In addition, the South Cooper Mountain Community Plan housing allocations assumed that the
NS zone to the east of the subject would be developed with 0 dwelling units; the approved
development plan for the site includes 164 dwelling units in addition to non-residential uses.
Because the requested Corridor Commercial land use designation and CC zone allow the same
residential densities, and the entitled residential units in the NS zone of the South Cooper
Mountain Community Plan Area exceed the number of residential units that could be
accommodated on Lot 6, the proposed land use designation will not reduce the area’s capacity
for needed housing.
Goal 12: Transportation
To provide and encourage a safe, convenient and economic transportation system.
[…]
Response: The City’s Transportation System Plan, as amended by the South Cooper Mountain
Community Plan, comply with the Transportation Planning Rule (TPR), which implements Goal
12. Findings of compliance with both plans are provided in Section IV below. Therefore, the
requested amendment complies with this goal.
Chapter 660: Division 007 Metropolitan Housing
[…]
OAR 660-007-0030
New Construction Mix
(1) Jurisdictions other than small developed cities must either designate sufficient buildable land
to provide the opportunity for at least 50 percent of new residential units to be attached single
family housing or multiple family housing or justify an alternative percentage based on
changing circumstances. […]
Response: The requested amendment would apply the Community Commercial designation to
the subject site. The requested CC zone permits attached dwelling units. As of November 2020,
2,990 dwelling units have received entitlements within the South Cooper Mountain Community
Plan Area. Of those units, 52 percent are attached or multifamily units. An additional
approximately 366 attached dwelling units are proposed with this application. As noted above, Lot
6 has capacity for 60 to 75 dwelling units.
Given the number of attached units currently entitled, the additional units proposed by this
application, the relatively small number of dwelling units that can be accommodated on Lot 6, and
the fact that the CC zone allows attached dwellings, applying the Community Commercial land
use designation and CC zone to Lot 6 will not reduce the ability of the South Cooper Mountain
Community Plan area to provide at least 50 percent of new residential units as attached units.
Therefore, the requested amendment complies with this provision.
[…]
OAR 660-007-0060
Applicability
[…]
(2) For plan and land use regulation amendments which are subject to OAR 660, Division 18, the
local jurisdiction shall either:
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(a) Demonstrate through findings that the mix and density standards in this Division are met
by the amendment; or
(b) Make a commitment through the findings associated with the amendment that the
jurisdiction will comply with provisions of this Division for mix or density through
subsequent plan amendments.
Response: OAR 660, Division 18 addresses post-acknowledgement amendments, and applies
to this request. The South Cooper Mountain Community Plan designated land uses for the areas
within the South Cooper Mountain Community Plan Area. The land uses include a mix of housing
types, uses, and density standards that are applied at the time of development.
As noted in Table 2 of the South Cooper Mountain Community Plan, the Plan Area was estimated
to accommodate between 2,900 and 3,530 dwelling units. As noted above, 2,990 dwelling units
have been entitled, including 164 units within the NS/Main Street site, and an additional 366
dwelling units are proposed with this land use application. Table 2 assumed that no housing
would be provided on the NS/Main Street site, so the plan area is on track to exceed the
estimated capacity of the plan area. The proposed Community Commercial land use designation
does not reduce the residential capacity of the area, but it increases the opportunity for supportive
commercial services within the plan area.
Chapter 660: Division 012 Transportation Planning
660-012-0060 Plan and Land Use Regulation Amendments
(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land use
regulation (including a zoning map) would significantly affect an existing or planned
transportation facility, then the local government must put in place measures as provided in
section (2) of this rule, unless the amendment is allowed under section (3), (9) or (10) of this
rule. A plan or land use regulation amendment significantly affects a transportation facility if it
would:
(a) Change the functional classification of an existing or planned transportation facility
(exclusive of correction of map errors in an adopted plan);
Response: Lot 6 was identified as commercial location due to its frontage on Scholls Ferry
Road, a major arterial. The capacity analysis for the 2040 horizon year showed that no
additional lanes are required on any study roadway to serve the anticipated volumes. As
such, no right-of-way changes are anticipated that would change the functional classification
of any existing or planned transportation facilities.
(b) Change standards implementing a functional classification system; or
Response: The requested Comprehensive Plan map and zoning map amendment does not
propose to change any standards regarding the implementation of functional classification
systems.
(c) Result in any of the effects listed in paragraphs (A) through (C) of this subsection based
on projected conditions measured at the end of the planning period identified in the
adopted TSP. As part of evaluating projected conditions, the amount of traffic projected to
be generated within the area of the amendment may be reduced if the amendment
includes an enforceable, ongoing requirement that would demonstrably limit traffic
generation, including, but not limited to, transportation demand management. This
reduction may diminish or completely eliminate the significant effect of the amendment.
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(A) Types or levels of travel or access that are inconsistent with the functional
classification of an existing or planned transportation facility;
Response: The types of travel associated with this residential development are
consistent with those of the Transportation Element of the Comprehensive Plan. Site
access is consistent with the nature of the development as residential. Access to Scholls
Ferry Road will be at an intersection with standard traffic control.
(B) Degrade the performance of an existing or planned transportation facility such that it
would not meet the performance standards identified in the TSP or comprehensive
plan; or
Response: The capacity analysis for the 2040 horizon year showed that all study
intersections are anticipated to meet mobility standards.
(C) Degrade the performance of an existing or planned transportation facility that is
otherwise projected to not meet the performance standards identified in the TSP or
comprehensive plan.
Response: The capacity analysis for the 2040 horizon year showed that all study
intersections are anticipated to meet mobility standards.
2. The proposed amendment is consistent and compatible with the applicable Titles of the Metro
Urban Growth Management Functional Plan and the Regional Transportation Plan; and
Response: Applicable title of the Metro Urban Growth Management Functional Plan is Title 1:
Housing Capacity. Conformance with the Transportation Planning Rule (TPR) of OAR 600, Section
12 has been addressed through the traffic analysis provided by GTE and included as Appendix D.
The proposed amendment remains consistent with the TPR, and by extension, the RTP.
Title 1: Housing Capacity
3.07.110 Purpose and Intent
The Regional Framework Plan calls for a compact urban form and a “fair-share” approach to
meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by
requiring each city and county to maintain or increase its housing capacity except as provided in
section 3.07.120.
Response: The requested Comprehensive Plan map and zoning map amendment to Community
Commercial/Corridor Commercial CC zone would maintain the City’s housing capacity, as the CC
zone allows housing at the same densities as the High Density Neighborhood/R1 zone. Lot 6 can
accommodate 60 to 75 dwelling units. Even if Lot 6 were to develop with non-residential uses, the
existing Main Street/NS site within the South Cooper Mountain Community Plan area has been
developed with 164 more dwelling units than anticipated by the Community Plan. On balance, the
housing capacity of the Community Plan area will remain the same.
3. The proposed amendment is consistent and compatible with the Comprehensive Plan and other
applicable local plans.
Response: Consistency and compatibility with the Beaverton Comprehensive Plan is addressed in
Section III.B below. Consistency and compatibility with the South Cooper Mountain Community Plan
is addressed in Section IV below.
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B. Chapter 3 Land Use
[…]
3.1 Land Use and Transportation Connection Goal 3.1.1 Encourage development and land use patterns that support a variety of
transportation options
a) Emphasize pedestrian convenience and safety in all developments and transportation facilities.
Response: The proposed development includes robust pedestrian facilities including a multi-use trail
at the southern edge of the site along Scholls Ferry Road; internal pedestrian connections between
buildings and sidewalks; and pedestrian connections between Mountainside Way to the south and an
extensive multi-use trail network system to the north.
b) Encourage development and programs that reduce the need for vehicle use and ownership.
Response: The proposed PUD includes multifamily residential dwellings and potential non-
residential/commercial development on Lot 6. The site is located adjacent to the Main Street
commercial area to the east and will provide convenient access to the services anticipated there by
bike and foot. Nearby recreational opportunities include Park A and the connected trail system, as
well as the plaza at the intersection of Main Street and Mountainside Way to the east. Finally, high
school students living in this development will be able to travel safely to the Mountainside High
School via the multiuse trail network, the sidewalk network, or on-street bike lanes.
c) Ensure that new development is designed to provide safe, comfortable and direct pedestrian and
bicycle connections to and through the development, including to reach nearby points of interest.
Response: The proposed development provides safe, comfortable, and direct pedestrian and bicycle
connections through a variety of facilities. The extension of Mountainside Way includes bicycle lanes;
the South Cooper Loop trail along the southern frontage provides multimodal connections to the west
and east, and the widened Scholls Ferry Road also includes striped bike lanes. A multimodal trail
connection is proposed to connect to The Ridge to the west, the Scholls Valley Heights development
to the northwest, and the Mountainside High School site to the east. The local streets within the
development will have sidewalks and bicycles will share the roadway with low-speed, low-volume
vehicle traffic.
d) Apply land use designations and development regulations that support high-density development
near transit and services, in order to provide greater opportunities to live, work, and meet daily
needs near transit.
Response: The City anticipates the extension of TriMet service to the Main Street site to the east.
The high-density land use designations in the Blackbird Farms site will support the anticipated transit
service to the east.
The application of a commercial land use designation to Lot 6 will allow the Main Street commercial
uses to extend to the west and provide further options for meeting the daily needs of the development
and neighboring areas. The proposed Corridor Commercial zone allows a broad range of uses,
including residential and commercial, and could be developed as a single use or a mixed-use
development.
[…]
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3.2 Land Use and Transportation Connection Goal 3.2.1 Provide for thoughtful and strategic infill and redevelopment
a) Provide a set of residential infill guidelines and standards that encourage compatible infill
development, consistent with the following principles:
i. Provide flexibility on development standards when it can help preserve trees and natural
resources.
ii. Allow a wider variety of housing choices that can accommodate a range of ages, household
sizes and/or income levels while ensuring the new housing responds to the scale and form of
the neighborhood.
iii. Manage transitions between different uses and housing types.
iv. In areas well-served by transit, amenities and services, offer more flexibility for infill housing
and innovative housing types that meet city goals for affordability and livability, and provide
housing for diverse household sizes, types, and age ranges.
v. Encourage site and building design features, including setbacks and sight lines, that minimize
impacts to sunlight and privacy for existing adjacent homes.
Response: Lot 1 of the Blackbird Farms development includes 145 dwelling units in 3 buildings.
These dwelling units are affordable to households earning 30 to 60 percent of area median income
(AMI). Lots 2-5 are expected to develop with multifamily housing in the future. This multifamily
housing mirrors the approved multifamily housing development of The Ridge to the west of the site
and south of Mountainside Way; the buildings north of Mountainside Way are buffered from the lower-
density homes of The Ridge to the west by a natural area. Mountainside High School is located to the
east of the site and is separated from Lot 1 by a significant grade change. Lots 5 and 6 reflect the
multifamily development approved for Main Street to the east.
Development of this site is the final piece needed to connect Mountainside Way, Main Street, and the
Scholls Ferry Road improvements (including the multi-use path) in South Cooper Mountain.
b) Encourage and support quality redevelopment in target areas that is consistent with city goals.
Response: This site is currently rural residential use. The proposed development of the site is
consistent with the South Cooper Mountain Community Plan as described in Section IV below.
City goals include activating the Scholls Ferry Road frontage and providing options for neighborhood
services. Applying the Community Commercial land use designation and CC zone to Lot 6 will allow
for additional flexibility in the development of that site and the potential to extend the Main Street
neighborhood services to the west.
c) Work to reduce and mitigate displacement and loss of affordable housing and
commercial/employment space when planning and implementing major capital investments that
increase livability and desirability.
Response: Lot 1 of the proposed development includes 145 dwelling units that are affordable to
households earning 30 to 60 percent of median family income. In combination with the 164 affordable
housing units proposed by the Main Street PUD to the east, at least 309 affordable housing units will
be located in South Cooper Mountain.
3.3 Sustainability and Natural Resources Goal 3.3.1 Promote sustainable development, resilience, and resource protection
a) Use land effectively in urban areas to relieve development pressure in rural areas and help
protect farms, forests and natural resources.
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Response: As indicated in the South Cooper Mountain Annexation Area Local Wetland Inventory
(LWI), the Blackbird Farms site contains mapped wetlands, including a pond and forested areas. This
area is located in the northern portion of the site and is approximately 12.9 ac in area and is protected
by the City’s Significant Natural Resource Area (SNRA) regulations. The site development avoids
impacts to the wetland to the extent possible and proposes multi-use trails through the natural areas
to provide connections to adjacent trails and to allow enjoyment of this natural resource.
b) Conserve, protect and enhance natural resources identified in the city’s adopted Significant
Natural Resources inventories, consistent with policies in the Natural Resources Element.
Response: The South Cooper Mountain Annexation Area LWI identifies 2 wetlands and 2 probable
wetlands on the site, as well as a pond. A wetland delineation has been conducted by SWCA and is
included as Appendix I. Impacts to the wetlands have been avoided where possible; where impacts
are necessary mitigation is being provided to improve the condition of the wetland.
[…]
d) Wherever possible, allow resource areas to serve multiple purposes and acknowledge their
multiple benefits.
Response: The natural resource area on site is serving as both a site of habitat and vegetal diversity,
and as a largely passive recreational amenity that is visually accessible to users of the multiuse trail
system.
3.4 Planning and Development Review Goal 3.4.1 Provide effective and inclusive planning and development review services
[…]
d) Apply zoning districts consistent with Comprehensive Plan policies; applicable Community Plans;
adopted Comprehensive Plan designations, as identified in the Comprehensive Plan and zoning
district matrix, below; and the following policies.
Response: The Comprehensive Plan and Zoning District Matrix of Chapter 3 Land Use includes
comprehensive plan designations and implementing zoning districts. The South Cooper Mountain
Community Plan designates this site as High Density Neighborhoods, and the zoning identified to
implement that map designation is R1, Residential Urban High Density District (1,000). R1 zoning is
proposed for Lots 1-5 of the Blackbird Farms development.
The Community Commercial designation is proposed for Lot 6 of the development, and the Corridor
Commercial CC zone is proposed to implement this designation. Per Table 1 of the South Cooper
Mountain Community Plan, the only commercial designation identified in the South Cooper Mountain
Community Plan area is Main Street, which is implemented by the NS zone.
Both the Community Commercial and “Main Street”/ Neighborhood Center designations are within the
Commercial Centers and Corridors category of the Comprehensive Plan and Zoning District Matrix.
The desired characteristics of each designation are similar, and application of the Community
Commercial designation adjacent to the Main Street designation within the South Cooper Mountain
Community Plan Area is consistent with the type of neighborhood-serving retail node the City would
like to encourage in this location.
i. New zoning districts consistent with applicable Comprehensive Plan policies may be added
or modified as needed to address area-specific needs or changing circumstances.
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Response: No new zoning districts are proposed. This policy is not applicable.
ii. Existing zoning that is not consistent with the Comprehensive Plan and zoning district matrix
may remain in place until the city or property owner initiates a zone change; however, zoning
map amendments must be consistent with the Comprehensive Plan and zoning district
matrix.
Response: The existing AF-20 zoning of Lots 1-5 will be replaced with the requested R1 zoning,
which implements the High Density Neighborhoods designation.
The existing AF-20 zoning of Lot 6 will be replaced with the requested CC zoning, which
implements the requested Community Commercial land use designation as shown in the
Comprehensive Plan and zoning district matrix.
iii. Area-specific zoning districts (as indicated in the Comprehensive Plan and Zoning District
Matrix) shall be applied only in locations consistent with the title and purpose statement of the
zone, applicable Community Plan policies or Metro Title 6 designations.
Response: The matrix does not identify South Cooper Mountain as an area-specific district. As
part of the 2014 UGB expansion in this area, the City applied the Main Street and Neighborhood
designations of the Metro 2040 Growth Concept to the South Cooper Mountain Area.
iv. Where a property is subject to an area-specific zone (as indicated in the Comprehensive Plan
and Zoning District Matrix), quasi-judicial zone changes shall be limited to applying another
implementing zone specific to the same area, consistent with applicable Community Plan
policies or Metro Title 6 designations.
Response: The matrix does not identify South Cooper Mountain as an area-specific district. As
part of the 2014 UGB expansion in this area, the City applied the Main Street and Neighborhood
designations of the Metro 2040 Growth Concept to the South Cooper Mountain Area.
e) Where a land use approval requires demonstration of consistency with the policies of the
Comprehensive Plan, the policies of the adopted Comprehensive Plan designation shall apply,
regardless of whether the zone is listed as an implementing zone for the applicable
Comprehensive Plan designation.
Response: The adopted 2014 South Cooper Mountain Community Plan designation for this site is
High Density Residential, and the 2017 Comprehensive Plan designation for this site is Neighborhood
Residential – High Density (NR-HD). This designation falls within the Neighborhoods designation of
the Comprehensive Plan and Zoning District Matrix. This designation will be applied to Lots 1-5 of the
Blackbird Farms development. The policies of the Neighborhood designation are in Chapter 3.8,
addressed below.
The Community Commercial land use designation is proposed for Lot 6, immediately adjacent to
Scholls Ferry Road and the NS zone to the east. The Community Commercial designation falls within
the Commercial Centers and Corridors land use designation of the Comprehensive Plan and Zoning
Matrix. The Neighborhood Center (Main Street) designation of the Main Street PUD site to the east
also falls within this designation. The policies of the Commercial Centers and Corridors designation
are in Chapter 3.7, addressed below.
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3.7 Commercial Centers and Corridors Goal 3.7.1 Enhanced Commercial Centers and Corridors
The following policies apply to all Commercial Centers and Corridors.
Policies:
a) Over time, new development and redevelopment should improve accessibility and comfort for
non-auto modes, including:
i. Improving pedestrian and bicycle connections within and between sites
ii. Enhancing or creating multi-modal connections wherever feasible
iii. Providing direct pedestrian connections to, and amenities near, transit stops
iv. Providing a more visually engaging and appealing street frontage through the addition of
buildings adjacent to the street, enhanced landscaping, more pedestrian scale signage, etc.
v. Providing safe and convenient paths for pedestrians within large parking areas
Response: The site is currently in rural residential use. The Community Commercial land use
designation, which is part of the broader Commercial Centers and Corridors category, is proposed for
Lot 6 of the Blackbird Farms PUD.
Lot 6 is designed to integrate into the larger Blackbird Farms residential development to the north as
well as the Main Street mixed-use development to the east. As shown on Sheet C1.10, Main Street
will continue west from the Main Street PUD to establish the northern boundary of Lot 6. This
connection would provide direct pedestrian connections to the potential amenities on Lot 6 as well as
the future commercial node at the northwest corner of Scholls Ferry Road and Mountainside Way.
Also as shown on Sheet C1.10, the conceptual buildings on Lot 6 front on Scholls Ferry Road and
Street C, which will result in a visually engaging and appealing street frontage in those locations.
b) Emphasize commercial and employment uses, and limit ground floor residential uses to preserve
land to meet the city’s employment needs.
Response: The requested CC zone on Lot 6 allows a range of residential and commercial uses.
These uses could include standalone residential, standalone commercial, or a mixed-use
development. The flexibility provided by the CC zone will allow development of Lot 6 to respond to
market forces. This site is not currently designated for employment uses, so the development of any
employment on this site will be in additional to the employment uses anticipated for the NS zone to
the east.
c) Allow for housing as part of an integrated mixed use development, generally behind or above
commercial uses, and buffered from high-traffic roadways or uses incompatible with residential
use.
Response: Lot 6 has frontage on Scholls Ferry Road, an arterial road, to the south and local streets
to the west, north, and east. The conceptual development plan shown on Sheet C1.10 is one of
several ways the site could be developed; the proposed CC zone permits a range of residential and
commercial uses and supports mixed-use development including both.
Goal 3.7.3 Community Commercial: Provide for commercial services that serve the
surrounding community, with limited auto-oriented uses
The following policies apply to the Community Commercial areas, in addition to policies under Goal
3.7.1.
Policies:
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a) Allow commercial uses at a range of scales, including large-format retail, to address community
needs.
Response: The requested Community Commercial designation for Lot 6 will allow commercial uses
at a range of scales; however, the size of lot 6 is not conducive to large-format retail. Any commercial
development on the site is anticipated to be locally focused, such as coffees shops and cafes. These
types of uses can meet the community’s daily needs, while larger shopping centers (such as
Progress Ridge) can provide large-format retail options.
b) Allow limited new automotive services (e.g. gas stations, car wash, and car repair) where
compatible with adjacent uses and where the design of the site and building or structure promote
a quality pedestrian environment along the street.
Response: The requested CC zone allows some new automotive series conditionally and prohibits
major automotive service and automobile sales or lease. This is consistent with the desired character
of the South Cooper Mountain commercial areas, which are intended to serve community needs while
promoting a quality pedestrian environment through the limitation of automobile-dominant uses.
c) Prohibit land-intensive vehicle sales and service uses and uses requiring extensive outdoor
storage.
Response: The requested CC zone prohibits vehicle sales and service, consistent with this policy.
d) Use development standards and/or conditional use review to address potential issues related to
compatibility of commercial uses with adjacent housing, including noise, access and parking.
Response: The requested CC zone allows a range of uses, including residential and commercial
uses. The intent of the request is to allow Lot 6 to serve as a buffer between the multifamily
residential uses proposed north of the site and the Scholls Ferry Road activities, which include high
volumes of traffic. Compatibility of any uses within the CC zone with adjacent multifamily residential
and commercial uses will be evaluated through a future Design Review application.
e) Require multimodal or pedestrian connections based on block size standards to encourage a
pattern of development that can be easily navigated by foot or bike.
Response: The proposed development will construct an extension of the multiuse trail parallel to
Scholls Ferry Road and will also construct frontage improvements along Scholls Ferry Road that will
include striped bicycle lanes. A new Street C to the west of Lot 6 will provide right-in/right-out access
to potential commercial uses on the site as well as an additional connection to Mountainside Way to
the north. Finally, the site will complete the School to School trail connection to Mountainside High
School to the east. This additional connectivity encourages a compact urban development form and
provides another connection for pedestrians and bicycles.
f) The Community Commercial designation may be applied in areas along arterial roads with
relatively high visibility and auto accessibility that also provide pedestrian, bicycle, and/or transit
connections to the surrounding community.
Response: Lot 6 is located adjacent to Scholls Ferry Road, an arterial road with high visibility and
auto accessibility. Per the South Cooper Mountain Community Plan, a multiuse path is proposed
within the Scholls Ferry Road right-of-way south of the site, and additional pedestrian and bicycle
connections will be provide by Street C to the west, Main Street to the north, and Street A to the east.
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The site is an appealing location for commercial uses that rely on visibility and ease of access, which
will be provided by the right-in/right-out turn motion at Street C to the west. This is an appropriate
location for the Community Commercial designation.
3.8 Neighborhoods Goal 3.8.3 Medium and High Density Neighborhoods: Provide for a variety of housing types
and higher residential densities in areas with more amenities and transit service
Policies:
a) Provide for a variety of housing types, with an emphasis on multifamily and attached single family
housing.
Response: Lots 1-5 are designated High Density Neighborhood and this application requests the
application of the R1 zone to those lots. The R1 zone permits multifamily housing, and the densities
assigned to this site require that the proposed developments consist of multifamily buildings.
b) Establish zoning regulations that allow housing at generally the following residential densities,
while allowing for flexibility as described under Goal 3.8.1:
[…]
ii. High Density Neighborhoods: one unit per 1,000-2,000 square feet of residential land area
Response: The R1 zone implements the High Density Neighborhoods land use designation, and
establishes a minimum lot size of 1,000 sq. ft. per dwelling unit. This is consistent with this policy.
c) Focus the highest density housing closest to transit, commercial services, parks, and/or other
amenities, to provide convenient access to these amenities by as many households as possible.
d) Provide direct and efficient pedestrian and bicycle connections to nearby retail and services,
transit, parks, and/or schools.
Response: The High Density Neighborhoods designation in the South Cooper Mountain Community
Area is focused near the Neighborhood Center of the plan area and provides a transition between the
commercial uses anticipated for that area and the medium- and high-density residential uses beyond.
The High Density Neighborhoods designation also provides a transition between Mountainside High
School and lower-density residential patterns to the west.
e) Ensure that the internal circulation system for larger developments creates direct and desirable
pedestrian and bicycle routes and connects to adjacent local streets wherever possible.
Response: The City’s development standards require direct pedestrian and bicycle routes within a
larger site. In addition, the South Cooper Mountain Community Plan has established a network of
multiuse paths that include the South Cooper Mountain Loop Trail to the south of the site, the Creek
to Creek Trail connecting the site to the north, and the School to School trail connecting the site to the
east.
f) Allow for innovative housing types and designs that are consistent with the other policies for
these neighborhoods to accommodate projected growth and meet the diverse housing needs of
the community.
Response: The High Density Neighborhoods designation and implementing R1 zone allow a variety
of housing types by right and through the Planned Unit Development process. The proposed
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development includes multifamily housing development that is expected to consist of affordable and
market-rate housing, which will meet the diverse housing needs of the community.
g) Allow limited, small-scale retail and service uses that primarily serve the immediate neighborhood
and are compatible with adjacent residential uses in terms of the amount of traffic created, noise,
parking needs, and other quality of life issues.
Response: The High Density Neighborhood designation and implementing R1 zone allow a limited
number of community uses as conditional uses. It does not permit retail or service uses. For that
reason, the Community Commercial designation is requested for Lot 6 to allow small-scale retail and
commercial uses on that lot.
h) The Medium and High Density Neighborhood designations may be applied in areas that have
walkable access to transit, commercial services, parks, and/or other amenities. The Medium
Density Neighborhood may serve as a transition between Standard Density or Low Density
Neighborhoods and higher density neighborhoods or commercial or mixed use designations.
Response: The City applied the High Density Neighborhoods designation to the subject site with the
adoption of the South Cooper Mountain Community Plan. This designation remains appropriate for
Lots 1-5.
C. Chapter 4 Housing
[…]
4.2 Housing Types Goal 4.2.1 Provide a variety of housing types that meet the needs and preferences of residents
Policies:
a) Ensure that sufficient land is appropriately zoned to meet a full range of housing needs, including
an adequate amount of detached single-family housing to meet projected demand
Response: The City has applied zoning throughout the City and has developed partnerships and
programs to expand housing variety within the South Cooper Mountain Community Plan area. The
requested R1 and CC zones support multifamily residential development, which is appropriate in this
location. Detached single-family housing is provided to the west, north, and east of the subject site in
the areas designated for Low Density, Standard Density, and Medium Density Neighborhoods.
[…]
f) Encourage the development of a variety of housing types within planned unit developments and
other large projects, which can serve to improve the aesthetic character of the neighborhood and
provide housing choices for different income levels
Response: The proposed development incorporates affordable units on Lot 1 for households of
various sizes. The inclusion of these housing options within South Cooper Mountain provides housing
choices for different income levels and stages of life.
The site has been designed with Universal Design considerations in mind. Design that incorporates
the principles of Universal Design is intended to be barrier-free and accessible by people of all ages
and abilities.
[…]
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4.5 Livability and Neighborhood Character Goal 4.5.1 Ensure that Beaverton continues to be one of the most livable communities in the
region
Policies:
a) Encourage quality design throughout the city that acknowledges neighborhood character,
provides safe and direct connections for pedestrians and bicyclists to a variety of destinations,
and integrates open space, natural resources and scenic view corridors
Response: The proposed Blackbird Farms PUD consists of a connected, compact block pattern.
Safe and direct connections for pedestrians and bicycles are provided east-west via sidewalks and
bike lanes on Mountainside Way and shared facilities on Main Street. North-south connections extend
from the Main Street PUD site to the south to the wetland area to the north via Street B. Street A
provides additional connectivity to the proposed trail system in the northern portion of the site.
The site contains significant natural resources in the northern portion consisting of wetlands, a pond,
and a buffer area. The proposed trail network provides connections to and through these areas and
provide visual access to these resources.
[…]
e) When considering comprehensive plan and zoning map amendments, address the potential
impacts of densification, including increased traffic and noise, on established neighborhoods
Response: The proposed development includes a comprehensive plan and zoning map amendment
to apply the Community Commercial land use designation and CC, Corridor Commercial zoning
designation to Lot 6. Lot 6 is located west of the Main Street PUD, which has recently received
entitlements but has not been built, and east of The Ridge Multifamily, which has received
entitlements but has also not been built. The UGB is located to the south of Scholls Ferry Road, and
rural and agricultural uses exist and will remain for some time. As such, there are no established
neighborhoods adjacent to Lot 6.
As indicated in the Traffic Impact Analysis included as Appendix D, the level of traffic anticipated to
be generated from commercial development on Lot 6 is similar to the level of traffic anticipated to be
generated from multifamily development. In addition, the types of small-scale commercial and retail
uses anticipated for Lot 6 would not increase noise beyond that generated by multifamily
development.
f) Provide flexible development standards for projects that exceed the minimum requirements for
natural resource protection, open space and public gathering places, and energy efficiency
Response: The South Cooper Mountain Community Plan provides flexibility for projects within the
plan area through the PUD process, which has been requested for this site.
g) Work with regional partners to improve bicycle and pedestrian access to nearby parks, schools,
and neighborhood services and provide increased opportunities for healthy active living
Response: The City and the applicant have worked closely with THPRD and the Beaverton School
District to identify opportunities for improved bicycle and pedestrian access to nearby schools and
proposed parks. The THPRD Trails Master Plan includes a trail network through the site, which is
proposed to be constructed. The requested Community Commercial land use designation on Lot 6
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would allow additional neighborhood services and reduce resident’s reliance on car travel to meet
daily needs.
h) Encourage a compact mix of uses at the neighborhood level that increase the number of local
jobs and services, and reduce impacts to the city’s transportation system
Response: The Blackbird Farms site includes a mix of multifamily residential uses on Lots 1-5 and
potential commercial uses on Lot 6. The goal is to provide opportunities to meet daily needs on Lot 6
and the Main Street PUD site to the east, reducing the number of vehicular trips within the
neighborhood.
D. Chapter 5 Public Facilities and Services Element
5.8 Parks and Recreation 5.8.1. Goal: Cooperate with THPRD in implementation of its 20-Year Comprehensive Master Plan
and Trails Master Plan in order to ensure adequate parks and recreation facilities and programs
for current and future City residents.
Policies:
[…]
e) A number of financial incentives exist to encourage private property owners to donate, dedicate, or
provide easements for resource preservation, park, trail or open space use. The City shall work
cooperatively with property owners and THPRD to maximize the use of these tools for the benefit of
the community.
Action 1: The City shall develop a program to encourage preservation and restoration of habitat
benefit areas in cooperation with THPRD.
Response: The applicant is in discussions with THPRD regarding the disposition of the wetland in the
northern portion of the site. The project will restore areas of disturbance within the natural areas, and
THPRD has expressed an interest in taking ownership of the habitat areas to ensure their preservation.
E. Chapter 6 Transportation Element
6.2 Transportation Goals and Policies 6.2.1. Goal: Transportation facilities designed and constructed in a manner to enhance
Beaverton’s livability and meet federal, state, regional, and local requirements.
Policies:
a) Maintain the livability of Beaverton through proper location and design of transportation facilities.
Actions:
• Design all transportation facilities to respect the characteristics of the surrounding land uses,
natural features and natural hazards, and community amenities.
• Design transportation facilities consistent with habitat friendly development practices and low
impact development techniques and water quality and quantity design principles, wherever
practical and feasible
• Promote landscaping and pervious surfaces wherever practical and feasible.
• Continue to implement “green streets” designs.
• Recognizing that the magnitude and scale of transportation facilities also affect aesthetics
and environmental quality, the City will continue to require design plans and impact analyses
for transportation facilities as specified in the Development Code.
• Preserve right-of-way for improvements that are anticipated to be needed within a specified
time period that is beyond the planning forecast year for this Transportation System Plan.
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Response: In coordination with Washington County, the applicant proposes an intersection with
Scholls Ferry Road to the west of the site. This street would provide access to the proposed
commercial uses on Lot 6 and more convenient access to The Ridge multifamily site to the west. This
street, and all others within the development, will incorporate low impact development techniques per
City of Beaverton and CWS requirements.
[…]
(d) Locate and design multi-use paths to balance the needs of human use and enjoyment with
resource preservation in areas identified on the Natural Resource Inventory Plan Map for their
Significant Natural Resource values.
Action: Proposals for shared-use paths through significant natural resource areas shall assess
compatibility of the path with the resource. The assessment shall include the impacts of lighting,
appropriate restrictions on uses of the path, and options available to mitigate the impacts of the
path.
Response: The proposed development proposes to implement the South Cooper Mountain
Community Plan and THPRD Trails Master Plan multiuse path network, which includes connections
through the natural resource area to the north of the site to complete the Creek to Creek and School
to School trail network.
As shown in Appendix C, impacts to the natural resource areas have been avoided where possible;
minimized where unavoidable; and mitigated where proposed. As shown in Sheet L4.00, no lighting is
proposed along these trails; restrictions on uses of paths are expected to include limitations on
activities off of the path.
e) Protect neighborhoods from excessive through traffic and travel speeds while providing
reasonable access to and from residential areas. Build streets to minimize speeding.
Actions:
• Maintain street design standards and criteria for neighborhood traffic calming for use in new
development and existing neighborhoods.
[…]
Response: The proposed transportation facilities include the extension of Mountainside Way and
Scholls Ferry Road and 3 new streets: the east-west Main Street; north-south Street A; north-south
Street B, and north-south Street C. Streets A and B are extensions of the Main Street PUD street
network. Each of these facilities is classified as a Local street.
Each of the new streets include sidewalks; bicycles will share the street with low-speed vehicles. The
extension of Mountainside Way will add a sidewalk and bike lane to the west and south side of the
street adjacent to the property. The expansion of Scholls Ferry Road will include both a striped bike
lane and a grade-separated multimodal trail that will connect to the Mountainside School site to the
east and neighborhoods to the west and south.
6.2.2. Goal: A balanced multimodal transportation system that provides mobility and
accessibility for users.
Policies:
[…]
c) Develop and provide a safe, complete, attractive, efficient, and accessible system of pedestrian
ways and bicycle ways, including bike lanes, cycletracks, bike boulevards, shared roadways,
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multi-use paths, and sidewalks according to the pedestrian and bicycle system maps, and the
Development Code and Engineering Design Manual requirements.
Actions:
• Continue to coordinate with Washington County, Metro, Beaverton area schools, Oregon
Department of Transportation, the cities of Tigard, Hillsboro, and Portland, Tualatin Valley
Fire & Rescue, and the Tualatin Hills Park and Recreation District.
• Sidewalks will remain the responsibility of fronting property owners. The City shall consider
funding sidewalk improvements when such improvements serve the greater public good
(such as a transportation or safety purpose), and funding is available.
• Maintain the opportunity for resident groups to fund pedestrian and bicycle facilities through
the local improvement district process.
Response: The proposed development includes new pedestrian and bicycle ways and public
infrastructure was designed to the standards of Washington County and Beaverton, and in
accordance with TVF&R standards. The proposed multi-use trail along Scholls Ferry Road has been
designed to THPRD standards. Each of these facilities will expand the pedestrian and bicycle options
for the community and are designed to extend with future development to the north and west.
The developer is constructing the required public infrastructure; no local improvement district is
proposed.
d) Design sidewalks and the pedestrian access systems to City standards to enhance walkability:
complete the accessible pedestrian network, provide safe direct access to transit and activity
centers, and provide safe crossings at intersections with pedestrian friendly design.
Actions:
• Adjust parking lot design standards to be more pedestrian-friendly.
• Develop a performance measure for pedestrian facilities, and develop targets for different
areas of the city. Consider factors such as long wait times at selected stop lights, closed
crosswalks, noise and pollution, debris and obstacles on sidewalks, speed of traffic, and
other factors reducing pedestrian friendliness.
e) Provide connectivity to each area of the City for convenient multimodal access. Ensure
pedestrian, bicycle, transit, and vehicle access to schools, parks, commercial, employment, and
recreational areas, and destinations in station areas, regional and town centers by identifying and
developing improvements that address connectivity needs.
f) Develop neighborhood and local connections to provide convenient circulation into and out of
neighborhoods. Work to prevent and eliminate pedestrian and bicycle “cul-de-sacs” that require
substantial out-of-direction travel for pedestrians and bicyclists.
Response: The Blackbird Farms development continues the Scholls Ferry Road multimodal trail
connection to Mountainside School to the east. The South Cooper Mountain Concept Plan has
identified a street and trail network, and the proposed development is constructing portions of that
network in addition to four local streets. These improvements will further connect the parks, schools,
and neighborhoods within South Cooper Mountain and to River Terrace to south.
The requested modification to the Main Street PUD revises the southern termination of Street A,
which is proposed to end in a cul-de-sac. Multiuse path connections are proposed from the southern
end of the cul-de-sac to the Scholls Ferry Road multiuse trail to the south and will not result in out of
direction travel for pedestrians or bicycles.
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g) Identify specific areas within the City where pedestrian needs and the pedestrian experience
should be given highest priority in the design of streets, parking, intersections, connectivity, signal
controls, mapping and signing, and other transportation facilities.
Actions:
• Complete the accessible pedestrian network.
• Provide safe direct access to transit, employment and activity centers.
• Provide safe crossings with pedestrian friendly design.
• Complete bikeway improvements to close the gaps in the bicycle network.
Response: The City’s policies and regulations support a high-quality pedestrian experience in the
South Cooper Mountain plan area. The subject site will be safely and easily accessed from all
directions by the proposed pedestrian and bicycle network. Safe and direct access to future transit
east and southeast of the site is provided by the sidewalk system as well as pedestrian walkways
connecting to the commercial buildings. The construction of Scholls Ferry Road frontage will provide
a key connection for bicyclists using the bike lane and bicycles and pedestrians using the multimodal
path.
[…]
i) Design streets to accommodate transit while minimizing impacts to traffic flow.
Actions:
• Improve transit service, pedestrian and bicycle facilities leading to transit waiting areas, and
make the waiting areas themselves safe, comfortable, and attractive.
• Continue to work with TriMet, the Oregon Department of Transportation, and Washington
County to develop and implement a transit shelter program, to place safe crossings at major
transit stops, and to provide transit vehicle signal priority.
j) Require developers to include pedestrian, bicycle, and transit-supportive improvements within
proposed developments and adjacent rights-of-way in accordance with adopted policies and
standards.
Response: The proposed Street C alignment has been reviewed by TriMet for verification that buses
can access that intersection (if needed) when bus service is extended to the Main Street PUD to the
east. TriMet has indicated that the spacing is adequate for TriMet bus turning movements.
6.2.3. Goal: A safe transportation system.
Policies:
[…]
b) Design streets to serve anticipated function and intended uses as determined by the
Comprehensive Plan.
Action:
• Maintain a functional classification system that meets the City’s needs and respects the
needs of other agencies including, but not limited to, Washington County, Oregon
Department of Transportation, the cities of Tigard, Hillsboro, and Portland, TriMet, Tualatin
Valley Fire and Rescue, Tualatin Hills Park and Recreation District, and Metro.
Response: The streets abutting and within the site have been designed to the appropriate functional
classification. Scholls Ferry Road is a Washington County arterial and has been designed to those
standards; Mountainside Way is a Beaverton Collector and has been designed to those standards;
and Main Street, Street A, Street B, and Street C are local streets and have been designed to those
standards.
[…]
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d) Designate safe walkway and bikeway routes from residential areas to schools, parks, transit, and
other activity centers.
Actions:
• The City should continue to work with Beaverton area schools and the community in
developing safe transit, pedestrian, and bicycle routes to schools, and educating users about
available routes.
• Improvement projects near schools shall consider school access and safety during project
development.
• The City shall coordinate with Beaverton area schools to notify students when designated
routes are affected by construction or other activities.
Response: The northern portion of the subject site is located directly to the west of Mountainside
School, and school access and safety were considered during design. The Main Street PUD
improvements include a protected pedestrian walkway across Mountainside Way at the Main Street
intersection; the Mountainside Way extension to be constructed with the Blackbird Farms
development will include sidewalks that will connect to that walkway.
e) Construct multi-use paths only where they can be developed with satisfactory design components
that address safety, security, maintainability, and acceptable uses. Multi-use paths should
converge at traffic-controlled intersections to provide for safe crossing, and paths should be
separate and distant from major streets for most of their length. Mid-block crossings for trails
access, such as the Denney Road Fanno Creek Trail crossing, will be considered as appropriate
where findings for safety are met and such crossings are approved by the City.
Actions:
• Identify trail crossing treatments for appropriate use at locations where out-of-direction travel
by path users to an existing traffic-controlled intersection is significant.
• Consider mid-block crossings where safe and appropriate.
• When multi-use paths follow rear lot lines, use design treatments to minimize the impacts to
private property.
Response: The South Cooper Mountain Community Plan identifies a multimodal trail along the
southern boundary of the site. This trail will be constructed to THPRD standards for a multiuse path.
The path crossing will occur at the signalized intersection of Mountainside Way and Scholls Ferry
Road to the east; in the future, the crossing will occur at traffic-controlled intersections to the west.
Additional multiuse paths include the Creek to Creek and School to School path connections in the
northern portion of the site. The pathways are accessed by the sidewalk system and will not require
mid-block crossings.
f) Provide satisfactory levels of maintenance to the transportation system in order to preserve user
safety, facility aesthetics, and the integrity of the system as a whole.
g) Maintain access management standards for streets consistent with City, County, and State
requirements to reduce conflicts among vehicles, trucks, rail, bicycles, and pedestrians. Preserve
the functional integrity of the road system by limiting access per City standards.
Response: The site transportation infrastructure has been designed in conformance with City and
County access management standards and designed to the City’s requirements to support
maintenance.
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h) Ensure that adequate access for emergency services vehicles is provided throughout the City.
Actions:
• Work cooperatively with Tualatin Valley Fire and Rescue and other Washington County
emergency service providers to designate and periodically update Primary and Secondary
Emergency Response Routes. Continue to work with these agencies to establish acceptable
traffic calming strategies for these routes.
• Recognize the route designations and associated acceptable traffic calming strategies in the
City’s Traffic Calming Program.
Response: The development has been designed in consultation with TVF&R. A service provider
letter from TVF&R is included as Appendix E.
[…]
6.2.5. Goal: Transportation facilities that serve and are accessible to all members of
the community.
Policies:
a) Construct transportation facilities, including access to and within transit waiting areas, to meet the
requirements of the Americans with Disabilities Act.
Action:
• Identify, assess, and remove access barriers to persons with disabilities.
Response: The site has been designed an accordance with Universal Design principles, which focus
on designing communities that are accessible to all community members. The site improvements will
be accessible to all users and will meet the requirements of the ADA.
F. Chapter 7 Natural, Cultural, Historic, Scenic, Energy & Groundwater Resources
Element
7.1 Overview 7.1.1. Goal: Balance development rights with natural resource protection.
Policies:
[…]
b) Where adverse impacts to Significant Natural Resources cannot be practicably avoided, require
mitigation of the same resource type commensurate with the impact, at a location as close as
possible to the impacted resource site.
Response: The site contains significant natural resources (wetlands). The South Cooper Mountain
Community Plan and THPRD Trails Master Plan envision trail connections to and through the wetlands.
These connections are proposed in areas where impacts to the resource will be minimized. Mitigation will
be provided within the resource area or through a mitigation bank. See Appendix C for the CWS SPL and
mitigation requirements.
c) Allow for relaxation of development standards to protect significant natural and historic resources.
Such standards may include but are not limited to minimum setbacks, maximum building height,
minimum street width, location of bicycle, pedestrian and multi-use paths, etc.
Action 1: Adopt and apply land use regulations that allow and encourage habitat friendly and low
impact development practices within habitat benefit areas, and where appropriate, throughout the
city.
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Action 2: Adopt and apply a system to allow flexibility in applying the site development standards
when development employs low impact development techniques and habitat friendly development
practices.
Action 3: Adopt and apply an incentive program to encourage the use of the low impact development
techniques and habitat friendly development practices.
Response: The City’s development code does encourage habitat friendly and low impact development
practices and provides incentives for the use of those practices. Though the proposed development
incorporates many low impact development techniques and habitat friendly development practices, the
applicant is requesting flexibility through the PUD process rather than through the Habitat Friendly
Development Practices provisions of BDC Section 60.12.
7.3 Natural Resources
7.3.1 Significant Natural Resources
7.3.1. Goal: Conserve, protect, enhance or restore the functions and values of inventoried
Significant Natural Resources.
Policies:
a) Inventoried natural resources shall be conserved, protected, enhanced or restored:
• to retain the visual and scenic diversity of our community;
• for their educational and recreational values;
• to provide habitats for fish and wildlife in our urban area.
Response: The site contains several wetlands that are identified in the South Cooper Mountain
Annexation Area LWI. These natural resources are left largely undisturbed, with the exception of
proposed trail connections to implement the South Cooper Mountain Community Plan and the THPRD
Trails Master Plan. Mitigation for any disturbance will be provided per CWS requirements.
b) Conserve, protect and enhance natural resource sites and values though a combination of programs
that involve development regulations, purchase of land and conservation easements, educational
efforts, and mitigation of impacts on resource sites.
Action 1: Establish acquisition programs for Significant Goal 5 Resources; prepare and maintain a
long-range list of priority resource locations for public acquisition.
Action 2: Facilitate and encourage habitat friendly development practices and low impact
development through flexibility in site development standards and reduction in surface water
management fees and systems development charges.
Response: The City encourages habitat friendly development practices through the provisions of BDC
Section 60.12. In addition, CWS maintains stringent requirements for the protection of natural resource
areas under its jurisdiction. The natural resources on site have been avoided where possible; impacts
have been minimized and will be mitigated per CWS standards.
c) Inventoried natural resources shall be incorporated into the landscape design of development
projects as part of a site development plan, recognizing them as amenities for residents and
employees alike.
Response: Inventoried natural resources on site include emergent and forested wetlands as well as a
pond. As shown in Sheet C3,00, the natural resource areas are understood to be amenities for the site.
Building 1A is oriented to take advantage of views into the resource area, and Park A is envisioned as a
“trailhead park” that will provide access to the trail network around and through the resource area. In
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addition, the trail connection to the east will provide opportunities to view the Mountainside High School
mitigation area.
d) The City shall rely on its site development permitting process as the mechanism to balance the needs
of development with natural resource protection.
Action 1: For properties located within significant natural resource areas, the City shall consider
relaxation of its development standards where necessary to accomplish protection of riparian and
wetland areas. Such standards include, but are not limited to, setbacks, building height, street width,
location of bike paths, etc. Where the combination of riparian, wetlands, and other requirements
would result in an unbuildable lot, such a situation may be relevant to a decision that may grant a
hardship variance.
Action 2: City Staff will provide pre-application conferences to developers of property to provide
available information and to discuss alternative methods of development acceptable to meet the
adopted policies and ordinance standards.
Action 3: Adopt and apply land use regulations that require integration of natural features with the
overall design of developments. Natural features include, but are not limited to, Chapter Seven:
Natural, Cultural, Historic, Scenic, Energy, and Groundwater Resources Element VII - 8 wetlands and
water areas, intermittent and perennial streams, riparian corridors, urban forests and significant
individual or community trees, slopes, geologic hazards, flooding, and erosion prone soils.
Action 4: Adopt and apply land use regulations that will minimize impacts from adjacent uses.
Development Code design criteria shall be adopted that address the following considerations:
• Land uses immediately adjacent to protected resource areas should be designed to physically
separate human activity from the resource activity. Preferred development abutting the resource
should be 1) buildings with entrances oriented away from the resource area, and then 2) roadways
with limited or no street parking with 3) parking lots as the lowest preference.
• Garbage facilities and materials storage areas should be located away from habitat areas.
• Habitat areas should be preserved as a few large connected areas, rather than many disconnected
small areas and should be designed to minimize the amount of habitat edge exposed to development
areas.
• Existing native vegetation should be retained to provide wildlife habitat. Snags and dying trees
should be left in protected wildlife areas for wildlife use.
• To minimize disturbances to wildlife, lights for buildings and parking areas should be screened, and
the light should be directed away from the protected habitat areas,
• Walkways should not bisect wildlife areas. If walkways do encroach upon wildlife areas, security
lighting should be designed to shine primarily on the path and avoid shining directly into habitat areas.
Regulations to address the above considerations shall not compromise public safety.
Action 5: Adopt and apply regulations for resource areas, mitigation sites, areas adjacent to natural
areas, wetlands, and tree groves that include but are not limited to the following requirements:
• Require use of native vegetation in mitigation areas and riparian buffers. Seed-and fruit producing
native plants with aesthetic value should be incorporated into the landscaping at locations adjacent to
wildlife habitat areas.
• Allow for buffer averaging in order to create opportunities for habitat protection and enhancement
while accommodating urban forms of development.
Response: The City has adopted regulations that address resource areas and buffer areas. These
regulations include BDC Section 40.90 Tree Plan, Section 60.60 Trees and Vegetation, and Section
60.67 Significant Natural Resources. The provisions of these sections are addressed below.
e) Development within Significant Natural Resource areas shall be consistent with the relevant
regulations or guidelines of the National Marine Fisheries Service, U.S. Fish and Wildlife Service,
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Oregon Department of Fish and Wildlife, U.S. Army Corps of Engineers, Oregon Division of State
Lands, Clean Water Services, and the Oregon Department of Environmental Quality.
Action 1: During pre-application conferences for developers, City staff will attempt to identify any
Federal, State, or local requirements and regulations affecting sites in Significant Natural Resource
areas.
Action 2: The City will continue to monitor and review policies and regulations as necessary, to
ensure consistency with Federal, State, and service providers’ guidelines and regulations.
Response: The applicant has submitted the appropriate applications to Clean Water Services and the
Department of State Lands. Future permitting may require approval by the US Army Corps of Engineers
and the Department of State lands.
f) Specific uses of or development activities in Significant Natural Resources areas shall be evaluated
carefully and those uses or activities that are complementary and compatible with resource protection
shall be permitted. This is not intended to prohibit a land use permitted by the underlying zoning
district but only to regulate the design of development such as building or parking location or type of
landscaping.
Response: The proposed development limits the impacts to the natural resource areas on site to those
needed to provide the trail connections anticipated by the South Cooper Mountain Community Plan and
the THPRD Master Plan, and to allow stormwater outfalls into the resource area. These impacts will be
mitigated per the requirements of CWS and any other permitting agencies.
g) Limited alteration or improvement of Significant Natural Resource areas may be permitted so long as
potential losses are mitigated and “best management practices” are employed.
Response: Impacts to the on-site significant natural resource areas have been minimized to the extent
possible. Any impacts will be mitigated per the requirements of CWS and any other permitting agencies.
h) Roads and utilities, which must be located within, or traverse through, a Significant Natural Resource
Area, shall be carefully planned and aligned so as to minimize loss and disruption. A rehabilitation or
restoration plan shall be a necessary component. The City should allow variations from standard
street sections in these areas.
Response: No roads or utilities are proposed within or traversing through the significant natural resource
areas on site.
7.3.3 Significant Wetlands
7.3.3.1 Goal: Protect or enhance wetlands adopted as Significant Wetlands in the Local Wetland
Inventory.
Policies:
a) Significant Wetlands in the Local Wetland Inventory shall be protected for their filtration, flood control,
wildlife habitat, natural vegetation and other water resource values.
Response: The LWI includes significant wetlands on site, including W-A PFO1Y, W-C PFO1Y, two
probable wetlands, and a pond/open water area. These resources are protected by CWS regulations and
the City’s Significant Natural Resource Area regulations.
b) Development within the buffer area adjacent to a significant wetland shall be subject to restrictions on
building, grading, excavation, placement of fill, and native vegetation removal.
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Action 1: Amend the City regulations and development standards as appropriate, to ensure
compliance with Clean Water Services Design and Construction Standards provisions for
encroachment.
Response: Limited development for multiuse trails is proposed within the buffer area. CWS has reviewed
the proposed development and has identified mitigation for the disturbance. See Appendix C for the CWS
SPL.
c) Where development is constrained due to wetland protection regulations, a hardship variance may be
granted if approval criteria are met.
Action 1: Amend the implementing ordinances as appropriate to ensure compliance with Clean
Water Services Design and Construction Standards provisions for a hardship variance.
Response: The applicant has not requested a hardship variance.
IV. Compliance with South Cooper Mountain Community Plan
Response: Staff’s June 24, 2020 pre-application conference notes identified the following South Cooper
Mountain Community Plan as applicable to this application. Most of these policies are implemented by the
Beaverton Community Development Code and are further addressed in those sections.
A. Land Use
Land Use Implementation Policies
[…]
3. Zoning may be applied through initiation by the City or as requested by an applicant. Zoning and
development review applications may be requested concurrently. The mix of zones applied to a given
development site shall be generally consistent with the assumed mix of zones shown in Table 2.
Deviation of up to 10 percentage points may be allowed from the mix shown in Table 2 (e.g. if the mix
shown is 30/70 then the deviation may be between 20/80 and 40/60). The percentage shall be
calculated based on gross site acres.
Response: The applicant has requested the application of zoning to the site. The zoning application has
been submitted concurrently with concurrent development applications. The requested zoning for Lots 1-5
is R1, consistent with the High Density Neighborhoods land use designation.
The requested zoning for Lot 6 is CC, which implements the Community Commercial land use
designation. Like the Neighborhood Centers/Main Street designation, Community Commercial is within
the Commercial Centers and Corridors category of the Comprehensive Plan and Zoning District Matrix
and is generally consistent with the Main Street land use designation.
The requested zoning is consistent with the assumed mix of zones shown in Table 2 of the South Cooper
Mountain Community Plan and will not result in a loss of housing capacity. See Table 1 below. The R1
zone is proposed for Lots 1 to 5, and the CC zone is proposed for Lot 6.
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Table 1. Demonstration of Consistency with SCMCP Table 2
Land Use Designation Gross
Acres
Gross
Residential
Acres
Assumed
Mix of Zones
Est / Min
Housing
Capacity
High Density 109 59 100% R1 1,090 / 950
Main Street 91 0 100% NS NA
Community Commercial 1.74 0 100% CC NA 1. The actual site area of the NS zone is 9.75 ac.
4. Amendments to the boundaries of Land Use Map designations may be proposed as individual
requests prior to development, or simultaneously when development is proposed. This policy is
intended to provide a means for the Land Use map and zoning to be aligned with site-specific
condition, and the placement of roads, housing densities, parks, schools and other development that
will occur incrementally over time.
Response: The entire subject site is designated High Density Neighborhoods, and no amendment to the
boundaries of the High Density Neighborhoods Land Use Map designations is requested. A new
designation of Community Commercial is requested for Lot 6.
5. All Land Use map amendments will be required to demonstrate consistency with all policies in the
South Community Plan in addition to applicable Comprehensive Plan policies, Development Code
requirements, and other applicable regulations. In addition, amendments to the Land Use Map will
provide a mix of land use designations and opportunities for a variety of housing types. The goal of
this policy is to ensure that South Cooper Mountains’ neighborhoods and livability are enhanced by
variety in the type and design of housing.
Response: No amendment to the boundaries of the High Density Neighborhoods Land Use Map
designations is requested. A new Land Use Map designation of Community Commercial is requested for
Lot 6. Consistency with Comprehensive Plan policies is addressed in Section III of this narrative.
Consistency with the South Cooper Mountain Community Plan is addressed in this section.
6. The City will support efforts by THPRD and Beaverton and Hillsboro School Districts to find, acquired
and develop appropriate sites for neighborhood parks and elementary schools within the Community
Plan area. The following location criteria shall guide the selection of appropriate sites: […]
Response: The South Cooper Mountain Community Plan does not identify a Neighborhood Park for this
site. An approximately 0.5 -acre site (Park A) is proposed at the northern termination of Street A. The
applicant is in discussions with THPRD to acquire and manage the park, which could be classified as a
small Neighborhood Park per the District’s Park Classifications.
a. Neighborhood Park:
i. Two to four acres per neighborhood park of unconstrained, relatively level land for active
recreation facilities
ii. Good frontage on a local street or Neighborhood Route with on-street parking
iii. Good connections to trails
iv. Focal points for neighborhoods, with walkable catchment areas
v. Co-location adjacent to a school is highly desirable
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Response: The South Cooper Mountain Community Plan does not identify a Neighborhood Park for
this site. The proposed Park A is approximately 0.5 acres in size and could be classified as a small
Neighborhood Park per the District’s Park Classifications.
b. Elementary Schools:
i. Eight to ten acres of unconstrained, relatively level land per elementary school
ii. Good access from Neighborhood Routes or Collector roads
iii. Generally not adjacent to an arterial road
iv. Focal points for neighborhoods, centrally-located within walkable attendance areas
v. Opportunities to co-locate schools adjacent to parks should be sought
Response: The South Cooper Mountain Community Plan does not identify an elementary school site
within this site, and no elementary school is proposed within this PUD. Scholls Heights Elementary
School is located east of the site on Loon Drive and Hazeldale Elementary is located to the north.
B. Neighborhoods and Housing
Neighborhood Framework
Existing topography, natural resources and existing and planned streets provide the backdrop for new
neighborhoods in the Community Plan area. Conceptual neighborhood areas have been drawn and
are illustrated as yellow subareas on Figure 8. (The purple subarea on Figure 8 is the site of the
planned BSD high school.) Each neighborhood is ½ mile or less across, representing a walking
distance of about 5 minutes from center of the neighborhood to its edge.
Response: Figure 8 below identifies the location of the subject site, along with the Main Street PUD site
to the east, as a Main Street Neighborhood.
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Housing Variety
Providing a variety of housing types can improve the aesthetic character of the neighborhoods by
avoiding large, monotonous areas of the same building form. A variety of housing also helps provide
different housing types for different income levels.
Table 4 below lists the housing types and supporting uses that are allowed within each of the zones that
will implement the Plan Designations of the Community Plan.
Response: Table 4 identifies the following uses and housing types for the R1 and NS zones; the
requested CC zone is not included in Table 4 but permits attached and detached housing outright rather
than conditionally as in the NS zone:
R1: Attached housing, detached housing allowed outright; schools, parks, churches and certain
other commercial & civic uses allowed conditionally
NS: Many commercial uses, including retail, service, eating and drinking establishments, and offices
allowed outright; attached and detached housing allowed conditionally; schools and parks allowed
outright, churches and certain other civic uses allowed conditionally.
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The proposed development includes attached housing on Lot 1 and a park (Park A) in Tract B. Design
Review approval has been requested for the attached housing uses; Conditional Use approval has been
requested for Park A.
Housing Affordability
Planning for a mix of housing types and densities allows construction of housing units that are
affordable to different income levels. The neighborhood adjacent to the Main Street is an appropriate
location for a small affordable housing development because it will be zoned for mixed use and high
density, will have local shops, and will be close to future transit. […]
Response: As shown in Table 2, this development includes 145 affordable family housing units on Lot 1.
The proposed housing will provide housing opportunities for various income levels and stages of life.
Table 2. Housing Affordability
Type of Units Number of Units Finding
Multifamily Residential 145 The proposed development
includes units affordable to
households earning 30 percent
and 60 percent AMI.
Neighborhood and Housing Policies
1. Development shall contribute to creating walkable neighborhoods. This policy is implemented by
demonstrating consistency with the neighborhood design principles listed below:
a. Clear focal points shall be provided. Focal points include but are not limited to: parks, schools,
community gathering spaces, neighborhood services (i.e. day care), scenic viewpoints, and/or
natural areas that are visually and physically accessible to the public. Residential developments
shall provide at least one focal point per 40 acres of gross site area. The decision-making
authority may require additional focal points or require provision of a focal point for smaller sites
in order to ensure that all neighborhoods have at least one focal point or to ensure cohesiveness
and legibility among adjacent developments.
Response: The site is 32.4 gross acres in size and one focal point is required. The proposed
development includes a ~0.5-acre park, Park A, at the northern terminus of Street B. This park will be
highly visible and will provide access to trail networks proposed adjacent to and through the natural
areas to the north of the site. Though not required, the natural areas in the northern portion of the site
also provide a focal point for residents and visitors, and the proposed trail system provides visual
access to the natural area on the High School site to the east.
b. A network of walkable blocks and trails, consistent with the Transportation Framework Plan and
the Bicycle and Pedestrian Framework Plan, shall be provided.
Response: The Transportation Framework Plan and Bicycle and Pedestrian Framework Plan
identify two facilities for the site: the extension of a Collector Road (Mountainside Way) and
continuation of a multi-use trail along the site’s Scholls Ferry Road frontage. In addition, multiuse
trails are anticipated in the northern portion of the site to connect to The Ridge PUD trail system to
the west, the Creek to Creek trail system to the north, and the School to School trail system to the
northeast.
c. The orientation of streets, blocks, development and/or trails shall be planned so that natural areas
are not “walled off”, but rather are as physically and visually accessible to the public as
practicable.
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Response: There are mapped wetlands in the northern portion of the site. A park (Park A) is
proposed adjacent to the wetlands to provide public visual access as well as physical access to a trail
system crossing the wetland.
d. The provision of parks shall be coordinated with the Tualatin Hills Park and Recreation District.
Response: The design of the multiuse trail along Scholls Ferry Road and in the northern portion of
the site have been coordinated with THPRD and designed to be consistent with the THPRD Trails
Master Plan. The applicant is in discussions with THPRD regarding the transfer of the 0.5-acre public
park (Park A) and the wetland areas to THPRD for ownership and maintenance.
2. Residential developments shall provide a variety of housing types consistent with the permitted uses
of applicable zone(s). The goal of this policy and implementing code standards is to ensure that, over
time and multiple individual development reviews, South Cooper Mountain’s neighborhoods and
livability are enhanced by variety in the type and design of housing in order to promote aesthetically
pleasing residential neighborhoods as well as opportunities for people of varying incomes and life
stages to live within the same neighborhood.
Response: The R1 zone to be applied to Lots 1-5 allows residential development by right. The
development of Lot 1 includes 145 multifamily dwellings that will be affordable to households earning 30-
60 percent AMI. The requested CC zone for Lot 6 also allows residential uses by right, as well as a range
of small-scale retail and commercial uses. This development could include multifamily dwellings, mixed-
use development, or commercial development.
3. The City will support efforts to provide affordable housing in South Cooper Mountain. The City will
evaluate the feasibility of pro-active involvement in affordable housing projects and supportive
programs benefiting South Cooper Mountain.
Response: The proposed development includes affordable housing. The City has been pro-actively
involved in the project design and has been supportive of the inclusion of affordable housing.
Main Street
[…]
The SCM Main Street is planned to be located adjacent to the planned BSD high school (see Figure 7
and 8), creating a community focal point and potential future transit node. Visibility from Scholls Ferry
Road, and proximity to the High School, are key location and site planning criteria for the Main Street.
It is planned to have a clear structure of blocks, and direct street and trail connections to the nearby
neighborhoods, the high school, and the emerging River Terrace neighborhood located to the south of
SCM in Tigard. Strong street, pedestrian and bike connections will support the success of the
businesses in the Main Street and reduce reliance on the automobile for future SCM residents to meet
their daily needs. The more pedestrian-oriented the Main Street is designed to be, the more it will
establish a unique identity and draw community use. […]
Response: Figure 8 indicates that the Main Street neighborhood includes the Bartholemy property (the
Main Street PUD) and the former Edmunds property (the Blackbird Farms PUD). This site is located west
of the Bartholemy/Main Street PUD property and is an extension of the Main Street neighborhood. The
site design has a clear block structure and direct street connections that extend Streets A and B of the
Main Street PUD to the north, extends Mountainside Way to the west to connect with The Ridge PUD
infrastructure, and establishes a new north-south Street C. The South Cooper Loop trail along the Scholls
Ferry Road site frontage will connect the trail sections to the west and east and will provide access to the
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River Terrace neighborhood via the signalized crossing at SW 175th Ave and Scholls Ferry Road. The
School to School trail on the High School site is extended through the subject site, though it terminates
approximately 10 ft. west of the property line between the school and the site. Strong street, pedestrian,
and bike connections have been incorporated into the site design, along with accommodation for future
transit service via Street C.
Main Street Policies
1. Plan the Main Street area to provide local shopping opportunities. Main Street should complement
and not compete with larger centers such as Progress Ridge.
Response: The CC zone is proposed for Lot 6. This zone allows a wide variety of residential and
commercial uses. The conceptual site concept includes approximately 60,000 sq. ft. of commercial uses
on Lot 6, which is expected to consist of neighborhood-serving retail and services.
2. Ensure that the Main Street area is designed as a pedestrian-oriented center that also provides for
excellent accessibility by car and bicycle.
Response: The Blackbird Farms PUD proposes to extend Main Street to the west and to provide
enclosure by locating residential buildings along the northern street frontage and commercial uses to the
south. This will have the effect of extending the “Main Street” feel of the Main Street PUD to the east.
Main Street is a local street with low-speed traffic volumes for a safe pedestrian experience.
Streets A, B, and C connect the southern portion of the site to the development and trail networks
planned for the northern portion of the site. These areas are accessible by pedestrians, bicycles, and
vehicles.
3. Ensure that the Main Street area is designed to have a complementary relationship with the adjacent
High School and associated civic and recreational uses. Access and pedestrian routes should be
coordinated. Uses within the Main Street should support the school district’s policies for healthy food
choices and active lifestyles.
Response: Though Mountainside High School is a closed campus, it is anticipated that students will like
in the future multifamily buildings within the Blackbird Farms PUD. The continuation of the South Cooper
Loop multi-use trail along Scholls Ferry Road, the continuation of the School to School trail onto the site,
the continuation of Main Street, and the construction of bike lanes on Mountainside Way and Scholls
Ferry Road will fill in gaps in the bicycle and pedestrian network and provide options for students
attending the school.
4. The design of the Main Street area should follow these principles:
a. Land uses and circulation should be organized into a series of walkable blocks.
Response: As noted in Figure 8 of the South Cooper Mountain Community Plan, the Main Street
area includes the Main Street PUD and the Blackbird Farms PUD. The site is organized into 5 blocks
by east-west Main Street, Mountainside Way, and Street A and north-south streets A, B, and C. This
block pattern provides pedestrian connectivity and ensures multiple options for traveling within the
development and to nearby developments.
b. Buildings should be oriented to the street along key routes. The City should consider tailored
building orientation standards so that the storefront character is continuous along the most active
edges of the blocks.
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Response: Design Review approval is requested for Buildings 1A, 1B, and 1C. The buildings on Lots
2-5 buildings are conceptual only. Overall, buildings are oriented toward the public street to provide
enclosure and eyes on the street. An exception is Buildings 1A, 1B, and 1C, which are oriented east-
west to maximize solar gain and to minimize the impacts of the lights from the Mountainside High
School sports fields to the east. Building 1C fronts on Mountainside Way and Buildings 1C and 1B
front on Street B, which is expected to be a key route for those traveling to Park A and the trail
network to the north.
c. Mixed use buildings, 2 stories and taller, are encouraged.
Response: Lots 1-5 are zoned R1 and mixed-use buildings are not generally permitted in this zone.
Buildings 1A, 1B, and 1C are 4 stories in height. The CC zone is requested for Lot 6 and allows
mixed-use development as well as single-use commercial or residential development.
d. Future transit should be anticipated and accommodated.
Response: The Main Street PUD site will accommodate a future bus layover. The design team has
coordinated with TriMet to confirm that the proposed Street C connection to Scholls Ferry Road would
allow passage of buses if TriMet chooses to route them through that area.
e. Public gathering spaces should be accommodated through a plaza, festival street, or parking
area that can be converted to Saturday-market type use during community events.
Response: The Blackbird Farms PUD includes multiple open spaces, including a 0.5-acre park at the
northern end of Street B (Park A) and a park within Tract C (Park C). This park is expected to expand
east in the future. These spaces are intended to complement the more urban spaces within the Main
Street PUD, including the “tree plaza” on Main Street and the future commercial plaza.
C. Transportation Streets
Figure 10: Community Plan Street Framework map.
Response: The proposed transportation network has been designed to be consistent with the
connections illustrated in Figure 10. The proposal extends the north-south Collector (Mountainside Way)
to the western site boundary, where it will connect with The Ridge PUD, and provides internal local
streets for circulation.
Street Policies
1. The streets planned for the Community Plan area are illustrated in Figure 10. The Beaverton
Transportation System Plan and Washington County Transportation System Plans will be updated
consistent with Figure 10 and will be the controlling documents for transportation planning. Should
conflicts arise between the maps in Chapter 6 of the City’s Comprehensive Plan and the maps in this
document, those in Chapter 6 shall prevail.
Response: The proposed transportation network has been planned in accordance with Figure 10 and
Comprehensive Plan Chapter 6 Transportation. Mountainside Way will be extended to the western
boundary of the site. Local streets provide internal circulation and reflect the block perimeter standards of
the development code. Additionally, all streets have been designed in accordance with the City’s EDM
(except in cases where exceptions are requested) and are in compliance with the Comprehensive Plan.
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2. The City of Beaverton will work with the Beaverton School District, the City of Tigard, Washington
County, Tualatin Valley Fire and Rescue, Tualatin Hills Park and Recreation District, and other
service providers to establish appropriate access and circulation serving the community.
Response: The City of Beaverton has worked with the referenced agencies to establish a circulation
pattern that connects with River Terrace to the south and includes a robust trail system to connect to the
schools and to the natural areas within the South Cooper Mountain area. The proposed development will
extend Mountainside Way to its western boundary and provide access via the existing signalized
intersection at Mountainside Way and Scholls Ferry Road and via Street C.
Source: South Cooper Mountain Community Plan
3. SW Scholls Ferry Road, SW 175th Avenue, and SW Tile Flat Road are under Washington County
jurisdiction. The City of Beaverton will coordinate with Washington County through transportation
facility design and land use regulations and review to recognize and balance the urban mobility needs
with the multi-modal urban community functions of these key roadways. The city will advocate for the
objectives for each street provided below during planning and design for improvement projects
affecting those streets within the Community Plan area.
[…]
b. SW Scholls Ferry Road adjacent to the Community Plan area should be designed to provide for
efficient movement of vehicles, including freight, but should also provide for safe bicycle and
pedestrian facilities, especially in the vicinity of the Main Street. The City of Beaverton will work
with City of Tigard and Washington County to explore coordinated access, and a pedestrian
crossing, in the vicinity of the high school and Main Street.
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Response: The proposed development will widen Scholls Ferry Road and provide both grade-
separated pedestrian and bicycle facilities and striped bike lanes. The street design will implement
Washington County and City of Beaverton requirements.
[…]
5. The new north-south Neighborhood Collector road from SW Scholls Ferry Road through the
Community Plan area is intended to provide connectivity through the Community Plan area.
Response: The new north-south Neighborhood Collector, now an existing street named Mountainside
Way, will be extended to the northern property line of the site to connect with the section that was
constructed with The Ridge PUD. This will create a complete connection from Scholls Ferry Road west to
Strobel Road and beyond.
6. North of SW Scholls Ferry Road, this new collector shall serve as the Main Street area of South
Cooper Mountain. The Main Street section of this Collector road shall be designated as a Major
Pedestrian Route. Pedestrian-oriented features appropriate to a Main Street and features that
encourage cars to travel more slowly through the Main Street area should be emphasized in design of
the road.
Response: Mountainside Way and Main Street cross through the center of the subject site. The portions
of these streets within the Blackbird Farms PUD are not designated as a Major Pedestrian Route and this
policy is not applicable.
7. The alignment of the North-South Collector shall account for, and not preclude, future extension to
the west to SW Grabhorn Road and south to serve Urban Reserve 6C.
Response: The proposed alignment of the north-south collector closely follows the alignment illustrated
in Figure 10 and does not preclude future extension to Grabhorn Road.
8. Within the Community Plan area, new neighborhoods shall be served and linked by a connected
network of streets. Neighborhood Route connections shall provide connectivity between
neighborhoods. The preferred network is illustrated in Figure 10. The City may permit flexibility to
adapt to site specific conditions and ownerships provided the conceptual network in Figure 10, or
equivalent, is provided.
Response: The proposed road network closely follows the alignment illustrated in Figure 10 and provides
a connected network of streets.
9. The City shall coordinate with Washington County to evaluate the need for, and feasibility of, any
proposed Neighborhood Route connections to Arterial roads.
Response: No Neighborhood Route connections to Arterial roads are proposed. A local street
connection, Street C, is proposed to Scholls Ferry Road. The development team and the City have been
coordinating with Washington County on the location and design of that connection.
10. In refining specific alignments for new roads identified on the Community Plan Street Framework map
through the development review or project design process, impacts to natural resources shall be
minimized to the extent possible while retaining key connections.
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Response: Neither Figure 10 nor the proposed development include road connections through the
natural resource area to the north.
11. Low Impact Development and “green street” techniques to manage stormwater runoff shall be
utilized whenever feasible in the design of new streets and urban upgrades within the SCM
Community Plan area, subject to the approval of the City Engineer.
Response: Low impact development approaches to stormwater runoff are used in the design of new
streets as well as site development. See Appendix B Preliminary Stormwater Report for details.
[…]
Bicycle and Pedestrian Framework Policies
Figure 11: Community Plan Bicycle and Pedestrian Framework map.
Response: The proposal contains the Scholls Ferry Road multi-use trail (the South Cooper Loop Trail)
shown on the Figure 11 map and the bicycle and pedestrian facilities shown within the Mountainside Way
right-of-way. The multiuse trail network extends to the northwest and northeast across the mapped
natural resource areas as indicated in Figure 11 and connects to the trail network of The Ridge
development to the west, the Scholls Valley Heights at South Cooper Mountain trail network to the
northwest, and the School to School trail to the northeast. The local streets include pedestrian facilities
and shared bicycle and vehicle facilities.
Source: South Cooper Mountain Community Plan
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1. Bicycle and Pedestrian Crossings: While the location and design of specific crossings points will be
determined through further site-specific engineering evaluation, safe, protected pedestrian crossing
opportunities should be provided near important pedestrian destinations, such as the future high
school site, when a need is demonstrated and such crossings can be appropriately and safely
designed and located, as determined by an engineering-level safety analysis.
Response: Bicycle and pedestrian crossings are proposed to occur at intersections. The Main Street
extension will provide a route to the proposed protected pedestrian crossing at Mountainside Way and
Main Street.
2. Trails: Trails within the Community Plan area shall be provided as shown on Figure 11; however, the
City may permit flexibility to adapt to site specific conditions and ownerships provided the conceptual
network in Figure 11, or equivalent, is provided. The following principles shall provide guidance in the
refinement of trail alignments within the Community Plan area:[…]
Response: The proposed development provides the multi-use trail as shown in Figure 11. Some minor
adjustments to the location of the Creek to Creek and School to School trails may be needed to respond
to CWS and DSL/Army Corps of Engineers permitting requirements.
[…]
D. Significant Natural Resources & Open Space Edges Natural Resource Policies
1. Locally significant wetlands and protected riparian corridors within the Community Plan area shall be
protected and enhanced, consistent with local, state, and federal regulations.
2. Development adjacent to significant natural resource areas shall be designed to provide visual and/or
physical access to the resource area and limit continuous rear lot line edges abutting a significant
natural resource through one or more of the following treatments of the open space edge.
a. parallel trail along the edge of the vegetated corridor with access points from adjacent roads and
community focal points;
b. local streets that run adjacent to the edge of the vegetated corridor, without development
between the street and the vegetated corridor; or
c. neighborhood parks, pocket parks, schools and similar uses that connect to the resource area
and provide breaks between developed areas abutting the resource.
Response: The site contains locally significant wetlands and riparian corridors. The proposed
development responds to these resource areas by providing an east-west trail north of Lot 2 which
provides access to proposed Park A and the trail network to the northwest and northeast. Park A
connects to the resource area and is intended to provide visual access to the resource areas and physical
access to the multiuse trail system. See Sheet C1.10 for an overall site plan and Sheet C1.04 for details.
E. Urban Forestry Management Urban Forestry Policies
1. The City shall explore options to encourage and incentivize tree planting and retention of mature
trees within the Community Plan area.
2. Tree Planting: Tree planting already required by City regulations (e.g. landscaped areas, street trees)
shall be maximized as a method to increase the tree canopy in the Community Plan area.
Response: Trees and vegetation will be addressed in accordance with Section 40.90. Existing trees will
be protected with a 5-foot-tall fence around the drip line during construction. Neither topsoil storage nor
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construction materials will be located within the drip line of the trees. All tree protection fences will be
placed in accordance with code standards to protect tree roots.
No significant individual trees or historic trees exist on the site. The site does contain Community Trees
on the project site. Sheets L1.03 to L1.06 include the Tree Data Table, which identifies attributes
including DBH, condition of the trees, and whether they will be removed.
3. Regionally Significant Upland Habitat within the SCM Community Plan area shall be protected
through application of the City’s existing tree protection standards and incentives for Habitat Benefit
Area preservation, as appropriate.
Response: Figure 12 identifies Regionally Significant Upland Habitat on the northern portion of the site.
Compliance of the development with the City’s tree protection standards (BDC 40.90) is addressed on
next page.
F. Scenic Views Scenic Views Policies
1. The city will encourage protection of view corridors for the enjoyment of adjacent neighborhoods and
the broader community on lands that currently offer views of the Chehalem Ridge. Viewpoints should
provide seating and space for passerby and should provide for the permanent protection of the view
through measures such as easements. Techniques for view corridor preservation may include:
a. Streets that “T, stub, or curve at a location offering a viewpoint, with a break between buildings;
b. Neighborhood or pocket parks situated to offer a viewpoint;
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c. Gaps between buildings with small seating areas adjacent to the sidewalk; and/or
d. Limitations on building heights down-slope from a viewpoint.
Response: The proposed development slopes downward from north to south towards Scholls Ferry
Road. Proposed Street B terminates at Park A, which will provide an uninterrupted view corridor to the
south. Street A turns east at a right angle north of Mountainside Way and will provide a view into the
natural areas beyond.
G. Infrastructure Provision Infrastructure Policies
1. Urban development not allowed without urban services.
Response: The proposed development will construct required infrastructure.
[…]
7. Alignment for new water and sewer. In identifying specific alignments for new water and sewer
infrastructure, impacts to natural resources shall be avoided or minimized to the extent possible.
Response: The proposed water and sewer alignments are located within existing and proposed public
and private rights-of-way. As shown in Sheet C4.00, the proposed water and sewer lines do not impact
the natural resources on site.
V. Compliance with Beaverton Development Code Title 20
A. 20.05. Residential Land Use Districts 20.05.15. Site Development Standards
Site Development Standards support implementing development consistent with the corresponding
zoning district. All superscript notations refer to applicable regulations or clarifications as noted in
footnotes below. [ORD 4584; June 2012]
Response: Development is proposed for Lot 1, which is subject to the development standards of the R1
zone. Compliance with those standards is demonstrated in Table 4 below.
20.05.20. Land Uses
The following Land Uses are Permitted (P), allowed with a Conditional Use (C) approval, or Prohibited (N)
as identified in the following table for the Residential Zoning Districts. All superscript notations refer to
applicable Use Restrictions Section 20.05.25.
Response: Development is proposed for Lot 1, which is subject to the use standards of the R1 zone.
Conditional Use approval has been requested for a Planned Unit Development and for proposed Park A.
The proposed uses are permitted or conditional uses in the R1 zone, as demonstrated in Table 3 below.
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Table 3. Land Use Categories and Specific Uses
Standard R1 Zone Proposed
Residential Dwellings (Attached) P Yes
Residential Dwellings (Planned
Unit Development)
C Yes
Recreation – Public Parks,
Parkways, Playgrounds, and
Related Facilities
C Yes
B. 20.10. Commercial Land Use Districts 20.10.15. Site Development Standards
Site Development Standards support implementing development consistent with the corresponding
zoning district. All superscript notations refer to applicable regulations or clarifications as noted in
footnotes below. [ORD 4584; June 2012]
Response: The requested zoning for Lots 1-5 is Residential Urban High Density (R1) and the requested
zoning for Lot 6 is Community Commercial (CC). Development is proposed on Lot 1; future development
on Lots 2-6 will be required to demonstrate conformance with these development standards at the time of
development.
Conformance with the development standards of both the R1 and CC zones are evaluated in Table 3
below. See Sheets C3.02 and C3.03 for specific setback information for the proposed Lot 1 development.
Table 4. Development Standards
Standard R1 Zone CC Zone Proposed Findings
Minimum Land Area
(Residential
Attached)
1,000 sq. ft. /unit 1,000 sq. ft./unit
Lot 1: 4.78
ac/208,217 sq. ft.
As shown in Sheet C1.21,
Lot 1 is 4.78 ac (208,217
sq. ft.) in area and can
support up to 208 dwelling
units. Buildings 1A, 1B,
and 1C include 145
dwelling units. This
standard is met.
Minimum Lot Width Interior: 15 ft.
Corner: 20 ft.
None Lot 1: ~740 ft.
Lot 2: ~300 ft.
Lot 3: ~290 ft.
Lot 4: ~290 ft.
Lot 5: ~300 ft.
Lot 6: ~290 ft.
The lots exceed the
minimum lot width.
Minimum Lot Depth None None Lot 1: ~310 ft.
Lot 2: ~330 ft.
Lot 3: ~200 ft.
Lot 4: ~260 ft.
Lot 5: ~275 ft.
Lot 6: ~240 ft.
The proposed lots meet the
minimum lot depth
requirements.
Minimum Front Yard
Setback
10 ft. None See Sheets C3.02
and C3.03
The proposed buildings on
Lot 1 exceed the 10 ft. front
yard setback along
Mountainside Way.
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Standard R1 Zone CC Zone Proposed Findings
Minimum Rear Yard
Setback
15 ft. None See Sheets C3.02
and C3.03
Buildings 1A, 1B, and 1C
are adjacent to a natural
resource area and south of
a future park. The future
park is zoned AF-20. The
rear yard setback exceeds
15 ft.
Minimum Side Yard
Setback
Attached: 0 ft.
Detached: 5 ft.
Abutting lower
density
residential: 10 ft.
PUD: 3 ft.
None Building 1A: 3.5 ft.
See Sheets C3.02
and C3.03
The proposed development
on Lot 1 does not abut
lower density residential,
and there is no minimum
setback per the R1 zone.
However, the PUD setback
provisions of 60.35.10.3.D
apply.
Maximum Building
Height
60 ft. 60 ft. Building 1A: 51 ft. 2
in.
Building 1B: 51 ft. 2
in.
Building 1C: 51 ft.
2 in.
The proposed buildings
meet the maximum
building height.
C. 20.25 Density Calculations 20.25.05. Minimum Residential Density.
A. New residential development in all Residential, Commercial, and Multiple Use districts which permit
residential development must achieve at least the minimum density for the zoning district in which
they are located. Projects proposed at less than the minimum density must demonstrate on a site
plan or other means, how, in all aspects, future intensification of the site to the minimum density or
greater can be achieved without an adjustment or variance. If meeting the minimum density will
require the submission and approval of an adjustment or variance application(s) above and beyond
application(s) for adding new primary dwellings or land division of property, meeting minimum density
shall not be required.
For the purposes of this section, new residential development shall mean intensification of the site by
adding new primary dwelling(s) or land division of the property. New residential development is not
intended to refer to additions to existing structures, rehabilitation,
renovation, remodeling, or other building modifications or reconstruction of existing structures.
Minimum residential density is calculated as follows:
1. Refer to the definition of Acreage, Net. Multiply the net acreage by 0.80.
2. Divide the resulting number in step 1 by the minimum land area required per dwelling for the
applicable zoning district to determine the minimum number of dwellings that must be built on the
site.
3. If the resulting number in step 2 is not a whole number, the number is rounded to the nearest
whole number as follows: If the decimal is equal to or greater than 0.5, then the number is
rounded up to the nearest whole number. If the decimal is less than 0.5, then the number is
rounded down to the nearest whole number.
Response: The site density calculations are shown on Sheet C1.07. The minimum required density for
the site is 373 dwelling units; 373 dwelling units are proposed.
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Approval of Lot 1 development is requested with this application. As shown on Sheet C1.07, the minimum
density for Lot 1 is 154 dwelling units, and 145 dwelling units are proposed. Residential Density
Averaging is requested to accommodate the minimum PUD dwelling unit requirement of 373 total units.
B. Residential Density Averaging. Within a single land use zone, residential densities may be averaged
across a property in order to allow for a variety of housing types, provided that the property is within a
single, contiguous ownership, except that within a PUD may be averaged across multiple land use
zones provided that the applicant demonstrates that the proposed development is compatible with
existing and planned development on neighboring parcels. For the purposes of this standard,
properties within a single, contiguous ownership also include those properties separated only by a
street. [ORD 4584; June 2012]
Response: Lots 1 to 5 will be zoned R1. Residential density averaging is requested to accommodate the
minimum density of 373 units throughout the site. As shown on Sheet C1.07, Lots 1 will accommodate
145 units and Lots 2 to 5 will accommodate the remaining 228 dwelling units.
The R1 zone anticipates high density multifamily residential development, similar to The Ridge PUD to
the west. The site also abuts the R4 and R7 zones to the northwest, and is separated from those areas
by the natural resource areas to the north. The Mountainside High School to the east is also zoned R1
but is developed with a large-scale institutional use (a school). The Main Street PUD to the southeast is
approved for mixed-use development that will be compatible with the proposed density on the Blackbird
Farms PUD site.
C. South Cooper Mountain Community Plan. Within the South Cooper Mountain Community Plan Table
2: Land Use Designations and Capacity Estimates outlines the density capacity expectations for
development of land within the South Cooper Mountain Community Plan Area. The Land Use
Implementation Policies of the Community Plan include policies that outline application of zoning and
deviations from the capacity estimates of Table 2. [ORD 4652; February 2015]
Response: The site is within the South Cooper Mountain Community Plan. Table 2 estimates the housing
capacity of the Community Plan area at 3,530 dwelling units and establishes a minimum housing capacity
of 2,900. According to data provided by City staff, 2,900 dwelling units have received land use approvals
within the Community Plan area. The proposed Blackbird Farms PUD proposes an additional 373
dwelling units, which brings the total number of approved dwelling units within the Community Plan area
to 3,363.
VI. Compliance with Beaverton Development Code Title 40
A. 40.03. Facilities Review Committee Consistent with Section 10.95.4. (Facilities Review Committee) of this Code, the Facilities Review
Committee shall review the following Type 2 and Type 3 land use applications: all Conditional Use,
Design Review Two, Design Review Three, Public Transportation Facility Reviews, Street Vacations, and
applicable Land Divisions. Applicable land division applications are Replats, Partitions, Subdivisions, Fee
Ownership Partitions, and Fee Ownership Subdivisions. In making a recommendation on an application
to the decision-making authority, the Facilities Review Committee shall base its recommendation on a
determination of whether the application satisfies all the following technical criteria. The applicant for
development must establish that the application complies with all relevant standards in conformance with
Section 50.25.1.B., and all the following criteria have been met, as applicable.
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Response: The proposal is for a Conditional Use, Design Review Three, and Land Division - Subdivision
application and is subject to this chapter.
40.03.1. All Conditional Use, Design Review Two, Design Review Three, and applicable Land
Division applications:
A. All critical facilities and services related to the proposed development have, or can be improved to
have, adequate capacity to serve the proposed development at the time of its completion.
Response: Chapter 90 of the Development Code defines “critical facilities” to be services that include
public water, public sanitary sewer, storm water drainage and retention, transportation, and fire
protection. Critical facilities and services are either in place or will be at the time of completion of
development as described below.
Public Water
Public water supply for the site will be provided by the City of Beaverton. Water lines will be constructed
within the proposed rights-of-way within the development and will connect to the existing 24-inch main
line located in Mountainside Way.
Public Sanitary Sewer
Sanitary sewer service will be provided by the City of Beaverton via the CWS pump station and force
main in River Terrace. Stormwater facilities are subject to Slopes V and CWS standards. A Composite
Utility Plan is included as Sheet C1.30, and a preliminary stormwater management plan is included as
Appendix B. See Appendix C for a Service Provider Letter from CWS.
Stormwater Drainage, Treatment, and Detention
Storm drainage collection and treatment for this area is the responsibility of City of Beaverton. The
proposed stormwater management approach includes the Blackbird Farms PUD as well as a portion of
Street A within the Main Street PUD site boundaries. A Preliminary Stormwater Management Plan for the
project is included as Appendix B. This Preliminary Stormwater Management Plan outlines compliance
with the Clean Water Services’ (CWS) 2019 Design & Construction Standards.
Transportation
Sheet C5.00 illustrates proposed street cross sections for Mountainside Way, Scholls Ferry Road, and
the proposed internal local streets. Access to the site is proposed by the extension of SW Mountainside
Way, an existing Collector Street. Street A is extended north from the Main Street PUD to the south; the
southern terminus has been revised from an emergency fire access to a cul-de-sac. Street A is
anticipated to provide access to Lots 2, 3, 4, 5, and 6. Street B extends north from Mountainside Way and
is anticipated to provide access to Lots 1 and 2. Main Street extends west from Street A and connects
Mountainside Way, Street B, and Street A. Street C is a new local north-south street that intersects
Scholls Ferry Road to the south. This street will be restricted to right-in/right-out and is anticipated to
provide access to Lot 6. A Traffic Impact Analysis (TIA) completed by Global Transportation Engineering
is included as Appendix D.
Figure 10: Community Plan Street Framework (see below) identifies the street and circulation framework
for the South Cooper Mountain area. The proposed development includes extension of the Mountainside
Way collector street to the west and widening Scholls Ferry Road to the south. A new local Street C is
proposed to intersect Scholls Ferry Road and provide access to Lot 6 to the east and The Ridge PUD
multifamily to the west. This portion of Mountainside Way will connect with the Main Street PUD extension
to the east and the existing Ridge PUD extension to the west, completing the circulation network. See
Sheet C1.10 for details.
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As described by the South Cooper Mountain Community Plan, a network of public local streets will be
developed through the site. Except for Street A, which is a modified L1 street section, local through
streets will be developed to the City of Beaverton L1 standards.
Fire Protection
Fire protection will be provided to the site by Tualatin Valley Fire and Rescue Department (TVF&R).
Primary and secondary emergency access is required throughout the proposed development for
emergency vehicle access. The proposed emergency access is provided via Mountainside Way, Main
Street, and Street C. The Street A emergency access approved with the Main Street PUD has been
modified with this application and will no longer be needed for emergency access. See Sheets FS-1 and
FS-2. Emergency access for Lot 1 will be provided at the southern and norther end of the parking lot and
fire circulation is provided east of the buildings.
Fire hydrants will be installed as directed by City of Beaverton and the Tualatin Valley Fire and Rescue
District.
Phasing
As shown in Sheets C1.05A-E, critical facilities will be provided by phase as follows:
Phase 1/Lot 1
This phase will include the installation of water, sewer, and storm drain located within Street B, SW
Mountainside Way, and Street A south of SW Mountainside Way. Street B will be constructed with this
infrastructure. Phase 1 will require the installation of the sewer main in Scholls Ferry Road and the portion
in Street A south of SW Mountainside.
Subject site
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Phase 1 requires the construction of the storm water pond and associated outfall located at the
intersection of Street C and SW Mountainside Way and the storm water pond and associated outfall at
the south end of Street A to detain and treat storm water runoff from the public roadway improvements
associated with Phase 1. This phase also requires construction of the drainage system in the east/west
portion of Street A out-falling to the wetlands.
Access to Lot 1 will be provided through the Mountainside Way and Street B public rights-of-way and no
additional access easements are required.
As shown on Sheet C1.04, Tract C/Park C will be constructed with Phase 1. Access to the park will be
provided by the extension of Mountainside Way and Street A, and utilities will be provided by the Phase
1/Lot 1 utility extensions.
Phase 2 - Lots 2 and 3
Development of Lots 2 and 3 will require the completion of the Phase 1 public roadway and utility
improvements and the associated Street A frontage improvements completing the loop connecting SW
Mountainside to Street B. Street A improvements will include installation of the water, sewer, and storm
drain systems contained in the roadway.
Access to Lots 2 and 3 will be provided through the Street A and B public rights-of-way and no additional
access easements are required.
Phase 3 - Lot 4
Development of Lot 4 will require the completion of the Phase 1 public roadway improvements and the
associated Street A frontage improvements extending north from SW Mountainside Way. Lot 4 would
require the extension of water and sewer north from the SW Mountainside Way intersection through the
frontage. The Lot 4 storm water system is independent of the public drainage system as detention, and
treatment will be provided on site and Lot 4 will outfall north to the wetlands.
Access to Lot 4 will be provided through public rights of way and no additional access easements are
required.
Phase 4 - Lot 5
Development of Lot 5 will require the completion of the Phase 1 public roadway and utility improvements
and associated Street A, Main Street and Street C frontage improvements.
Lot 5 drains south to Scholls Ferry Road and will require the installation of the storm drain system in
Street C and west into Scholls Ferry Road. Lot 5 improvements will also need to include the construction
of the storm water pond at the intersection of Scholls Ferry Road and Street C to detain and treat storm
water runoff from the public frontage improvement adjacent to the lot.
Access to Lot 5 will be provided through the Mountainside Way and Street A public rights-of-way and no
additional access easements are required.
Phase 5 - Lot 6
Development of Lot 6 will require the completion of the Phase 1 public roadway and utility improvements
and associated Street A, Main Street and Street C frontage improvements.
Lot 6 drains south to Scholls Ferry Road and will require the installation of the storm drain system in
Street C and west into Scholls Ferry Road. Lot 5 improvements will also need to include the construction
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of the storm water pond at the intersection of Scholls Ferry Road and Street C to detain and treat storm
water runoff from the public frontage improvement adjacent to the lot.
Lot 6 will trigger the widening and installation of the associated storm water improvements on Scholls
Ferry Road.
Access to Lot 6 will be provided through the Street C and Scholls Ferry Road public rights-of-way and no
additional access easements are required.
B. Essential facilities and services related to the proposed development are available, or can be made
available, with adequate capacity to serve the development prior to its occupancy. In lieu of providing
essential facilities and services, a specific plan may be approved if it adequately demonstrates that
essential facilities, services, or both will be provided to serve the proposed development within five (5)
years of occupancy.
Response: Chapter 90 of the Development Code defines “essential facilities” to be services that include
schools, transit improvements, police protection, and pedestrian and bicycle facilities in the public right-of-
way. Essential facilities and services are either in place or will be at the time of completion of
development as described below.
Police Protection
The site will be served by the City of Beaverton Police Department.
Schools
The site is located within the Beaverton School District (BSD) and will be served by Hazeldale Elementary
School; Conestoga Middle School; and Mountainside High School.
Per the service provider letter dated September 24, 2020, the Beaverton School District has provided
comments addressing the anticipated impacts of the subject project to the District. In summarizing their
comments, the District has indicated that the proposal will result in a moderate impact to schools in the
area and anticipates sufficient capacity to accommodate new students from the proposed development.
See Appendix H.
Transit Improvements
The site is not currently served by transit. Per the South Cooper Mountain Community Plan policies for
the Main Street area and current discussions regarding extension of TriMet service to South Cooper
Mountain, a future bus route has been anticipated on Street C. Currently, the nearest TriMet bus line is
Route 92, the South Beaverton Express, which stops at the intersection of SW Scholls Ferry Road/SW
Teal Boulevard/SW Horizon Boulevard (approximately 1.5 miles east of the project site) and the
standards of this section are not applicable.
Pedestrian and Bicycle Facilities in the Public Right-of-Way
The applicant will dedicate sufficient right-of-way to accommodate the desired arterial cross-section for
SW Scholls Ferry Road; the desired 3-lane neighborhood route cross-section for Mountainside Way
(including bike lanes and sidewalks); and the desired 2-lane local street cross-section for Streets A, B,
and C. The circulation network was planned in accordance with the South Cooper Mountain Community
Plan, and all streets are designed in accordance with the City of Beaverton’s Engineering Design Manual
(EDM) except where exceptions/modifications have been requested.
The proposed development includes the South Cooper Loop multi-use trail illustrated in Figure 11 of the
South Cooper Mountain Community Plan and Figure ES-5 of the South Cooper Mountain Concept Plan
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along the southern boundary of the site. The proposed development also includes portions of the Creek
to Creek and School to School trail network to the north.
Phasing
Phase 1/Lot 1
Mountainside Way and Street B will be constructed with Phase 1. Mountainside Way will include bicycle
lanes and sidewalks per the Collector cross-section and the South Cooper Mountain Community Plan.
Street B will include sidewalks and shared bicycle facilities. Phase 1 will also construct Parks A, B, and C
and the multi-use trail network to the north of Lots 1, 2, and 4.
Phase 2 - Lots 2 and 3
Development of Lots 2 and 3 will require the completion of the Phase 1 public roadway and utility
improvements and the associated Street A frontage improvements completing the loop connecting SW
Mountainside to Street B. Street A is a local street and will include sidewalks and shared bicycle facilities.
Phase 3 - Lot 4
Development of Lot 4 will require the completion of the Phase 1 public roadway improvements and the
associated Street A frontage improvements extending north from SW Mountainside Way.
Phase 4 - Lot 5
Development of Lot 5 will require the completion of the Phase 1 public roadway and utility improvements
and associated Street A, Main Street and Street C frontage improvements. Main Street and Street C are
local streets and will include sidewalks and shared bicycle facilities.
Lot 5 drains south to Scholls Ferry Road and will require the installation of the storm drain system in
Phase 5 - Lot 6
Development of Lot 6 will require the completion of the Phase 1 public roadway and utility improvements
and associated Street A, Main Street and Street C frontage improvements.
Development of Lot 6 will trigger the widening of Scholls Ferry Road and construction of the multi-use trail
along the site frontage as well as striped bike lanes.
C. The proposed development is consistent with all applicable provisions of Chapter 20 (Land Uses)
unless the applicable provisions are modified by means of one or more applications which shall be
already approved or which shall be considered concurrently with the subject application; provided,
however, if the approval of the proposed development is contingent upon one or more additional
applications, and the same is not approved, then the proposed development must comply with all
applicable provisions of Chapter 20 (Land Uses).
Response: The proposed development is consistent with all applicable provisions of Chapter 20 as
adjusted through the Planned Development process. Compliance with Chapter 20 is addressed in Section
V of this narrative.
D. The proposed development is consistent with all applicable provisions of Chapter 60 (Special
Requirements) and all improvements, dedications, or both, as required by the applicable provisions of
Chapter 60 (Special Requirements), are provided or can be provided in rough proportion to the
identified impact(s) of the proposed development.
Response: Relevant provisions related to this chapter include Section 60.30 Off-Street Parking and
Section 60.55 Transportation Facilities.
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Off-Street Parking (Section 60.30)
According to this section, attached dwellings require between 1.25 and 1.75 off-street parking space per
unit, depending on the number of bedrooms. Buildings 1A, 1B, and 1C are proposed for development with
this application. These buildings contain 145 attached dwelling units and require a total of 223 vehicle
parking spaces; 223 are proposed.
A Parking Determination request has been requested for Park A. Section 60.30 does not list a “park” as a
land use and no parking ratios for parks are identified. Because Park A will be a small neighborhood park,
and visitors will largely arrive on bicycle and by foot, no parking is proposed.
Transportation Facilities (Section 60.55)
The Traffic Impact Analysis prepared by Global Transportation Engineering states that 4,630 net new
daily total trips will be generated from the proposed development. See Appendix D.
Any block that is longer than 600 ft. requires pedestrian/bicycle connections through the block. Lot 1
exceeds 600 ft. in length. However, the eastern boundary of Lot 1 is an existing retaining wall and
through-block connections are not possible. A robust internal site circulation network is proposed.
E. Adequate means are provided or can be provided to ensure continued periodic maintenance and
necessary normal replacement of the following private common facilities and areas, as applicable:
drainage facilities, roads and other improved rights-of-way, structures, recreation facilities,
landscaping, fill and excavation areas, screening and fencing, ground cover, garbage and recycling
storage areas, and other facilities not subject to maintenance by the City or other public agency.
Response: The owner, Blackbird Farms LLC, will retain ownership of Lot 1 and will be responsible for
maintenance of the site. Lots 2-6 will be developed by others, and those others will be responsible for
maintaining those improvements.
F. There are safe and efficient vehicular and pedestrian circulation patterns within the boundaries of the
development.
Response: A network of roadways has been developed to safely move people among destinations within
the neighborhood and beyond. With the exception of Street A, which includes a modified L1 street
section, each of the local streets within the site (Main Street, Street A, Street B, and Street C) have been
designed to meet the City’s L1 local street standards and include sidewalks on both sides of the street.
The proposed street grid meets the City’s minimum and maximum intersection spacing standards (100
feet and 530 feet, respectively).
G. The development’s on-site vehicular and pedestrian circulation systems connect to the surrounding
circulation systems in a safe, efficient, and direct manner.
Response: The proposed on-site vehicular and pedestrian circulation provides the following connections
to the surrounding circulation systems:
▪ Pedestrian access from the Mountainside Way sidewalks to the Scholls Ferry Road sidewalks via
Mountainside Way, Street A, and Street C
▪ Pedestrian, bicycle, and vehicle access from Scholls Ferry Road to Mountainside Way
▪ Pedestrian and bicycle access via the extension of the South Cooper Loop multi-use trail along the
southern site boundary
▪ Pedestrian, bicycle, and vehicle access to properties to the west via Mountainside Way
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▪ Multiuse trail connections to the west, and future trail connections to the northwest and northeast
H. Structures and public facilities serving the development site are designed in accordance with adopted
City codes and standards and provide adequate fire protection, including, but not limited to, fire flow.
Response: Specific details regarding fire flow and hydrant placement will be reviewed by TVFR during
site development and building permit stages. Preliminary locations have been approved as noted on the
TVFR SPL included as Appendix E.
I. Structures and public facilities serving the development site are designed in accordance with adopted
City codes and standards and provide adequate protection from crime and accident, as well as
protection from hazardous conditions due to inadequate, substandard or ill-designed development.
Response: All streets and public facilities are designed in accordance with adopted City codes and
standards except where design modifications or exceptions have been requested. The development
includes streetlights, which will provide adequate protection from crime or vehicular accidents.
Development permits will be submitted for life and safety review prior to site development.
J. Grading and contouring of the development site are designed to accommodate the proposed use and
to mitigate adverse effect(s) on neighboring properties, public right-of-way, surface drainage, water
storage facilities, and the public storm drainage system.
Response: Site grading is subject to the standards of Subsection 60.15.10 Grading, and the grading of
new streets is required to meet the applicable standards of the EDM. Compliance with 60.15.10 is
detailed in the responses to that section, below. Compliance with Section 210 of the EDM will be
reviewed with the Site Development Permit for the development. See Sheets C2.00 to C2.22 for details.
As noted in the grading plans, area of mass grading/stockpile are proposed outside of Lot 1. Although the
conceptual grading follows the “design” grade of the Lots 2,3 and 4, the grading has not been fully refined
as the ultimate development of those lots is unknown. The amount of dirt added to each lot makes the
Phases (Phase 2[lots 2 and 3] and Phase 3 [lot 4]) approximately balanced based on the design grades
for those lots.
K. Access and facilities for physically handicapped people are incorporated into the development site
and building design, with particular attention to providing continuous, uninterrupted access routes.
Response: The street network and facilities are designed in accordance with the City of Beaverton’s
EDM to provide accessibility as required. Any required on-site pedestrian routes will meet the standards
of the American with Disabilities Act (ADA). ADA ramps will be provided within the development to
facilitate accessible travel. In addition, the applicant is committed to the tenets of Universal Design, which
encourage access for people of all ages and abilities.
L. The application includes all required submittal materials as specified in Section 50.25.1. of the
Development Code.
Response: This application includes all required submittal materials specified in this section.
B. 40.15. Conditional Use 40.15.15. Application.
There are seven (7) Conditional Use applications which are as follows: Interim Washington County Uses
Type 1, Minor Modification of a Conditional Use, Interim Washington County Uses Type 2, Major
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Modification of a Conditional Use, New Conditional Use, Planned Unit Development, and Modification of a
Nonconforming Use
[…]
3. New Conditional Use.
A. Threshold. An application for a New Conditional Use shall be required when the following
threshold applies:
1. The proposed use is Conditionally permitted in the underlying zoning district and a prior
Conditional Use approval for the proposed project is not already in effect.
[…]
B. Procedure Type. The Type 3 procedure, as described in Section 50.45 of this Code, shall apply to
an application for a New Conditional Use. The decision-making authority is the Planning
Commission.
C. Approval Criteria. In order to approve a New Conditional Use application, the decision-making
authority shall make findings of fact based on evidence provided by the applicant demonstrating
that all the following criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Conditional Use application.
Response: The proposed development includes a park, which is Conditionally permitted in the
R1 zoning district. The threshold of 3.A.1 has been met.
2. All City application fees related to the application under consideration by the decision- making
authority have been submitted.
Response: All required fees have been submitted with this application.
3. The proposal will comply with the applicable policies of the Comprehensive Plan.
Response: See Section III of the narrative for demonstration of compliance with the Beaverton
Comprehensive Plan and Section IV of the narrative for demonstration of compliance with the
South Cooper Mountain Community Plan. This criterion is met.
4. The size, dimensions, configuration, and topography of the site and natural and man- made
features on the site can reasonably accommodate the proposal.
Response: Park A is proposed within Tract B. As shown on Sheet C1.22, Tract B is 0.48 ac in
area. This is the minimum size that is acceptable to THPRD for the establishment of a
Neighborhood Park. The size, dimensions, configuration, and topography of the site are
appropriate for a park. As shown in Sheet L2.04, the proposed park will include a mixture of
active and passive areas, including seating, a play area, an open grassy lawn, and a connection
to the multimodal trails to the north. This criterion is met.
5. The location, size, and functional characteristics of the proposal are such that it can be made
reasonably compatible with and have a minimal impact on livability and appropriate use and
development of properties in the surrounding area of the subject site. [ORD 4473; March
2008]
Response: Tract B abuts proposed Lot 1 residential development to the east, the natural
resource area to the north, and Lot 2 future residential development to the west. The design of
the park draws the active areas to the north and the south and provides buffering on the west and
east sides to minimize impacts to the residential buildings. As shown in Sheet L2.04, a
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combination of landscaping and walkways delineate the private residential lots from the public
park, while allowing for observation of park activities. This criterion is met.
6. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence.
Response: This application includes this Conditional Use application with associated
applications. This criterion is met.
D. Submission Requirements. An application for a Conditional Use shall be made by the owner of
the subject property, or the owner’s authorized agent, on a form provided by the Director and
shall be filed with the Director. The Conditional Use application shall be accompanied by the
information required by the application form, and by Section 50.25. (Application Completeness),
and any other information identified through a Pre-Application Conference.
Response: The application has been made by the owner of the property and includes the required
information. This criterion is met.
[…]
6. Planned Unit Development.
A. Threshold. A Planned Unit Development is an application process which:
1. May be chosen by the applicant when one or more of the following thresholds apply: [ORD
4578; March 2012]
a. The Planned Unit Development (PUD) may be applied to Commercial, Industrial, Multiple
Use, and Residential properties that are 2 acres or greater in size within any City zoning
district. [ORD 4584; June 2012]
[…]
[…]
3. Is required for proposed residential development of a site that is equal to or greater than 10
acres, including all phases, and located within the South Cooper Mountain Community Plan
Area
[…]
C. Approval Criteria. In order to approve a PUD application, the Planning Commission shall make
findings of fact based on evidence provided by the applicant demonstrating that all the following
criteria are satisfied:
1. The proposal satisfies the threshold requirements for a PUD application.
Response: The proposed development is 32.4 acres in area and is located in the South Cooper
Mountain Community Plan Area, and Planned Unit Development review is required per 6.A.3
above. This criterion is met.
2. All City application fees related to the application under consideration by the decision-making
authority have been submitted.
Response: All required fees have been submitted with this application. This criterion is met.
3. The proposal meets the Site Development Requirement for setbacks within the applicable
zoning district for the perimeter of the parent parcel unless otherwise provided by Section
60.35. [10].03.
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Response: The site is currently zoned Washington County AF-20 and does not currently have
City of Beaverton zoning. The proposal will apply the R1 zoning district to Lots 1-5 and the CC
zoning district to Lot 6. The site is bounded by Scholls Ferry Road (an arterial) and the
Washington County AF-20 zone to the south; the R4 zone/Ridge PUD to the northwest; the R1
zone/Ridge PUD to the southwest; the R7 zone/Scholls Valley Heights at South Cooper Mountain
PUD to the northwest; the AF-20 zone/future THPRD park to the north; the R1 zone/Mountainside
High School to the northeast, and the NS zone/Main Street PUD to the southeast.
The “front yard” of the site is Scholls Ferry Road to the south. There is a 10 ft. minimum front yard
setback in the R1 zone and no front yard setback in the CC zone. There are no R1 properties
adjacent to Scholls Ferry Road.
The “rear yard” of the site is the northern property line. The rear yard setback in the R1 zone is 15
ft. and all proposed structures on Lot 1 are well beyond 15 ft. from the northern property lines.
The “side yards” of the site are the western and eastern boundaries. There are is a 5 ft. side yard
setback in the R1 zone and no side yard setback in the CC zone (Lot 6) when abutting a street.
As shown on Sheets C3.03 and C3.04, the proposed buildings on Lot 1 are at least 5 ft. from the
property line.
This criterion is met.
4. The proposal complies with the applicable policies of the Comprehensive Plan.
Response: See Section III of the narrative for demonstration of compliance with the Beaverton
Comprehensive Plan and Section IV of the narrative for demonstration of compliance with the
South Cooper Mountain Community Plan. This criterion is met.
5. The size, dimensions, configuration, and topography of the site and natural and man-made
features on the site can reasonably accommodate the proposal.
Response: Lots 1-5 are proposed for residential use, and Lot 6 is proposed for non-residential
uses. The site is 32.4 acres in area, which is adequate to provide both the proposed residential
and non-residential uses desired by the Main Street Neighborhood designation and the R1 zone.
The proposed residential uses are located on Lots 1-5 to preserve the key Scholls Ferry Road
frontage for non-residential uses, which require greater visibility. Each of the proposed lots is
larger than 1 acre in area, which is adequate to accommodate the residential uses and
associated parking as well as the non-residential uses proposed for Lot 6.
This criterion is met.
6. The location, size, and functional characteristics of the proposal are such that it can be made
reasonably compatible with and have a minimal impact on livability and appropriate
development of properties in the surrounding area of the subject site.
Response: The proposed residential uses are permitted outright in both the requested R1 and
CC zones. The proposed park use for Tract A is permitted conditionally in the R1 zone and is
addressed above. The proposed non-residential/commercial uses on Lot 6 require higher visibility
and so are placed along Scholls Ferry Road and Mountainside Way. However, impacts to
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adjacent properties will be minimal as visitors will access the site via Mountainside Way, a
collector road, and Street C, a new local street providing direct access to businesses on the site.
The site abuts The Ridge PUD to the west; the Scholls Valley Heights PUD to the northwest; a
future THPRD park to the north; Mountainside High School, an institutional use, to the northeast;
and the Main Street PUD to the southeast. The site is bounded on the south by Scholls Ferry
Road, and agricultural uses beyond.
The site is separated from adjacent development by both natural and physical buffers. The
natural areas on the northern portion of the site separate the proposed development on Lots 2
and 4 from The Ridge PUD to the west and the Scholls Valley Heights PUD to the northwest; the
future development will be separated from lower-density development by hundreds of feet.
The proposed residential development on Lot 1 is separated from Mountainside High School to
the east by a retaining wall, and potential impacts from the sports field lights have been
addressed by orienting the buildings east-west instead of north-south.
The site has been designed in accordance with the South Cooper Mountain Community Plan,
which identifies transportation infrastructure and general development densities and types for the
subject property as well as the properties immediately adjacent. The proposed development will
be reasonably compatible with and will not limit the appropriate development of adjacent
properties. This criterion is met.
7. The width of proposed lots or staggering of building setbacks within detached residential
developments vary so as to break up the monotony of long blocks and provide for a variety of
home shapes and sizes, while giving the perception of open spaces between homes.
Response: No detached residential development is proposed. This criterion is not applicable.
8. The lessening of the Site Development Requirements results in significant benefits to the
enhancement of site, building, and structural design, preservation of natural features and the
surrounding neighborhood as outlined in Section 60.35.15.
Response: No reductions to the Site Development Requirements of the R1 zone are proposed
for the development of Lot 1. This criterion is not applicable.
9. The proposal provides improved open space that is accessible and usable by persons living
nearby. Open space meets the following criteria unless otherwise determined by the Planning
Commission through Section 60.35.15.:
a. The dedicated land forms a single parcel of land except where the planning commission
determines two (2) parcels or more would be in the public interest and complement the
overall site design.
b. The shape of the open space is such that the length is not more than three (3) times the
width the purpose of which is to provide usable space for a variety of activities except
where the Planning Commission determines a greater proportioned length would be in
the public interest and complement the overall site design.
c. The dedicated land(s) is located to reasonably serve all lots for the development, for
which the dedication is required.
Response: The subject site is located within the South Cooper Mountain Community Plan area,
has requested Planned Unit Development approval, and is subject to the criteria of Section
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60.35.15.2. The open space requirements of Section 60.35.15 are addressed in the responses to
that section.
10. [ORD 4578; March 2012] For proposals within the SC-S (Station Community-Sunset) zoning
district, the requirements identified in Sections 20.20.40.2. and 20.20.40.3. are satisfied.
Response: The subject site is not located within the SC-S zoning district. This criterion is not
applicable.
11. If the application proposes to develop the PUD over multiple phases, the decision-making
authority may approve a time schedule of not more than five (5) years for the multiple
development phases. If a phased PUD has been approved, development applications for the
future phases of the PUD shall be filed within five (5) years unless the PUD has received an
extension approval pursuant to Section 50.93. of the Development Code.
Response: The project is proposed to be developed in 6 phases. An overview of the residential
and non-residential area within each phase is detailed in Table 5 and Sheet C1.07.
Table 5. Proposed Phasing
Phase* Residential
(units)
Non-
Residential (sf)
1 145 0
2 118 0
3 61 0
4 54 0
5 0 20,000
Total: 373 20,000
*Not representative of sequencing.
The applicant understands that if the phased PUD is approved, development applications shall be
filed within 5 years unless an extension has been requested.
12. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence.
Response: This application includes this Conditional Use – Planned Unit Development
application with associated applications for this project. This criterion is met.
C. 40.20. Design Review 40.20.10. Applicability.
1. The scope of Design Review shall be limited to the exterior of buildings, structures, and other
development and to the site on which the buildings, structures, and other development are located.
[ORD 4584; June 2012]
2. Considering the thresholds for the Design Review Compliance Letter, Design Review Two, or Design
Review Three applications and unless exempted by Section 40.20.10.3. (Design Review) approval
shall be required for the following: [ORD 4584; June 2012]
[…]
B. All uses listed as Permitted and Conditional Uses in the R4, R2, and R1 Residential zoning
districts. [ORD 4584; June 2012]
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Response: The applicant requests four Design Review Approvals:
▪ Design Review approval is requested for the proposed development on Lot 1, which will be zoned
R1. Multifamily residential development is listed as a Permitted Use in the R1 zone and Design
Review is required. Future development of Lots 2-5 will be subject to Design Review at the time
of development.
▪ Tract B is a proposed public park. Public Parks are listed as Conditional Uses in the R1 zone and
Design Review is required.
▪ A modification to the conditions of approval of the SCM Main Street Design Review (DR2020-
0067) is requested to convert private Street A to a public street, revise the southern termination of
Street A from an emergency access to a cul-de-sac, and replace the southern emergency
access connection with a pedestrian connection and a public stormwater facility. See Sheet
C0.00 for the area of modification. This request is further described in the responses to 50.95
below.
▪ Design Review Compliance Letter approval for proposed grade changes on The Ridge site to the
west to accommodate Street C improvements.
40.20.15. Application.
There are three (3) Design Review applications which are as follows: Design Review Compliance Letter,
Design Review Two, and Design Review Three.
1. Design Review Compliance Letter
A. Threshold. An applicant may utilize the Design Review Compliance Letter process when the
application is limited to one or more of the following categories of proposed action:
1. Minor design changes to existing building or site including, but not limited to:
[…]
h) Addition or modification of new fences, retaining walls, or both. [ORD 4531; April 2010]
i) Changing of existing grade.
[…]
Response: Design Review approval is requested for a change to the approved grading of The Ridge
site to the west and removal of an approved retaining wall along the eastern property line of The
Ridge. This grading and removal of the approved retaining wall are required to construct Street C and
Design Review Compliance Letter review is required.
[…]
C. Approval Criteria. [ORD 4365; October 2005] In order to approve a Design Review Compliance
Letter application, the decision making authority shall make findings of fact based on evidence
provided by the applicant demonstrating that all the following criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Design Compliance Review Letter.
Response: The proposal is to remove an approved retaining wall and change the existing grade.
Thresholds A.1.h and A.1.i are met.
2. All City application fees related to the application under consideration by the decision making
authority have been submitted.
Response: City application fees for this application have been paid.
3. The proposal contains all applicable application submittal requirements as specified in
Section 50.25.1. of the Development Code.
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Response: This application submittal includes all applicable requirements as outlined in the
response to 50.25.1.
4. The proposal meets all applicable Site Development Requirements of Sections 20.05.15.,
20.10.15., 20.15.15., and 20.20.15. of the Development Code unless the applicable
provisions are subject to an Adjustment, Planned Unit Development, or Variance application
which shall be already approved or considered concurrently with the subject proposal. [ORD
4584; June 2012]
Response: The site development requirements noted above are not applicable to the proposed
grading and retaining wall revisions.
5. The proposal, which is not an addition to an existing building, is consistent with all applicable
provisions of Sections 60.05.15 through 60.05.30 (Design Standards).
Response: The proposal is subject to the provisions of 60.5.25 and is consistent with the
provisions of that section as described in Section VIII of this narrative.
6. If applicable, the proposed addition to an existing building and/or site, and only that portion of
the building and/or site containing the proposed improvements, complies with the applicable
provisions of Sections 60.05.15 through 60.05.30 (Design Standards) as they apply to the
following:
[…]
Response: The proposal is not an addition to an existing building or site, and these provisions
are not applicable.
7. The proposal complies with all applicable provisions in CHAPTER 60 (Special Regulations).
Response: The proposal is subject to the provisions of 60.5.25 and is consistent with the
provisions of that section as described in Section VIII of this narrative.
8. The proposal complies with the grading standards outlined in Section 60.15.10 or approved
with an Adjustment or Variance. [ORD 4782; April 2020]
Response: The proposal’s compliance with Section 60.15.10 are addressed in Section VIII.B of
this narrative.
9. Except for conditions requiring compliance with approved plans, the proposal does not modify
any conditions of approval of a previously approved Type 2 or Type 3 application.
Response: The proposal does not modify any conditions of approval of a previously approved
application for The Ridge.
10. Proposals for Community Gardens comply with Section 60.05.25.14 of CHAPTER 60.
Community Gardens are exempt from Criteria 4, 5, 6, 7, and 8 above. [ORD 4659; June
2015]
Response: No community gardens are proposed.
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11. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence. [ORD 4659; June 2015]
Response: Required applications and documents will be submitted to the City in the proper
sequence.
D. Submission Requirements. An application for a Design Compliance Letter shall be made by the
owner of the subject property, or the owner’s authorized agent, on a form provided by the Director
and shall be filed with the Director. The Design Compliance Letter application shall be
accompanied by the information required by the application form, and by Section 50.25.
(Application Completeness), and any other information identified through a Pre-Application
Conference.
Response: A Design Review Compliance Letter application signed by the property owner and the
required information have been submitted with this application package.
2. Design Review Two
A. Threshold. An application for Design Review Two shall be required when an application is subject
to applicable design standards and one or more of the following thresholds describe the proposal:
[…]
3. New construction of attached residential dwellings excluding duplexes, in any zone where
attached dwellings are a Permitted or Conditional Use. [ORD 4410; December 2006]
[…]
Response: Design Review approval is requested for the proposed multifamily residential buildings on
Lot 1. Attached multifamily residential dwellings are permitted outright in the R1 zone, and Design
Review Two is required. However, the proposed Lot 1 development does not meet all of the
applicable design standards, therefore Design Review Three is required.
[…]
3. Design Review Three.
A. Threshold. An application for Design Review Three shall be required when an application is
subject to applicable design guidelines and one or more of the following thresholds describe the
proposal:
[…]
7. New parks in Residential zoning districts.
[…]
9. A project meeting the Design Review Two thresholds which does not meet an applicable
design standard.
Response: The applicant requests three Design Review Three approvals:
▪ The proposed development includes a public park in Tract B, which is within the R1 zoning district
and requires Design Review Three.
▪ The 3 proposed multifamily residential buildings on Lot 1 address a combination of design
standards and design guidelines and Design Review Three is required.
▪ A revision to the SCM Main Street Design Review 3 (DR2020-0067) conditions of approval is
requested to revise the southern portion of Street A to reflect the Blackbird Farms site design.
Because the application was initially approved through the Design Review 3 process, revisions to
conditions of approval also requires review through the Design Review 3 process.
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B. Procedure Type. The Type 3 procedure, as described in Section 50.45. of this Code, shall apply
to an application for Design Review Three. The decision-making authority is the Planning
Commission.
Response: This application has been submitted concurrently with a number of concurrent
applications and will be reviewed by the Planning Commission.
C. Approval Criteria. In order to approve a Design Review Three application, the decision-making
authority shall make findings of fact based on evidence provided by the applicant demonstrating
that all the following criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Design Review Three application.
Response: The proposal satisfies the threshold of 3.A.7 and 3.A.9 above. This criterion is met.
2. All City application fees related to the application under consideration by the decision-making
authority have been submitted.
Response: The City application fees have been submitted with this application.
3. For proposals meeting Design Review Three application thresholds numbers 1 through 6, the
proposal is consistent with all applicable provisions of Sections 60.05.35 through 60.05.50
(Design Guidelines).
Response: The proposal does not meet application thresholds 1 through 6. This criterion is not
applicable.
4. For additions to or modifications of existing development, the proposal is consistent with all
applicable provisions of Sections 60.05.35 through 60.05.50 (Design Guidelines) or can
demonstrate that the additions or modifications are moving towards compliance with specific
Design Guidelines if any of the following conditions exist:
[…]
Response: The proposal is not an addition to or modification of an existing development. This
criterion is not applicable.
5. For DRBCP proposals which involve the phasing of required floor area, the proposed project
shall demonstrate how future development of the site, to the minimum development
standards established in the Development Code or greater, can be realistically achieved at
ultimate build out of the DRBCP. [ORD 4584; June 2012]
Response: The proposal is not a DRBCP proposal. This criterion is not applicable.
6. For proposals meeting Design Review Three Application Threshold numbers 7 or 8, where
the applicant has decided to address a combination of standards and guidelines, the proposal
is consistent with all applicable provisions of Sections 60.05.15 through 60.05.30 (Design
Standards) except for the Design Standard(s) where the proposal is instead subject to the
applicable corresponding Design Guideline(s).
Response: The proposal meets threshold number 7 and 9 and the applicant has decided to
address a combination of standards and guidelines for the proposed development on Lot 1.
Consistency with Section 60.05 is addressed in Section VIII of this narrative. This criterion is met.
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7. For proposals meeting Design Review Three Application Threshold numbers 7 or 8, where
the applicant has decided to address Design Guidelines only, the proposal is consistent with
the applicable provisions of Sections 60.05.35 through 60.05.50 (Design Guidelines).
Response: The proposal meets threshold numbers 7 and 9 and the applicant has decided to
address a combination of standards and guidelines. Consistency with Section 60.05 is addressed
in Section VIII of this narrative. This criterion is met.
8. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence.
Response: All applications and documents will be submitted to the City in the proper sequence.
D. Submission Requirements. An application for a Design Review Three shall be made by the owner
of the subject property, or the owner’s authorized agent, on a form provided by the Director and
shall be filed with the Director. The Design Review Three application shall be accompanied by the
information required by the application form, and by Section 50.25. (Application Completeness),
and any other information identified through a Pre-Application Conference.
Response: The application has been made by the owner of the property and includes the required
information. This criterion is met.
D. 40.45. Land Division and Reconfiguration 40.45.10. Applicability.
The provisions of this section apply to all subdivisions, partitions, developments involving the dedications
of public right-of-way, and the reconfiguration of existing property lines. Code requirements for the
vacation of public rights-of-way are in Section 40.75. (Street Vacations).
Response: The proposed development includes a request for a 6-lot subdivision. The provisions of this
section are applicable.
40.45.15. Application.
[…]
5. Preliminary Subdivision.
A. Threshold. An application for Preliminary Subdivision shall be required when the following
threshold applies:
1. The creation of four (4) or more new lots from at least one (1) lot of record in one (1) calendar
year. [ORD 4487; August 2008]
Response: The proposed partition will create 6 new lots from at least 1 lot of record. An
application for a Subdivision is required.
B. Procedure Type. The Type 2 procedure, as described in Section 50.40. of this Code, shall apply
to an application for Preliminary Subdivision. The decision-making authority is the Director.
Response: The application is subject to the Type 2 procedure but has been submitted concurrently
with applications subject to the Type 3 procedure and will be processed concurrently with those
applications.
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In addition, a Modification of a Decision is requested to revise SCM Main Street conditions of
approval from LD2020-0007 to reflect the revised Street A design east of the site. See the responses
to 50.95 below.
C. Approval Criteria. In order to approve a Preliminary Subdivision application, the decision-making
authority shall make findings of fact based on evidence provided by the applicant demonstrating
that all the following criteria are satisfied:
1. The application satisfies the threshold requirements for a Preliminary Subdivision application.
If the parent parcel is subject to a pending Legal Lot Determination under Section 40.47.,
further division of the parent parcel shall not proceed until all of the provisions of Section
40.47.15.1.C. have been met. [ORD 4584; June 2012]
Response: The application proposes creation of 6 lots from 1 parent lot and satisfies the
threshold requirements for a Preliminary Subdivision. The parent parcel are not subject to a
pending Legal Lot Determination. This criterion is met.
2. All City application fees related to the application under consideration by the decision-making
authority have been submitted.
Response: All City application fees have been submitted with this application. This criterion is
met.
3. The proposed partition does not conflict with any existing City approval, except the City may
modify prior approvals through the subdivision process to comply with current Code
standards and requirements.
Response: There are no known existing City approvals for the subject site. This criterion is not
applicable.
4. Oversized parcels (oversized lots) resulting from the subdivision shall have a size and shape
that facilitates the future potential partitioning or subdividing of such oversized lots in
accordance with the requirements of the Development Code. In addition, streets, driveways,
and utilities shall be sufficient to serve the proposed partition and future potential
development on oversized lots. Easements and rights-of-way shall either exist or be
proposed to be created such that future partitioning or subdividing is not precluded or
hindered, for either the oversized lot or any affected adjacent lot. [ORD 4584; June 2012]
Response: The proposed partition will create 6 lots. The purpose of this subdivision is to
establish separate lots for ease of phasing and transfer of ownership. The lots created will be
oversized in the sense that they far exceed the minimum 1,000 sq. ft. lot area of the R1 zone. The
proposed streets, driveways, and utilities provide access and service to each of the proposed lots
and buildings and will be sufficient to serve the proposed multifamily and potential future
commercial uses. The proposed partition will not preclude future partitioning or subdividing of the
parcels.
This criterion is met.
5. If phasing is requested by the applicant, the requested phasing plan meets all applicable City
standards and provides for necessary public improvements for each phase as the project
develops.
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Response: The applicant has requested approval of a phased development. As shown on Sheet
C1.05 and described in the Facilities Review responses, the necessary public improvements for
each phase of the project will be provided as the project develops.
6. Applications that apply the lot area averaging standards of Section 20.05.15.D. shall
demonstrate that the resulting land division facilitates the following: [ORD 4584; June 2012]
a. Preserves a designated Historic Resource or Significant Natural Resource (Tree, Grove,
Riparian Area, Wetland, or similar resource); or
b. Complies with minimum density requirements of the Development Code, provides
appropriate lot size transitions adjacent to differently zoned properties, minimizes grading
impacts on adjacent properties, and where street improvements are proposed, provides a
standard street cross section with sidewalks. [ORD 4584; June 2012]
Response: The application does not apply the lot area averaging standards of 20.05.15. This
criterion is not applicable.
7. If lot area averaging standards are proposed pursuant to Section 20.05.15.D, no further
applications for Adjustment or Variance from this standard is required or permitted [ORD
4782; April 2020]
Response: The application does not apply the lot area averaging standards of 20.05.15. This
criterion is not applicable.
8. For proposals which create a parcel with more than one zoning designation the portion of the
lot within each zoning district shall meet the minimum lot size and dimensional requirements
of that zoning district.
Response: None of the proposed lots include more than one zoning designation. This criterion is
not applicable.
9. Applications and documents related to the request requiring further City approval shall be
submitted to the City in the proper sequence.
Response: Applications and documents will be submitted to the City in the proper sequence.
D. Submission Requirements.
1. An application for a Preliminary Subdivision shall be made by the owner of the subject
property or the owner’s authorized agent, on a form provided by the Director and shall be
filed with the Director. Provided, however, where the application is made in conjunction with a
Legal Lot Determination under Section 40.47., the City may consider the application even if
fewer than all the owners of the existing legal lot or parcel have applied for the approval. The
application shall be accompanied by the information required by the application form, and by
the information required by Section 50.25. (Application Completeness), and any other
information identified through a Pre-Application Conference.
2. The Director may consider and act upon a request to develop a subdivision in phases. If the
subdivision is to be phased, the applicant shall propose a phasing program in writing at the
time of Preliminary Subdivision application submittal. The applicant is responsible for
providing a time schedule for the final platting of the various phases. In no case shall the total
time period for the final platting of all stages be greater than five (5) years without filing a new
Preliminary Subdivision application.
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Response: The application has been made by the owner of the subject property and includes the
required information. This criterion is met.
E. 40.55 Parking Determination […]
40.55.10. Applicability.
A Parking Determination may be requested in writing to establish a required off-street parking ratio or
specific number of off-street parking spaces for a use or uses not specifically listed in Section 60.30. (Off-
Street Parking) of this Code, to share required parking spaces, or to determine the existence of excess
required parking. [ORD 4365; October 2005] [ORD 4584; June 2012]
Response: A park use is proposed on Tract B. Parks are not a listed use in Section 60.30 and a Parking
Determination is required.
40.55.15. Application.
There are three (3) Parking Determination applications which are as follows: Parking Requirement
Determination, Shared Parking, and Use of Excess Parking.
1. Parking Requirement Determination.
A. Threshold. An application for Parking Requirement Determination shall be required when the
following threshold applies:
1. A request that the Director establish, in writing, an off-street parking ratio or requirement for a
use not listed or substantially similar to a use listed in Section 60.30. (Off-Street Parking) of
this Code.
Response: A park use is proposed on Tract B. Parks are not a listed use in Section 60.30 and a
Parking Determination is required. The applicant requests that an off-street parking ratio of 0
spaces be applied to the proposed park.
B. Procedure Type. The Type 2 procedure, as described in Section 50.40. of this Code, shall apply
to an application for Parking Requirement Determination. The decision making authority is
the Director.
Response: This Parking Determination application is being submitted concurrently with Type 3
applications and will be processed through the Type 3 procedure.
C. Approval Criteria. In order to approve a Parking Requirement Determination application, the
decision making authority shall make findings of fact based on evidence provided by the applicant
demonstrating that all the following criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Parking Requirement Determination
application.
Response: As described above, the proposal meets threshold A.1 above.
2. All City application fees related to the application under consideration by the decision making
authority have been submitted.
Response: All City application fees have been submitted with this application.
3. The determination is consistent with Title 4 of Metro’s Regional Transportation Functional
Plan. [ORD 4584; June 2012]
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Response: Title 4 of the Metro Regional Transportation Functional Plan addresses regional
parking management. Table 3.08-3 establishes maximum parking ratios for a number of land
uses, but does not address Parks as a land use and therefore does not identify any minimum
parking requirements. This criterion is met.
4. The determination will not create adverse impacts, taking into account the total gross floor
area, number of employees, potential customer volume, and the hours of operation of the
use.
Response: The proposed park in Tract B is ~0.5 acres in area and is intended to function as a
Pocket Park or Neighborhood Park. According to the 2019 THPRD Parks Functional Plan, these
park designations are intended to serve residents of the neighborhood where they are located
and are not expected to draw visitors from outside of the neighborhood.
The park contains amenities including a shade structure, play structure, and seating/picnic areas.
The park is accessible to residents by sidewalks, bike facilities, and trails. Street parking is
located adjacent to the park for visitors with mobility challenges, but it is anticipated that most
visitors will arrive by bike or foot.
Providing on-site parking in this park would further reduce the useful area of the park and convert
much of the programmed space to vehicle parking. For this reason, the application requests that
an off-street parking ratio of 0 spaces be applied to this park.
5. The proposal contains all applicable application submittal requirements as specified in
Section 50.25.1. of the Development Code. [ORD 4404; October 2006]
Response: This application contains all of the materials specified in Section 50.25.1. This
criterion is met.
6. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence.
Response: Applications and documents will be submitted to the City in the proper sequence.
This criterion is met.
F. 40.90. Tree Plan […]
40.90.15. Application.
There are three (3) Tree Plan applications which are as follows: Tree Plan One, Tree Plan Two, and Tree
Plan Three. [ORD 4782; April 2020]
1. Tree Plan One.
A. Threshold. An application for Tree Plan One shall be required when none of the actions listed in
Section 40.90.10. apply and one or more of the following thresholds apply:
1. Major pruning of Protected Trees once within a one year period.
[…]
Response: The site contains SNRA and a number of trees are located within it. Trees within a
mapped SNRA are Protected Trees. Major Pruning is defined as removal of greater than 10% of the
tree’s canopy or disturbance of over 10% of the root system. As shown in Appendix L, the roots of 6
trees within the SNRA will be impacted, and the impacts to 4 of those trees exceeds 10%. See Sheet
L1.02 for details. Therefore, a Tree Plan 1 is required.
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[…]
C. Approval Criteria. In order to approve a Tree Plan One application, the decision making authority
shall make findings of fact based on evidence provided by the applicant demonstrating that all the
following criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Tree Plan One application.
Response: As described above, the proposal meets threshold A.1 for a Tree Plan application.
This criterion is met.
2. All City application fees related to the application under consideration by the decision making
authority have been submitted.
Response: The appropriate application fees have been submitted with this application.
3. The proposal contains all applicable application submittal requirements as specified in
Section 50.25.1. of the Development Code.
Response: The proposal includes the information required by Section 50.25.1.
4. If applicable, pruning is necessary to improve tree health or to eliminate conflicts with
vehicles or structures which includes, but is not limited to, underground utilities and street
improvements.
Response: The proposed pruning is necessary to provide a trail connection through the site. The
impacts to the trees have been minimized through the use of a boardwalk design within the
SNRA. This criterion is met.
5. If applicable, the removal of vegetation or clearing and grubbing is necessary to
accommodate physical development in the area in which the removal is proposed.
Response: No removal of vegetation or clearing and grubbing is proposed. This criterion is not
applicable.
6. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence.
Response: All required applications and documents will be submitted to the City in proper
sequence.
2. Tree Plan Two
A. Threshold. An application for Tree Plan Two shall be required when none of the actions listed in
Section 40.90.10. apply, none of the thresholds listed in Section 40.90.15.1. apply, and one or
more of the following thresholds apply:
[…]
3. Commercial, Residential, or Industrial zoning district: Removal of up to and including 75% of
the total DBH of non-exempt surveyed tree(s) found on the project site within SNRAs,
Significant Groves, or Sensitive Areas as defined by Clean Water Services. [ORD 4584; June
2012]
[…]
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Response: The site contains 486 trees; 40 trees of greater than 10 in. DBH are proposed for removal. As
shown in Appendix M and Sheet L1.02, 7 of these trees are located within the SNRA, and a Tree Plan
Two is required.
[…]
C. Approval Criteria. In order to approve a Tree Plan Two application, the decision making authority shall
make findings of fact based on evidence provided by the applicant demonstrating that all the following
criteria are satisfied:
1. The proposal satisfies the threshold requirements for a Tree Plan Two application.
Response: As described above, the proposal satisfies threshold A.3 above. This criterion is met.
2. All City application fees related to the application under consideration by the decision making
authority have been submitted.
Response: The appropriate application fees have been submitted with this application.
3. If applicable, removal of any tree is necessary to observe good forestry practices according to
recognized American National Standards Institute (ANSI) A300-1995 standards and International
Society of Arborists (ISA) standards on the subject.
Response: The removal of the subject trees is needed to accommodate physical development. This
criterion is not applicable.
4. If applicable, removal of any tree is necessary to accommodate physical development where no
reasonable alternative exists.
Response: The removal of the subject trees is necessary to accommodate the multiuse trail network
established by the South Cooper Mountain Community Plan and the THPRD Trails Master Plan. As
shown in Appendix C and Sheet L1.02, the trail alignment and the trees proposed for removal are
located within the “degraded” vegetated corridor on site (as determined using CWS criteria) to avoid
impacting the “good” vegetated corridor on site. The number of trees proposed for removal are the
minimum number necessary. This criterion is met.
5. If applicable, removal of any tree is necessary because it has become a nuisance by virtue of
damage to property or improvements, either public or private, on the subject site or adjacent
sites.
Response: The trees proposed for removal are not currently a nuisance to property or
improvements. This criterion is not applicable.
6. If applicable, removal is necessary to accomplish public purposes, such as installation of public
utilities, street widening, and similar needs, where no reasonable alternative exists without
significantly increasing public costs or reducing safety.
Response: As noted above, the proposed tree removal is necessary to construct a public multiuse
trail to implement the trail network established by the South Cooper Mountain Community Plan and
the THPRD Trails Master Plan.
7. If applicable, removal of any tree is necessary to enhance the health of the tree, grove, SNRA, or
adjacent trees, or to eliminate conflicts with structures or vehicles. [ORD 4584; June 2012]
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Response: The proposed tree removal is not necessary to enhance the health of the tree or
surroundings, or to eliminate conflicts with structures or vehicles. This criterion is not applicable.
8. If applicable, removal of a tree(s) within a SNRA or Significant Grove will not result in a reversal
of the original determination that the SNRA or Significant Grove is significant based on criteria
used in making the original significance determination.
Response: The trees proposed for removal are located within a SNRA. The 6 trees proposed for
removal make up a very small percentage of the overall tree canopy within the SNRA and will not
result in a reversal of the original determination. This criterion is met.
9. If applicable, removal of a tree(s) within a SNRA or Significant Grove will not result in the
remaining trees posing a safety hazard due to the effects of windthrow.
Response: After removal of the trees, there will still be substantial tree canopy coverage in the area.
The trees will not be subject to further windthrow effects. This criterion is not applicable.
10. The proposal is consistent with all applicable provisions of Section 60.60. (Trees and Vegetation)
and Section 60.67. (Significant Natural Resources).
Response: Compliance with Section 60.60 and Section 60.67 is addressed in the responses to those
code sections. This criterion is met.
G. 40.97. Zoning Map Amendment […]
40.97.15. Application.
There are four (4) Zoning Map Amendment applications which are as follows: Quasi-Judicial Zoning Map
Amendment, Legislative Zoning Map Amendment, Non-Discretionary Annexation Related Zoning Map
Amendment and Discretionary Annexation Related Zoning Map Amendment. The Director shall
determine if a zone change is quasi-judicial or legislative. For annexation related zone change
applications, the Director shall determine if the applications are discretionary or non-discretionary.
1. Quasi-Judicial Zoning Map Amendment.
A. Threshold. An application for Quasi-Judicial Zoning Map Amendment shall be required when the
following threshold applies:
1. The change of zoning designation for a specific property or limited number of specific
properties.
Response: The site is currently zoned Washington County AF-20. A change of zoning
designation has been requested for two properties: the R1 zone is requested for Lots 1-5 and the
CC zone is requested for Lot 6. A Quasi-Judicial Zoning Map Amendment is required.
B. Procedure Type. The Type 3 procedure, as described in Section 50.45. of this Code, shall apply
to an application for Quasi-Judicial Zoning Map Amendment. The decision-making authority is the
Planning Commission.
Response: The application will be processed through the Type 3 procedure.
C. Approval Criteria. In order to approve a Quasi-Judicial Zoning Map Amendment application, the
decision-making authority shall make findings of fact based on evidence provided by the applicant
demonstrating that all the following criteria are satisfied:
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1. The proposal satisfies the threshold requirements for a Quasi-Judicial Zoning Map
Amendment application.
Response: The proposal satisfies threshold 1.A.1 above. This criterion is met.
2. All City application fees related to the application under consideration by the decision-making
authority have been submitted.
Response: All required fees have been submitted with this application.
3. The proposal conforms with applicable policies of the City’s Comprehensive Plan. [ORD
4462; January 2008]
Response: Conformance with the applicable policies of the Comprehensive Plan is addressed in
Section III, and conformance with the applicable South Cooper Mountain Community Plan
policies is addressed in Section IV of this narrative. This criterion is met.
4. All critical facilities and services are available or can be made available to an adequate
capacity to serve the site and uses allowed by the proposed zoning designation.
Response: The availability of critical facilities and services is addressed in the response to
Section 40.03.A. This criterion is met.
5. Essential facilities and services are available or can be made available to serve the site and
uses allowed by the proposed zoning designation.
Response: The availability of essential facilities and services is addressed in the response to
Section 40.03.A. This criterion is met.
6. The proposal is or can be made to be consistent with all applicable provisions of Chapter 20
(Land Uses). [ORD 4584; June 2012]
Response: Consistency with the applicable provisions of Chapter 20 is addressed earlier in this
narrative. The proposal is consistent with all applicable provisions as adjusted through the
Planned Unit Development application process.
7. The proposal shall include a Traffic Impact Analysis that meets the requirements of Section
60.55.20. The analysis shall demonstrate that development allowed under the proposed
zoning can meet the requirements of Sections 60.55.10.1, 60.55.10.2, 60.55.10.3, and
60.55.10.7. The analysis shall identify the traffic impacts from the range of uses allowed
under the proposed zoning and demonstrate that these impacts can be reasonably mitigated
at the time of development. [ORD 4302; May 2004]
Response: A Traffic Impact Analysis has been prepared by Global Transportation Engineering
and is included as Appendix D. The requirements of 60.55.10.1-3 and 7 are addressed in the
responses to that section.
8. As an alternative to Section 40.97.15.1.C.7, the applicant may provide evidence that the
potential traffic impacts from development under the proposed zoning are no greater than
potential impacts from development under existing zoning. [ORD 4302; June 2004] [ORD
4584; June 2012]
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Response: The applicant is not seeking the alternative approval.
9. For proposals which create a parcel with more than one zoning designation the portion of the
lot within each zoning district shall meet the minimum lot size and dimensional requirements
of that zoning district.
Response: The proposal will not create a parcel with more than one zoning designation. This
criterion is not applicable.
10. The proposal contains all applicable application submittal requirements as specified in
Section 50.25.1. of the Development Code.
Response: The application contains all applicable application submittal requirements. This
criterion is met.
11. Applications and documents related to the request, which will require further City approval,
shall be submitted to the City in the proper sequence. [ORD 4404; October 2006]
Response: All applications and documents will be submitted to the City in the proper sequence.
This criterion is met.
D. Submission Requirements. An application for Quasi-Judicial Zoning Map Amendment to the
City’s zoning map shall be made by the owner of the subject property, or the owner’s authorized
agent, the City Council, Mayor, or their designee on a form provided by the Director. All Quasi-
Judicial Zoning Map Amendment applications shall be filed with the Director and shall be
accompanied by the information required by the application form, and by Section 50.25.
(Application Completeness), and any other information identified through a Pre-Application
Conference.
Response: The application has been made by the owner of the property and includes all of the
required information. This criterion is met.
[…]
VII. Compliance with Beaverton Development Code Title 50
A. 50.25 Application Completeness 1. A complete application is one which contains the information required by the Director to address the
relevant criteria, development requirements, and procedures of this Code. Non-Discretionary
Annexation Related Zoning Map Amendment and Discretionary Annexation Zoning Map Amendment
applications processed by the City shall be determined to be complete upon submittal of a valid
annexation petition or executed annexation agreement. All other complete application shall consist of
the requisite number of copies of the following: [ORD 4265; October 2003]
A. A completed original application form provided by the Director and application checklist provided
by the Director, signed by:
1. The applicant.
2. If the applicant is not the owner, the owner of the property, or the authorized agent of the
property owner. If an authorized agent, a written statement made by the owner of the
property shall be submitted stating that the agent is authorized to sign on the owner’s behalf.
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3. If the applicant is exercising its statutory authority to condemn property, the representative of
the public agency accompanied by written documentation of such condemnation or intent to
condemn the property.
4. Property owner signatures are not required for City initiated Type 4 Text Amendment
applications and City initiated Type 1, Type 3, and Type 4 Zoning Map Amendments. [ORD
4265; October 2003]
Response: The proposed development includes the subject site as well as tree removal from the
Beaverton School District site to the east and removal of trees and revisions to grading for
construction of Street C Street C on a portion of The Ridge site to the west. This submittal includes
completed application forms and checklists signed by the applicant, the property owners, and the
applicant’s representative.
B. A written statement, supported by substantial evidence, that identifies the criteria and
development regulations considered relevant to the application, states the facts alleged to show
that the application complies with applicable criteria and development regulations, and explains
why the application should be approved based on the criteria and development regulations and
facts set forth in the application. In addition to addressing applicable criteria and development
regulations relevant to the application type, the written statement shall address all the applicable
technical criteria specified in Section 40.03. (Facilities Review Committee) of the Code. [ORD
4265; October 2003] [ORD 4404; October 2006] [ORD 4487; August 2008] [ORD 4584; June
2012]
C. The Director may require an applicant to submit information in addition to that required on the
form to aid in deciding whether an application satisfies applicable criteria and development
regulations. The Director shall attempt to identify additional necessary information in the pre-
application conference.
Response: This narrative is the written statement and addresses the criteria and development
regulations applicable to the proposal.
D. The information required by Section 50.30.4. regarding Neighborhood Meeting requirements, if
applicable.
Response: The Neighborhood Meeting information is included as Appendix I.
E. For a Type 2, Type 3, or Type 4 application, a copy of the pre-application conference summary.
Response: The June 24, 2020 and January 6, 2021 pre-application conference summaries are
included as Appendix J.
F. Documentation from service providers, as determined by the Director, stating that essential and
critical facilities are available can be made available or will not be adversely affected by the
proposal.
Response: A Service Provider Letter (SPL) from CWS is included as Appendix C; an SPL from
Beaverton School District is included as Appendix H; and an SPL from TVFR is included as Appendix
E. No additional SPLs were requested.
G. The applicable fee in effect at the date of submittal.
Response: The applicable fee has been submitted with the application.
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[…]
B. 50.30. Neighborhood Review Meeting 1. The purpose of the Neighborhood Review Meeting is to allow neighbors, representatives from the
Neighborhood Association Committee (hereinafter referred to as NAC), and interested persons an
opportunity to become familiar with the proposal and to identify any associated issues. The
Neighborhood Review Meeting is intended to assist in producing applications that are responsive to
neighborhood concerns, and to reduce the likelihood of delays and appeals. The City expects an
applicant to take into consideration the reasonable concerns and recommendations of the
neighborhood when preparing an application. The City expects the neighbors and NAC to work with
the applicant to provide reasonable concerns and recommendations.
2. Prior to submittal of an application subject to a Type 3 procedure, the applicant shall provide an
opportunity to meet with neighboring property owners, residents and businesses (hereinafter
collectively referred to as “neighbors”) as well as representatives from the NAC within whose
boundaries the site is located or within the notice radius to review the proposal. The applicant shall
not be required to hold more than one Neighborhood Review Meeting provided such meeting is held
within six months prior to submitting an application for one specific site. This requirement does not
apply to applications required by Design Review Three threshold number 7 (Section 40.20.15.3.A.7.)
or applications for Quasi-Judicial Zoning Map Amendment (Section 40.97.15.1.), Discretionary
Annexation Related Zoning Map Amendment (Section 40.97.15.4.). [ORD 4332; January 2005] [ORD
4483; June 2008] [ORD 4584; June 2012]
Response: Due to the current restrictions on gatherings, the applicant held a virtual neighborhood
meeting on August 31, 2020 at 6:00pm. This meeting was held within 6 months of application submittal.
3. Procedures.
A. Except as otherwise provided in this section, the applicant shall select the meeting time and place
according to the preference indicated by the relevant NAC. Preference should be given to a
regularly scheduled meeting time of the NAC in which the project is located. The starting time
selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable
time and shall not occur on a National holiday. The meeting shall be held at a location open to
the public and in compliance with the Americans with Disabilities Act within the boundaries of the
NAC or at a similar location within the City of Beaverton.
A sign at least 22” x 28” in size with minimum 2” lettering shall be placed at the main entrance of
the building where the meeting will take place at least one hour prior to the meeting. Such sign
will announce the meeting, that the meeting is open to the public, and that interested persons are
invited to attend. This sign shall be removed upon conclusion of the meeting by the applicant.
Response: Because the meeting was virtual, no sign was posted at the building entrance and the
location was available to anyone to attend.
B. The applicant shall send by regular mail a written notice announcing the Neighborhood Review
Meeting to: the Director, property owners within 500 feet of the property involved in the
anticipated application and to representatives of all NACs and Washington County’s Community
Participation Organizations (CPO) whose boundaries are within 500 feet of the subject property.
The notice shall include the date, time and location of the meeting and briefly discuss the nature
and location of the proposal. The notice shall be mailed not less than 20 calendar days prior to
the meeting date. The Director shall maintain on file in the Community Development Department,
current addresses of NAC Officers and/or representatives and related NAC information, including
regularly scheduled or monthly meeting dates, times and locations.
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The mailing list shall be based on the most recent property tax assessment rolls of the
Washington County Department of Assessment and Taxation. At the request of the applicant,
and upon payment of the applicable fee, the City will provide the required mailing list.
Response: The applicant requested mailing labels from the City of Beaverton and sent a written
notice to the people listed on the labels. See Appendix I.
C. Not less than 20 calendar days prior to the Neighborhood Review Meeting, the applicant shall
post a notice on the property which is subject of the proposed application. The notice shall be
posted within 50 feet of an adjoining public right-of-way in a manner that can be read from the
right-of-way. The notice shall state that the site may be subject to a proposed development and
shall set forth the name of the applicant and a telephone number where the applicant can be
reached for additional information. The site shall remain posted until the conclusion of the
Neighborhood Review Meeting. The applicant may purchase a second sign from the City or
create a sign to post at the Neighborhood Review Meeting location. [ORD 4312; July 2004]
Standard signs are available from the City upon payment of a fee. The City will not be responsible
for posting of any signs.
Response: The applicant posted a sign at the subject site 20 days prior to the neighborhood
meeting. The applicant’s phone number and e-mail address were provided on the sign. See Appendix
I.
D. At the Neighborhood Review Meeting, the applicant shall describe the proposed application to
persons in attendance. The attendees may identify any issues that they believe should be
addressed in the proposed application and recommend that those issues be submitted for City
consideration and analysis. [ORD 4462; January 2008]
E. At the Neighborhood Review Meeting, the applicant shall take notes of the discussion on the
proposed application. After the meeting and before submitting an application to the City, the
applicant shall send a copy of the meeting notes to the Chairperson of the NAC in which the
project is to be located by certified mail.
Response: At the virtual neighborhood review meeting, the applicant described the proposed
application and took notes at the discussion. The applicant sent an electronic copy and a certified
mail copy of the notes to the Chairperson of the NAC on September 8, 2020. See Appendix I for
details.
4. To comply with this section, an applicant shall submit the following information with the application:
A. A copy of the notice sent to surrounding property owners and the NAC Representatives as
described in Section 50.30.3.B.
B. A copy of the mailing list used to send out meeting notices as described in Section 50.30.3.B.
C. A written statement containing the information posted on the property as described in Section
50.30.3.C.
D. An affidavit of mailing and posting notices as described in Sections 50.30.3.A through C.
E. Copies of written materials and 8.5” x 11” size plans presented at the Neighborhood Review
Meeting.
F. Notes of the meeting, including the meeting date, time, and location, the name and address of
those attending, and a summary of oral and written comments received.
G. A certified mail receipt indicating mailing of the meeting notes to the Chairperson of the NAC.
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Response: The above-listed information has been submitted with the application as Appendix I.
C. 50.95 Modification of a Decision 1. An applicant or successor in interest may file with the Director an application to modify a prior
decision that was the subject of a Type 1, Type 2 or Type 3 procedure. In addition to other
requirements, such an application to modify a prior decision shall describe the nature of the proposed
change to the original decision and the basis for that change, including the applicable facts and law,
together with the fee prescribed for that application type necessary to modify the prior decision. Such
an application to modify a prior decision shall be subject to the approval criteria and development
regulations in effect when the Director receives a complete application for the modification.
Response: The applicant requests Modification of a Decision for a Design Review and Preliminary
Partition approval for the SCM Main Street PUD to the east to modify the conditions of approval of the
SCM Main Street Design Review (DR2020-0067) and Land Division (LD2020-0007). These modifications
would convert private Street A to a public street, revise the southern termination of Street A from an
emergency access to a cul-de-sac, and replace the southern emergency access connection with a
pedestrian connection and a public stormwater facility. See Sheet C0.00 for the area of modification.
2. An application for modification is subject to pre-application conference and completeness review;
provided, the Director shall only require an application for modification to contain information that is
relevant or necessary to address the requested change or the facts and regulations on which it is
based. An application for modification is not subject to the neighborhood review meeting requirement.
Response: A pre-application conference to discuss the SCM Main Street PUD modification was held on
January 6, 2021. See Attachment K for the pre-application conference notes. Per the provisions of this
code section, a neighborhood meeting was not held to discuss the modifications. The modifications for
The Ridge are subject to Type I review and no pre-application conference was required. This requirement
is met.
3. An application for modification does not extend the deadline for filing an appeal and does not stay
appeal proceedings. An application for modification is subject to the 120 day requirement pursuant to
ORS 227.178.
4. Only a decision that approves or conditionally approves an application can be modified. A decision
denying an application cannot be modified. Refer to Section 50.99.
Response: The decision requested to be modified conditionally approved the SCM Main Street
applications and approved The Ridge application. This requirement is met.
5. An application for modification shall be subject to a Type 1, Type 2, or Type 3 procedure as
determined by the Director.
6. The process type for an application to modify a decision shall be based upon the thresholds for the
appropriate application listed in Chapter 40. In all cases, regardless of the thresholds listed in Chapter
40, when a proposed modification involves a condition of approval, that condition of approval can be
modified or removed only by the same decision making authority that issued the original decision and
through the same procedure that was followed to establish the condition to be modified. Modification
or removal of a condition of approval shall only be granted if the decision making authority determines
any one of the following:
Response: The original SCM Main Street applications were reviewed and approved through a Type 3
procedure. The requested modification also includes modifications to conditions of approval. As such, the
requested modifications are subject to a Type 3 procedure.
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The original The Ridge application was reviewed and approved through a Type 3 procedure. The
requested modification does not address conditions of approval and is subject to a Type 1 procedure.
A. The applicant or owner has demonstrated that a mistake of law or fact occurred, and that the
mistake was substantial enough to warrant modification or removal of the condition to correct the
mistake.
Response: The applicant does not seek to demonstrate that a mistake of law or fact occurred. This
criterion is not applicable.
B. The condition could not be implemented for reasons beyond the control of the applicant and the
modification will not require a significant modification of the original decision.
Response: The applicant does not seek removal of the conditions due to inability to implement the
condition, but rather due to the fact that the conditions are no longer necessary. This criterion is not
applicable.
C. The circumstances have changed to the extent that the condition is no longer needed or
warranted.
Response: Two modifications are requested to the SCM Main Street conditions of approval: the first
modification would convert private Street A to a public street and revise the southern termination of
Street A from an emergency access to a cul-de-sac. The second modification would replace the
southern emergency access connection with a pedestrian connection and a public stormwater facility.
As a result of these design modifications, the following conditions of approval are no longer needed or
warranted:
DR2020-0067 Modification to Conditions of Approval
A modification to the November 18, 2020 conditions of approval of DR2020-0067, specifically
those conditions related to Street A:
[…]
B. Prior to Issuance of Site Development Permits, the applicant shall:
[…]
41. Submit plans showing that the eastern leg and the southern leg of the SW Main Street
and Street A intersection are designed to indicate the streets are private. Both Main
Street and Street A are proposed as private streets. Future street extensions of Street A
and Main Street could be required to be dedicated as public streets. As such, the
entrances to the subject site's portion of both Street A and Main Street shall be designed
with commercial driveway aprons, or as otherwise approved by the City Transportation
Engineer, to indicate they are private streets. (BDC 60.55.10, and EDM 210.30)
(Transportation / KM)
Response: This application converts Street A from a private street to a public street and this
condition of approval is no longer applicable to Street A.
[…]
F. Prior to release of performance security, the applicant shall:
[…]
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67. Substantially complete the construction of Street A, a private street intended for
emergency vehicle access in Section H-H as shown on applicant’s plans, and to serve
local circulation in Sections I-I and J-J as shown on applicant’s plans. (BDC 40.03.1,
60.55.10, and EDM Standard Drawing 200-4). Improvements include
(Transportation/KM):
i. For Street A, Section H-H as shown on applicant’s plans, construct a 20-foot wide
paved drive aisle; and standard 0.5-foot curbs. On the east side of Street A, construct
minimum 6-foot planter strip and 5-foot sidewalk consistent with Local Street
Standard Drawing.
ii. For Street A, Sections I-I and J-J as shown on the applicant’s plans, construct a 23-
foot wide paved drive aisle, and standard 0.5-foot curbs. On the east side of Street A,
construct minimum 6-foot planter strip and 5-footsidewalk consistent with Local Street
Standard Drawing.
Response: This application converts Street A from a private street to a public street and converts
the emergency vehicle access to Scholls Ferry Road to a cul-de-sac. The applicant requests
revision of this condition of approval to reflect the revised street design and designation submitted
with this application.
LD2020-0007 Modification of Conditions of Approval
A modification to the November 18, 2020 conditions of approval of LD2020-0007, specifically
those conditions related to Street A:
A. Prior to recording of the final plat:
[…]
1. Dedicate public access easements to the City for Main Street, Street A, and Street B as
shown on submitted site plans. (BDC 60.55.10 and BDC 60.55.25; and EDM 210.30)
(Transportation / KM)
Response: With this submittal, Street A is converted to a private street and a public access
easement across Street A is no longer required.
This criterion is met.
D. A new or modified condition would better accomplish the purpose of the original condition.
Response: As noted above, as a result of the proposed modifications, the conditions of approval are no
longer needed to meet the applicable approval criteria. This criterion is met.
VIII. Compliance with Beaverton Development Code Title 60
Response: Design Review approval is requested for Lot 1 (Buildings 1A, 1B, and 1C) and Tract B (Park A).
Where Design Standards cannot be met for the proposed development, the corresponding Design Guidelines
are addressed instead. Table 6 below identifies the subject standards and corresponding design guidelines
addressed in their place.
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Table 6. Design Guidelines Addressed in Place of Standards
Standard Corresponding Design
Guideline
Item Addressed
60.05.15.1.A 60.05.35.1.A and B Buildings more than 200 ft. in length.
60.05.15.1.C 60.05.35.1.E Permanent architectural features
60.05.15.1.D 60.05.35.1.E More than 150 ft. of blank wall on Buildings
1A, 1B, and 1C
60.05.15.2.A 60.05.35.2.A Minimum 4/12 roof pitch
60.05.15.2.C 60.05.35.2.B Parapet wall requirement for flat roofs
60.05.20.5.A 60.05.40.5 Landscape planter island for every 8
contiguous spaces
60.05.25.10.A 60.05.45.8 Grading
60.05.25.3.G 60.05.45.1.A Common open space dimensions and active
open space improvements
60.05.25.13 60.05.45.11.A, B, and C Tract B/Park A landscape buffering
60.05.30.1.A 60.05.50.4 Lot 1 lighting
A. 60.05. Design Review Principles, Standards, and Guidelines
Response: Design Review is requested for Lot 1, Buildings 1A, 1B, and 1C and associated structures, and
Tract B (Park A). The responses below are specific to the proposed development on Lot 1 and Tract B. Future
development on Lots 2-6 will be subject to separate Design Review applications.
60.05.15. Building Design and Orientation Standards.
Unless otherwise noted, all standards apply in all zoning districts.
1. Building articulation and variety.
A. Attached residential buildings in Residential zones shall be limited in length to two hundred (200) feet.
Response: The requested R1 zone for Lot 1 is a Residential zone, therefore, this standard is applicable.
As noted on Sheet A1-2.02, Building 1A is over 264 ft. in length; as noted in Sheet A2-201, the length of
Building 1B is more than 229 ft. in length; and as noted in Sheet A3-2.01, the length of Building 1C is
more than 229 ft. in length. The corresponding Design Guideline 60.05.35.1.A and B. is addressed below
in Design Review Guidelines.
B. Buildings visible from and within 200 feet of an adjacent public street shall have a minimum portion of
the street-facing elevation(s) and the elevation(s) containing a primary building entrance or multiple
tenant entrances devoted to permanent architectural features designed to provide articulation and
variety. These permanent features include, but are not limited to windows, bays and offsetting walls
that extend at least eighteen inches (18”), recessed entrances, loading doors and bays, and changes
in material types. Changes in material types shall have a minimum dimension of two feet and
minimum area of 25 square feet. The percentage of the total square footage of elevation area is:
1. Thirty (30) percent in Residential zones and all uses in Commercial and Multiple Use zones.
Response: There are two public streets adjacent to Lot 1: Street B to the west and Mountainside
Way to the south. Building 1C is within 200 ft of and visible from both Mountainside Way and Street
B. Building 1B is within 200 ft. of and visible from Street B. Building 1A is within 200 ft. of and visible
from the northern end of Street B. At least 30 percent of all building elevations are devoted to
permanent architectural features including windows, bays, changes in plane and changes in material
type. Details of each building are provided below.
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Building 1A
Building 1A is within 200 ft. of and is visible from Street B, and southern and western elevations of the
building are subject to these standards. See Sheet A1-3.01 for details.
▪ South elevation: The south-facing elevation is visible from Street B. The south-facing elevation
contains the primary building entrance and contains permanent features including windows,
offsetting walls, balconies, and changes in material types.
▪ West elevation: The west elevation faces Street B. This elevation contains permanent features
including windows, changes in material, and offsets.
Building 1B
Building 1B is within 200 ft. of and is visible from Street B and the west, north, and south elevations
are subject to these standards. See Sheets A2-3.01 and A2-3.02 for details.
▪ South elevation: The primary street-facing façade is the south-facing elevation. The south-facing
elevation contains the building entrances and permanent features including windows, offsetting
walls, balconies, and changes in material types.
▪ West elevation: The primary street-facing façade is the west elevation. This elevation contains
permanent features including windows, changes in material, and offsets.
▪ North elevation: The north elevation is visible from Street B. This elevation mirrors the south
elevation and includes entrances and permanent features including windows, offsets, balconies,
and material changes.
Building 1C
Building 1C is within 200 ft. of and is visible from Mountainside Way and Street B, and the west,
north, and south elevations are subject to these standards. See Sheets A3-3.01 and A32-3.02 for
details.
▪ South elevation: The primary Mountainside Way street-facing façade is the south-facing
elevation. The south-facing elevation contains the building entrances and permanent features
including windows, offsetting walls, balconies, and changes in material types.
▪ West elevation: The primary Street B street-facing façade is the west elevation. This elevation
contains permanent features including windows, changes in material, and offsets.
▪ North elevation: The north elevation is visible from Street B. This elevation mirrors the south
elevation and includes entrances and permanent features including windows, offsets, balconies,
and material changes.
[…]
C. The maximum spacing between permanent architectural features, both vertically and horizontally,
shall be no more than:
1. Forty (40) feet in Residential zones, and all uses in Commercial and Multiple Use zones.
[…]
Response: The R1 zone is a residential zone, and these standards are applicable to the proposed
residential buildings. Building plans and elevations are included as Architectural Sheets A1-2.01 to
A4-4.04.
Each of the elevations is well-articulated and includes a variety of permanent architectural features.
The spacing between permanent architectural features on all buildings does not exceed 40 ft.
However, there is a lack of clarity about how this standard is to be applied, and corresponding Design
Guideline 60.05.35.1.E is addressed below in Design Review Guidelines.
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D. In addition to the requirements of Section 60.05.15.1.B. and C, detached and attached residential
building elevations facing a street, common green or shared court shall not consist of undifferentiated
blank walls greater than 150 square feet in area. Building elevations shall be articulated with
architectural features such as windows, dormers, porch details, alcoves, balconies or bays.
Response: The southern elevation of Building 1A faces the street at an angle and is subject to this
requirement. The southern and western facades of Buildings 1B and 1C are also subject to this
requirement.
The requirement is generally met for the street-facing elevations of Buildings 1A, 1B, and 1C. There are a
few exceptions and they primarily exist at the top of the walls near the parapets and roofs, and on the
western elevation to accommodate required utility rooms. This allows flexibility to provide uniquely sloping
roof forms. Therefore, this standard is not met. The corresponding Design Guideline 60.05.35.1.E. is
addressed below in Design Review Guidelines.
2. Roof forms.
A. All sloped roofs exposed to view from adjacent public or private streets and properties shall have a
minimum 4/12 pitch.
Response: The proposed buildings incorporate unique roof forms with variable slopes. Therefore, this
standard is minimally exceeded on the west and east facades of Buildings 1A, 1B, and 1C between
permanent architectural features and on the upper portions of the north and south facades along the
entire length of each building. The corresponding Design Guideline 60.15.35.2 is addressed below in
Design Review Guidelines.
B. Sloped roofs on residential uses in residential zones and on all uses in multiple use and commercial
zones shall have eaves, exclusive of rain gutters, that must project from the building wall at least
twelve (12) inches.
Response: As illustrated in the Architectural Sheets, eaves on Buildings 1A, 1B, and 1C project at least
12 inches. This standard is met.
C. All roofs with a slope of less than 4/12 pitch shall be articulated with a parapet wall that must project
vertically above the roof line at least twelve (12) inches or architecturally treated, such as with a
decorative cornice.
Response: Buildings 1A, 1B, and 1C have sloped roofs that vary in form to reflect the surrounding
topography. As such, some roofs are sloped less than 4/12 and those do not include parapets. Therefore,
this standard is not met. The corresponding Design Guideline 60.15.35.2 Is addressed below in Design
Review Guidelines.
[…]
3. Primary building entrances.
A. Primary entrances, which are the main point(s) of entry where the majority of building users will enter
and leave, shall be covered, recessed, or treated with a permanent architectural feature in such a
way that weather protection is provided. The covered area providing weather protection shall be at
least six (6) feet wide and four (4) feet deep.
Response: The primary entrances for Building 1A are on the south elevation; as shown in Sheet A1-2.01,
these entrances are covered by awnings that are 6 ft. deep and 10 ft. 4 in. wide. The primary entrances
for Building 1B are on the south elevation; as shown in Sheet A2-2.01, these entrances are covered by
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awnings that are 6 ft. deep and 10 ft. 4 in. wide. The primary entrance for Building 1C is on the south
elevation; as shown in Sheet A3-3.01, this entrance is covered by an awning that is 6 ft. deep and 11 ft.
10 in. wide. This standard is met.
4. Exterior building materials.
A. For attached residential uses in Residential zones and all residential uses in Multiple Use zones, a
minimum of seventy-five (75) percent of each elevation that is visible from and within 200 feet of a
public street or a public park, public plaza or other public open space, and on elevations that include
a primary building entrance or multiple tenant entrances shall be double wall construction.
Response: Lot 1 is in the R1 zone, and this standard is applicable. All walls of Buildings 1A, 1B, and 1C
are double wall construction. This standard is met.
B. For Conditional Uses in Residential zones and all uses in Commercial and Multiple Use zones
(except detached residential uses fronting streets, common greens and shared courts), a maximum of
thirty (30) percent of each elevation that is visible from and within 200 feet of a public street or a
public park, public plaza or other public open space, and on elevations that include a primary building
entrance or multiple tenant entrances may be plain, smooth, unfinished concrete, concrete block,
plywood and sheet pressboard. The remaining elevation area for all applicable uses in all applicable
zones shall be architecturally treated. Appropriate methods of architectural treatment shall include,
but are not limited to, scoring, changes in material texture, and the application of other finish materials
such as wood, rock, brick or tile wall treatment. [ORD 4542; June 2010] [ORD 4576; January 2012]
[ORD 4584; June 2012] […]
Response: The proposed residential development is permitted outright in the R1 zone and this standard
is not applicable. However, all elevations of all buildings are architecturally treated with finished materials
that provide textural variety. These materials include stone veneer, brick veneer, fiber cement lap siding,
fiber cement panel siding, wood siding, metal siding and perforated metal screen. All architectural
materials extend to grade and no substantial amount of concrete is exposed. This standard is met.
C. For Conditional Uses in Residential zones and all uses in Commercial and Multiple Use zones, plain,
smooth, exposed concrete and concrete block used as foundation material shall not be more than
three (3) feet above the finished grade level adjacent to the foundation wall, unless pigmented,
textured, or both. In Industrial districts, foundations may extend up to four (4) feet above the finished
grade level. [ORD 4584; June 2012]
Response: The proposed residential development is permitted outright in the R1 zone and this standard
is not applicable. The proposed residential buildings are permitted in the R1 zone by right. These
standards are not applicable. However, the concrete foundation walls of Buildings 1A, 1B, and 1C are not
exposed more than 3 feet.
5. Roof-mounted equipment.
A. All roof-mounted equipment shall be screened from view from adjacent streets or adjacent properties
in one of the following ways:
1. A parapet wall; or
2. A screen around the equipment that is made of a primary exterior finish material used on other
portions of the building; or
3. Setback from the street-facing elevation such that it is not visible from the public street(s); or
4. Screened from view by another building.
Response: A combination of all three screening methods will be used. This standard is met.
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[…]
6. Building location and orientation along streets in Commercial and Multiple Use zones.
[…]
Response: Lot 1 is located in the R1 zone. These standards are not applicable to Buildings 1A, 1B, and
1C.
60.05.20. Circulation and Parking Design Standards.
Unless otherwise noted, all standards apply in all zoning districts.
1. Connections to the public street system.
A. Pedestrian, bicycle, and motor vehicle connections shall be provided between the on-site circulation
system and adjacent existing and planned streets as specified in Tables 6.1 through 6.6 and Figures
6.1 through 6.23 of the Comprehensive Plan Transportation Element.
Response: The Comprehensive Plan Transportation Element has not yet incorporated the South Cooper
Mountain plan area. The proposed development connects to the existing and proposed street system via
a connection to Mountainside Way, which will provide eventual connection to the North Cooper Mountain
Area and current connects to SW Scholls Ferry Road to the south. The on-site circulation provides direct
connections between building entrances and the streets, as well as direct connections to the multiuse trail
parallel to Scholls Ferry Road. See Sheet C1.06 for a demonstration of the site circulation. This standard
is met.
2. Loading areas, solid waste facilities and similar improvements.
A. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, recycling
containers, transformer and utility vaults and similar activities shall be located in an area not visible
from a public street, or shall be fully screened from view from a public street.
Response: As shown on Sheet C3.02, the waste/recycling areas are located along the eastern side of
Lot 1, as far for the adjacent streets as possible. Enclosed trash and recycling areas are provided
southeast of Building 1A, northeast of Building 1B, and northeast of Building 1C. The areas will be fully
enclosed as shown in Sheets A5-2.01 and A5-2.02. This standard is met.
The location of utility vaults is not known at this time. Screening will be provided as required.
B. Except for manufacturing, assembly, fabricating, processing, packing, storage and wholesale and
distribution activities which are the principle use of a building in Industrial districts, all loading docks
and loading zones shall be located in an area not visible from a public street, or shall be fully
screened from view from a public street.
Response: The proposed development on Lot 1 is residential, and the proposed development on Tract B
is a park. This standard is not applicable.
C. Screening from public view for service areas, loading docks, loading zones and outdoor storage
areas, waste storage, disposal facilities, recycling containers, transformer and utility vaults and similar
activities shall be fully sight-obscuring, shall be constructed a minimum of one foot higher than the
feature to be screened, and shall be accomplished by one or more of the following methods:
1. Solid screen wall constructed of primary exterior finish materials utilized on primary buildings,
2. Solid hedge wall with a minimum of ninety-five (95) percent opacity within two (2) years.
3. Solid wood fence.
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Response: Enclosed trash and recycling areas are provided southeast of Building 1A, northeast of
Building 1B, and northeast of Building 1C. The areas will be fully enclosed as shown in Sheets A5-
2.01 and A5-2.02.
D. Screening from public view by chain-link fence with or without slats is prohibited.
Response: The use of chain-link fence is not proposed.
3. Pedestrian circulation.
A. Pedestrian connections shall be provided that link to adjacent existing and planned pedestrian
facilities as specified in Tables 6.1 through 6.6 and Figures 6.1 through 6.23 of the Comprehensive
Plan Transportation Element, and to the abutting public street system and on-site buildings, parking
areas, and other facilities where pedestrian access is desired. Pedestrian connections shall be
provided except when one or more of the following conditions exist:
1. Where physical or topographic conditions, such as a grade change of ten (10) feet or more at a
property line to an adjacent pedestrian facility, make connections impractical,
2. Where uses including manufacturing, assembly, fabricating, processing, packing, storage and
wholesale and distribution activities which are the principle use of a building in Industrial districts
occur,
3. Where on-site activities such as movement of trucks, forklifts, and other large equipment would
present potential conflicts with pedestrians, or
4. Where buildings or other existing development on adjacent lands physically preclude a
connection now or in the future.
Response: The Comprehensive Plan Transportation Element has not yet incorporated the South Cooper
Mountain plan area. Sidewalks will be provided on both sides of Street A, Street B, Main Street, and
Mountainside Way, and the eastern side of Street C. These pedestrian circulation facilities will connect to
existing or proposed facilities to the west, south, east, and north. Improvements to Mountainside Way and
Scholls Ferry Road will include sidewalks that connect to the site and to existing sidewalk improvements
to the east.
As shown in Sheet C1.06, on-site pedestrian connections are provided to connect each Lot 1 building
entrance to the public way, and a robust pedestrian network is proposed for the park in Tract B. The
walkway at the west end of Building 1A service the utility room located at the end of the building. This is
not a building entrance. This standard is met.
B. A reasonably direct walkway connection is required between primary entrances, which are the main
point(s) of entry where the majority of building users will enter and leave, and public and private
streets, transit stops, and other pedestrian destinations.
Response: As shown in Sheet C1.06, on-site pedestrian connections are provided to connect each Lot 1
building entrance to the public way. This standard is met.
C. A reasonably direct pedestrian walkway into a site shall be provided for every 300 feet of street
frontage or for every eight aisles of vehicle parking if parking is located between the building and the
street. A reasonably direct walkway shall also be provided to any accessway abutting the site. This
standard may be waived when topographic conditions, man-made features, natural areas, etc.
preclude walkway extensions to adjacent properties.
Response: The Lot 1 frontage along Mountainside Way is approximately 273 ft. and the site frontage
along Street B is approximately 438 ft. These standards are applicable to the Street B street frontage.
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None of the proposed parking areas are located between the buildings and the street and this standard is
not applicable to the parking areas.
As shown on Sheets C1.06, C3.02 and C3.03, pedestrian walkways are provided at several locations
along Street B: a walkway connects the southern frontages of Building 1A to the sidewalk on Street B at
the northern end of the cul-de-sac; a second pedestrian walkway connects the northern entrances of
Building 1B to the sidewalk on Street B; a third pedestrian walkway connects the southern entrances of
Building 1B to the private park and the sidewalk on Street B; and a fourth pedestrian walkway connects
the northern entrances of Building 1C to the sidewalk on Street B.
Though not required due to the shorter frontage on Mountainside Way, a pedestrian walkway connects
the northern entrances of Building 1C to Mountainside Way at the southeastern corner of the building and
a second pedestrian walkway connects the southern entrance of Building 1C to the Mountainside Way
sidewalk at the southwestern corner of the building.
This standard is met.
D. Pedestrian connections through parking lots shall be physically separated from adjacent vehicle
parking and parallel vehicle traffic through the use of curbs, landscaping, trees, and lighting, if not
otherwise provided in the parking lot design.
Response: Pedestrian connections are provided adjacent to Buildings 1A, 1B, and 1C by a physically
separated walkway. Connections to the trash enclosures are identified by a specific paving pattern.
E. Where pedestrian connections cross driveways or vehicular access aisles a continuous walkway shall
be provided, and shall be composed of a different paving material than the primary on-site paving
material.
Response: Where pedestrian walkways cross driveways or vehicular access aisles, the paving material
will be scored concrete to distinguish it from the primary paving material. See Sheets C3.10 to C3.13.
This standard is met.
F. Pedestrian walkways shall have a minimum of five (5) foot wide unobstructed clearance and shall be
paved with scored concrete or modular paving materials. In the event that the Americans with
Disabilities Act (ADA) contain stricter standards for any pedestrian walkway, the ADA standards shall
apply.
Response: As shown in Sheets C3.02 and C3.03, pedestrian walkways on Lot 1 and within the park on
Tract B are at least 5 ft. wide and will be a combination of grade-separated curb and at-grade paving.
An exception to this width is the walkway at the west end of Building 1A. This walkway is 3 ft. wide, which
complies with ADA standards, and provides access to the utility room at the western end of the building
and is not intended for use by the general public. It will be accessed infrequently by utility and/or
maintenance personnel.
This standard is met.
4. Street frontages and parking areas.
A. Surface parking areas abutting a public street shall provide perimeter parking lot landscaping which
meets one of the following standards:
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1. A minimum six (6)-foot wide planting strip between the right-of-way and the parking area.
Pedestrian walkways and vehicular driveways may cross the planting strip. Trees shall be
planted at a minimum 2 1/2 inch caliper at a maximum of thirty (30) feet on center. Planting strips
shall be planted with an evergreen hedge that will provide a 30-inch high screen and fifty (50)
percent opacity within two years. The maximum height shall be maintained at no more than
thirty-six (36) inches. Areas not covered by trees or hedge shall be landscaped with live ground
cover. Bumper overhangs which intrude into the planting strip shall not impact required trees or
hedge; or
2. A solid wall or fence 30 to 36 inches in height parallel to and not nearer than four (4) feet from the
right-of-way line. The area between the wall or fence and the street line shall be landscaped with
live ground cover. Pedestrian walkways and vehicular driveways may cross the wall or fence.
Response: As shown on Sheet C3.03, a portion of the parking lot north of Building 1C abuts the Street B
right-of-way, and this standard is applicable. The edge of the parking area is located approximately 13 ft.
from the right-of-way. As shown on Sheet L2.03, this area will be landscaped with a combination of trees
and ground cover. This standard is met.
5. Parking area landscaping.
A. Landscaped planter islands shall be required according to the following:
1. Residential uses in residential zones, one for every eight (8) contiguous parking spaces.
[…]
Response: Lot 1 is zoned R1, and these standards are applicable. As shown in Sheets L2.02 and L2.03,
landscaped planter islands are provided at regular intervals within the parking lot on Lot 1; 8 of the
parking areas exceed 8 contiguous parking spaces. The corresponding Design Guideline 60.15.40.5 is
addressed below in Design Review Guidelines.
B. The island shall have a minimum area of 70 square feet, and a minimum width of 6 feet, and shall be
curbed to protect landscaping. The landscaped island shall be planted with a tree having a minimum
mature height of 20 feet. If a pole-mounted light is proposed to be installed within a landscaped
planter island, and an applicant demonstrates that there is a physical conflict for siting the tree and
the pole-mounted light together, the decision-making authority may waive the planting of the tree,
provided that at least seventy-five (75) percent of the required islands contain trees. Landscaped
planter islands shall be evenly spaced throughout the parking area.
Response: Each landscaped planter island provided in the parking lots exceeds 70 square feet in area
and 6 feet in width and has curbs on all sides. Each island is planted with at least one tree with a
minimum mature height of 20 feet. See Sheets L2.02 and L2.03. This standard is met.
C. Linear raised sidewalks and walkways within the parking area connecting the parking spaces and on-
site building(s) may be counted towards the total required number of landscaped islands, provided
that all of the following is met:
1. Trees are spaced a maximum of 30 feet on center on a minimum of one side of the sidewalk.
2. The minimum unobstructed sidewalk width is five feet.
3. The sidewalk is separated from the parking area by curbs, bollards, or other means on both
sides.
4. Trees are located in planting area with groundcover or planted in covered tree wells.
5. Trees within the linear sidewalk area shall constitute no more than 50 percent of the total required
number of trees within required landscaped planter islands. All remaining required trees shall be
located within landscaped planter islands.
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Response: Though there are raised sidewalks and walkways within the parking area, they are not
proposed to be counted toward the required landscape islands. This standard is not applicable.
D. Trees planted within required landscaped planter islands or the linear sidewalk shall be of a type and
species identified by the City of Beaverton Street Tree List or an alternative approved by the City
Arborist.
Response: All proposed trees are on the City of Beaverton Street Tree List. This standard is met.
6. Off-Street parking frontages in Multiple Use zones.
Response: Lot 1 is zoned R1, a residential zone. This standard is not applicable.
7. Sidewalks along streets and primary building elevations in Commercial and Multiple Use zones.
Response: Lot 1 and Tract B are zoned R1, a residential zone. This application does not propose any
development in a Commercial or Multiple Use Zone. This standard is not applicable.
8. Connect on-site buildings, parking, and other improvements with identifiable streets and drive aisles in
Residential, Commercial, and Multiple Use zones.
A. Parking lot drive aisles that link public streets and/or private streets with parking stalls shall be
designed as private streets consistent with the standard as described under Section 60.05.20.8.B.,
unless one of the following is met:
1. The parking lot drive aisle is less than 100 feet long;
2. The parking lot drive aisle serves 2 or less residential units; or
3. The parking lot drive aisle provides direct access to angled or perpendicular parking stalls.
Response: As shown on Sheets C3.02 and C3.03, two parking lot drive aisles are proposed to link the
Lot 1 parking lots with Street B. Both parking lot drive aisles provide direct access to perpendicular
parking stalls. In addition, both parking lot drive aisles are less than 100 ft. long. This standard is not
applicable.
B. Private streets, common greens, and shared courts shall meet the following standards:
1. Private streets serving non-residential uses and residential uses having five or more units shall
have raised curbs and minimum five (5) foot wide unobstructed sidewalks on both sides.
Response: No private streets are proposed with Lot 1 or Tract B development. This standard is not
applicable.
2. Private streets serving less than five (5) residential units shall have raised curbs and a minimum
five (5) foot wide unobstructed sidewalk on at least one side.
Response: No private streets are proposed with Lot 1 or Tract B development. This standard is not
applicable.
3. When common greens and shared courts are utilized, an unobstructed walkway a minimum of
five (5) feet wide shall be provided within the common green or shared court.
Response: No common greens or shared courts are proposed with Lot 1 or Tract B development.
This standard is not applicable.
[…]
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60.05.25. Landscape, Open Space, and Natural Areas Design Standards.
Unless otherwise noted, all standards apply in all zoning districts.
[…]
3. Minimum landscape requirements for residential developments consisting of eight (8) or more units of
Attached Housing or Compact Detached Housing.
Response: Where it’s not possible to meet the Design Standards under Section 60.05.25.3, these standards
are addressed under the corresponding Design Guidelines for Section 60.05.45.1.
A. Common open space shall consist of active, passive, or both open space areas, and shall be
provided as follows:
[…]
2. For developments that are part of a Planned Unit Development, provisions of Section 60.35.15.4.
shall apply.
Response: The applicant requests Planned Unit Development approval for the Blackbird Farms site
concurrently with this Design Review request for the development of Lot 1 and Tract B. The Blackbird
Farms PUD is subject to the provisions of Section 60.35.15.4.
B. At least twenty-five (25) percent of the total required open space area shall be active open space.
Response: As shown on Sheet C1.04, the Blackbird Farms PUD proposes 151,698 sq. ft, or 25.3
percent, of the open space as active open space. The active open space includes two public parks (Park
A/Tract B and Park C/Tract C), multiuse trails; a private open space on Lot 1 (Park B); a private open
space on Lots 2, 3, and 5; ground-floor patios at Buildings 1A, 1B, and 1C; and an interior amenity space
in Building 1B. See Sheet C1.04 for details.
C. For the purposes of this Section, environmentally sensitive areas shall be counted towards the
minimum common open space requirement. Aboveground landscaped water quality treatment
facilities shall be counted toward the minimum common open space requirement.
Response: As detailed in Appendix I, the site contains 12.9 ac of environmentally sensitive areas in the
northern portion of the site, this area is counted towards the open space requirements. This standard is
met.
D. For the purposes of this Section, vehicular circulation areas and parking areas, unless provided as
part of a common green or shared court, shall not be considered common open space.
Response: The provided common open space does not include the land proposed for parking or
vehicular circulation. This standard is met.
E. Individual exterior spaces such as outdoor patios and decks constructed to serve individual units shall
count toward the common open space requirement, with the following restrictions:
1. Only a maximum of 120 square feet per unit may count toward the requirement.
2. Only patios and decks provided on the ground floor elevation level may count toward the
requirement.
Response: Individual ground floor patios and decks in Buildings 1A, 1B, and 1C are counted toward the
common open space requirement. No more than 120 sq. ft. per unit is counted. This standard is met.
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F. Common open space shall not abut a Collector or greater classified street as identified in the City’s
adopted Functional Classification Plan, unless that common open space shall be allowed adjacent to
these street classifications where separated from the street by a constructed barrier at least three (3)
feet in height.
Response: Mountainside Way is a Collector street. Tract C is proposed as common open space and is
adjacent to Mountainside Way. A barrier will be provided with detailed design of the site.
G. Common open space shall be no smaller than 640 square feet in area, shall not be divided into areas
smaller than 640 square feet, and shall have minimum length and width dimensions of 20 feet.
Response: There are three spaces that do not meet this standard: the ground floor decks and patios in
Buildings 1A, 1B, and 1C are less than 640 sq. ft. and 20 ft. wide; the Lot 2 open space has dimensions
of less than 20 ft.; and the Lot 3 opens space has dimensions of less than 20 ft. The corresponding
Design Guideline 60.05.45.1.A is addressed below in Design Review Guidelines.
H. In phased developments, common open space shall be provided in each phase of the development
consistent with or exceeding the requirements for the size and number of dwelling units proposed.
Response: The proposed development will be phased; Sheet C1.04 identifies the open space to be
provided per phase and Sheet C1.05 identifies the phasing of the overall project, including the common
open space. Lot 1/Phase 1 will provide a substantial amount of the open space for the overall
development. This standard is met.
I. Active common open spaces shall be included in all developments, and shall include at least two (2)
of the following improvements:
1. A bench or other seating with a pathway or other pedestrian way;
2. A water feature such as a fountain;
3. A children’s play structure;
4. A gazebo;
5. Clubhouse;
6. Tennis courts;
7. An indoor or outdoor sports court; or
8. An indoor or outdoor swimming and/or wading pool.
9. Plaza
Response: Active common open spaces proposed for the Blackbird Farm site include plazas, multiuse
paths, an active area within Open Space A/Tract A adjacent to the multiuse paths, and a public park.
Building 1B open space (Park B) includes a splash pad/fountain, benches, and a resident amenity patio
with table seating. Park A/Tract B includes a children’s play structure, benches, table seating, and a
gazebo/shade structure. Open Space A contains table seating accessed by a path. The open space north
of Building 1B contains a bench and a table. The Building 1C open space includes a bench and a table,
as does Park C/Tract C.
The Lot 2, 3, 4, 5, and 6 open spaces will be designed in more detail when those lots are developed.
This standard is met.
[…]
4. Additional minimum landscape requirements for Attached Housing and Compact Detached Housing:
A. All front yard areas and all required open space areas not occupied by structures, walkways,
driveways, plazas or parking spaces shall be landscaped.
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Response: All front yard areas and unpaved open space areas on Lots 1-5 are proposed to be
landscaped. Refer to landscape plans on Sheets L2.01 to L2.05. This standard is met.
B. Landscaping shall include live plants or landscape features such as fountains, ponds or other
landscape elements. Bare gravel, rock, bark and similar materials are not a substitute for plant cover,
and shall be limited to no more than twenty-five (25) percent of the landscape area.
Response: Landscape plantings are proposed to cover the landscape area. Gravel, rock, and bark are
limited to less than 25 percent of the landscape area. See Sheets L2.01 to L2.05. This standard is met.
C. For the purposes of this Section, vehicular circulation areas and parking areas, unless provided as
part of a shared court, shall not be considered landscape area.
Response: The provided common open space does not include the land proposed for parking or
vehicular circulation. This standard is met.
D. All street-facing building elevations shall have landscaping along their foundation, excluding buildings
that are placed at the property line or setback less than 12-inches from the property line. When a
porch obstructs a foundation, landscaping shall be installed along the outer edge of the porch. This
landscaping requirement shall not apply to portions of the building facade that provide access for
pedestrians or vehicles to the building, or for plazas adjacent to the building. The foundation
landscaping shall meet the following minimum standards:
1. The landscaped area shall be at least three (3) feet wide; and,
Response: This standard is applicable for the western elevation of Building 1B and the western and
southern elevations of Building 1C. As shown on Sheets L2.02 and L2.03, the western elevations of
both buildings have landscaping along their foundations at depths of 5 ft. to 18 ft. except for the door
at the ground level.
The southern elevation of Building 1C has landscaped area of at least 17 ft. deep. The street-facing
elevations of Buildings 1, 2, and 3 are landscaped with a combination of in-ground landscaping and
stormwater facilities. This standard is met.
2. For every three (3) lineal feet of foundation, an evergreen shrub having a minimum mature height
of twenty-four (24) inches shall be planted; and,
Response: As shown on Sheets L2.02 and L2.03, evergreen shrubs with a minimum mature height
of 24 inches are provided, for at least every three linear feet of foundation.
3. Groundcover plants shall be planted in the remainder of the landscaped area.
Response: Groundcover plants are planted in the remainder of the foundation landscape area. This
standard is met.
E. The following minimum planting requirements for required landscaped areas shall be complied with.
These requirements shall be used to calculate the total number of trees and shrubs to be included
within the required landscape area:
1. One (1) tree shall be provided for every eight hundred (800) square feet of required landscaped
area. Evergreen trees shall have a minimum planting height of six (6) feet. Deciduous trees shall
have a minimum caliper of 1.5 inches at time of planting.
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Response: As noted on Sheet C1.21, Lot 1 is 4.78 ac in area and 0.71 ac of landscaped area, and
39 trees are required on Lot 1. As shown on Sheets L2.02 and L2.03, 1.31 ac of landscaped area and
143 trees are provided. Planned evergreen trees have a minimum planting height of six feet and
deciduous trees have a minimum caliper of 1.5 inches. This standard is met.
2. One (1) evergreen shrub having a minimum mature height of forty-eight (48) inches shall be
provided for every four hundred (400) square feet of required landscaped area.
Response: The proposed Lot 1 development includes 677 evergreen shrubs. This standard is met.
3. Live ground cover consisting of low-height plants, or shrubs, or grass shall be planted in the
portion of the landscaped area not occupied by trees or evergreen shrubs. Bare gravel, rock,
bark or other similar materials may be used, but are not a substitute for ground cover plantings,
and shall be limited to no more than twenty-five (25) percent of the required landscape area.
Response: Live ground cover plantings are planned for the areas surrounding trees and shrubs
landscape area. Gravel, rock, and bark are limited to less than 25 percent of the landscape area. This
standard is met.
F. A hard surface pedestrian plaza or combined hard surface and soft surface pedestrian plaza, if
proposed shall be counted towards meeting the minimum landscaping requirement, provided that the
hard-surface portion of the plaza shall not exceed twenty-five (25) percent of the minimum
landscaping requirement. […]
Response: No pedestrian plazas are proposed on Lot 1 or in the larger Blackbird Farms site. This
standard is not applicable.
[…]
8. Retaining walls. Retaining walls greater than six (6) feet in height or longer than fifty (50) lineal feet used
in site landscaping or as an element of site design shall be architecturally treated with contrasting scoring,
or texture, or pattern, or off-set planes, or different applied materials, or any combination of the foregoing,
and shall be incorporated into the overall landscape plan, or shall be screened by a landscape buffer.
Materials used on retaining walls should be similar to materials used in other elements of the landscape
plan or related buildings, or incorporate other landscape or decorative features exclusive of signs. If
screening by a landscape buffer is utilized, a buffer width of at least five (5) feet is required, landscaped to
the B3-High Screen Buffer standards.
Response: As shown on Sheets C2.00 and C2.01 and Sheets C2.20 and C2.22, retaining walls are proposed
at the northern end of the site on Lots 1, 3, and 4 and along the eastern boundary of Lot 1, on the western
portion of Lot 5 adjacent to Stormwater Pond A, and at the northern end of Tract B/Park A. Portions of these
retaining walls exceed 6 feet in height or 50 lineal feet in length, as shown and are subject to these standards.
The retaining walls will be architecturally treated with a surface pattern and softened with landscaping where
possible, as shown on Sheet L2.05. This standard is met.
9. Fences and walls.
A. Fences and walls shall be constructed of any materials commonly used in the construction of fences
and walls such as wood, stone, rock, or brick, or other durable materials.
B. Chain link fences are acceptable as long as the fence is coated and includes slats made of vinyl,
wood or other durable material. Slats may not be required when visibility into features such as open
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space, natural areas, parks and similar areas is needed to assure visual security, or into on-site areas
in industrial zones that require visual surveillance.
C. Masonry walls shall be a minimum of six inches thick. All other walls shall be a minimum of three
inches thick.
D. For manufacturing, assembly, fabricating, processing, packing, storage and wholesale and
distribution activities which are the principle use of a building in Industrial districts, the preceding
standards apply when visible from and within 200 feet of a public street.
E. Fences and walls:
1. May not exceed three feet in height in a required front yard along streets, except required above
ground stormwater facilities fencing which may be four feet in height in a required front yard, and
eight feet in all other locations.
2. May be permitted up to six feet in a required front yard along designated Collector and Arterial
streets.
3. For detached housing along streets and housing facing common greens and shared courts in
Multiple Use zones, 3 feet high fences and walls are permitted in front of the building, and on
corner lots abutting a street, along the side of the building. Higher fences and walls are permitted
on corner lots along the side of the building beginning within 15 feet of the back end of the
building nearest to the property line.
Response: The proposed retaining walls on site will be constructed of materials commonly used in the
construction of walls, generally concrete. No retaining walls are proposed in required front yards.
As shown on Sheets L2.04 and L2.05, a pedestrian guardrail is proposed at the northern end of Tract
B/Park A at the ramp connection to the multiuse trail network. In addition, a split rail fence is proposed on
the southern end of the park within the landscaped area. As shown in Sheet L2.05, the split rail fence will
be a low fence and the retaining walls are expected to be built of concrete.
This standard is met.
10. Minimize significant changes to existing on-site surface contours at residential property lines.
A. Where grading is proposed, the requirements listed in in Section 60.15.10.2 shall apply .
B. Notwithstanding the requirements of subsection A. above, grading within 25 feet of a property line
shall not change the existing slopes by more than ten percent within a tree root zone of an identified
Significant Individual Tree, identified Historic Tree, or a tree within an identified Significant Grove or
Significant Natural Resource Area located on an abutting property unless evidence provided by a
certified arborist supports additional grading that will not harm the subject grove or tree.
Response: The standards of 60.15.10.2 are addressed in the responses to that subsection.
There are no identified significant groves or trees, or identified historic trees, located on abutting
properties with tree root zones within 25 feet of the subject site’s property lines. The Ridge open space
tract abuts proposed Lot 4 and Tract A. However, there are no trees within 25 ft. of the boundary of Lot 4
on The Ridge site.
The proposal also revises the grading of The Ridge Phase 2 to accommodate construction of Street C.
There are no Significant Individual Trees, Identified Historic Trees, or Significant Groves or SNRAs
located in this portion of The Ridge. Removal of the trees along the eastern property boundary of The
Ridge Phase 2 was approved with The Ridge PUD to accommodate proposed Private Road A (Street C
of Blackbird Farms).
11. Integrate water quality, quantity, or both facilities. Non-vaulted surface stormwater detention and
treatment facilities having a side slope greater than 2:1 shall not be located between a street and the front
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of an adjacent building.
Response: Stormwater detention and treatment facilities are a combination of belowground detention basins
and LIDA. As shown in Sheets C2.01 to C2.03, none of the above-ground facilities are located between a
street and the front of an adjacent building. This standard is met.
12. Natural areas. Development on sites with City-adopted natural resource features such as streams,
wetlands, significant trees and significant tree groves, shall preserve and maintain the resource without
encroachment into any required resource buffer standard unless otherwise authorized by other City or
CWS requirements.
Response: The site contains 12.9 ac of mapped wetlands, ponds, and buffers. Encroachment into this area
has been limited to multiuse paths and stormwater outfalls. CWS has reviewed the proposed development
and provided comments and conditions. See Appendix C.
13. Landscape buffering and screening. All new development and redevelopment in the City subject to
Design Review shall comply with the landscape buffering requirements of Table 60.05-2. and the
following standards. For purposes of this Section, a landscape buffer is required along the property lines
between different zoning district designations. A landscape buffer is required for non-residential land uses
and parks in Residential zoning districts. Both buffering standards and side and rear building setback
requirements shall be met. Only landscaping shall be allowed in the landscape buffer areas. Buffer areas
and building setback standards are measured from the property line, they are not additive. Where a yard
setback width is less than a landscape buffer width, the yard setback width applies to the specified buffer
designation (B1, B2, or B3 as appropriate). A landscape buffer width cannot exceed a minimum yard
setback dimension. In addition, the buffer area and landscape standard are intended to be continuously
applied along the property line, except as authorized under Section 60.05.45.10.
A. Applicability of buffer standards:
1. The buffer standards shall not be applicable to individual single-family buildings on individual
parcels.
2. The buffer standards shall not apply to areas where emergency access is required.
3. The buffer standards shall not apply to areas where a public utility easement exists. This
exemption only applies to trees and does not exempt the requirement of shrubs and ground
cover.
4. The buffer standards shall not apply along property lines where a non-residential use is already
buffered by a natural feature or an open space dedication, if such a natural buffer or dedication is
at least 40 feet in width, or if the width of the natural feature or open space dedication and the
density and quality of landscaping meet or exceed the applicable landscape buffer standard.
5. The buffer standards shall not apply where required for visual access purposes as determined by
the City Traffic Engineer or City Police. This exemption only applies to trees and shrubs and does
not exempt the requirement of ground cover. [ORD 4531; April 2010]
Response: Lot 1 and Tract B/Park A are zoned R1. The development proposed for Lot 1 is a multifamily
development. The lot to the east of Lot 1 is zoned R1; the lots to the west of Lot 1 and Tract B are zoned
R1. No buffer is required between sites with the same zoning designation.
The lot to the north of Lot 1 and Tract B is owned by THPRD and is zoned AF-20; the South Cooper
Mountain Community Plan land use map has designated this site for Medium Density Residential zoning.
Per Table 60.05-2, a 10-ft buffer to B2 standards is required between the R1 zone and the R2 or R4
zones. As shown in Sheet C1.05, Tract B and Lot 1 are separated from the northern property line by more
than 450 ft. and screening between the proposed uses is provided by existing vegetation. No additional
buffering is proposed.
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Tract B is proposed to be developed as a park in the R1 zone, and a landscaped buffer is required
between the park and Lots 1 and 2. Per Table 60.05-2 and notes, a 20-ft. buffer developed to B3
standard is required for parks abutting a residential use in a residential zoning district.
As shown on Sheet L2.04, a landscaped buffer is proposed at the western and eastern park perimeter
where the park abuts residential development. This buffer is approximately 5 ft. to the west, 7 ft. to the
east, and 13 ft. to the south. As such, the proposed buffers do not meet the standards. The
corresponding Design Guidelines 60.05.45.11.A, B, and C are addressed below in Design Review
Guidelines.
The lot to the south of Lot 1 is zoned NS, and a landscaped buffer is required between Lot 1 and the SCM
Main Street/NS site. Per Table 60.05.-02 and notes, a 10-ft. wide buffer developed to the B1 standard is
required because the site is separated from the NS zone by a street. As shown on Sheet L2.03,
landscaping between 15 ft. and 45 ft. in depth is proposed along the southern edge of Lot 1. The
proposed landscaping consists largely of lawn and as such does not meet the B1 standard. The
corresponding Design Guidelines 60.05.45.11.A, B, and C are addressed below in Design Review
Guidelines.
14. Community Gardens
A. Fences. Community Gardens shall have a fence constructed of a durable materials commonly used
in the construction of fencing. Fences shall be a minimum of four (4) feet in height. Coated chain link
may be permitted. Temporary construction fencing, erosion control fencing, tree protection fencing
and other temporary fencing materials shall not be permitted.
B. Parking. Parking must be available in the general vicinity of the garden, on-street parking spaces may
count toward this requirement.
C. Size. Community gardens shall not exceed one acre in size.
Response: No community gardens are proposed. These standards are not applicable.
60.05.30. Lighting Design Standards.
Unless otherwise noted, all standards apply in all zoning districts.
1. Adequate on-site lighting and minimal glare on adjoining properties.
A. Lighting shall be provided at lighting levels for development and redevelopment in all zoning districts
consistent with the City’s Technical Lighting Standards.
B. Lighting shall be provided in vehicular circulation areas and pedestrian circulation areas.
C. Lighting shall be provided in pedestrian plazas, if any developed.
D. Lighting shall be provided at building entrances.
E. Canopy lighting shall be recessed so that the bulb or lens is not visible from a public right-of-way.
Response: The City’s Technical Lighting Standards limit the illumination at property lines within a Residential
zoning district to 0.5 foot candles. The lighting levels at the eastern property line of Lot 1exceed 0.5 foot
candles, and the applicable Design Guideline 60.05.50.4 is addressed below.
The lighting for the proposed development is provided in the vehicular parking and circulation areas,
pedestrian circulation areas, and at building entrances. Sheets L4.00 and L4.01 describes the location,
illumination, pole height, wattage, and light levels for the proposed development. These standards are met.
2. Pedestrian-scale on-site lighting.
A. Pole-mounted Luminaires shall comply with the City’s Technical Lighting Standards, and shall not
exceed a maximum of:
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1. Fifteen (15) feet in height for on-site pedestrian paths of travel.
2. Twenty (20) feet in height for on-site vehicular circulation areas for residential uses in Residential
zoning districts.
3. Thirty (30) feet in height for on-site vehicular circulation areas in non-residential zoning districts.
4. Fifteen (15) feet for the top deck of non-covered parking structures.
5. The height of the poles for on-site pedestrian ways and on-site vehicular circulation areas shall be
measured from the site’s finished grade.
6. The height of the poles on the top deck of non-covered parking structures shall be measured from
the finished floor elevation of the top deck.
7. The poles and bases for pole-mounted luminaires shall be finished or painted a non-reflective
color.
Response: Subsections 1, 2, 5, and 7 are applicable to this proposal. As shown on Sheet L4.00, pole-
mounted luminaires in vehicular circulation and parking areas are 20 feet tall. Pedestrian paths of travel
are all adjacent to parking lots or streets, so these luminaires provide lighting for pedestrians as well. Pole
lights outside of the vehicular circulation area are 12 feet tall. These standards are met.
DESIGN REVIEW GUIDELINES
Response: Where Design Standards cannot be met for the proposed development, the corresponding
Design Guidelines are addressed instead. See Table 6 for details. The applicable Design Guidelines are
addressed below.
60.05.35. Building Design and Orientation Guidelines.
1. Building articulation and variety.
A. Residential buildings should be of a limited length in order to avoid undifferentiated building elevations,
reduce the mass of individual buildings, and create a scale of development that is pedestrian friendly
and allow circulation between buildings by pedestrians. (Standard 60.05.15.1.A)
Response: The proposed Buildings 1A, 1B, and 1C exceed 200 ft. in length. However, the building
elevations are well-articulated with recesses, extensions, balconies, and changes in material which
provide a pedestrian-friendly scale. See Sheets A4.401 to A4.404.
B. Building elevations should be varied and articulated to provide visual interest to pedestrians. Within
larger projects, variations in architectural elements such as: building elevations, roof levels,
architectural features, and exterior finishes should be provided. (Standards 60.05.15.1.A and B)
C. To balance horizontal features on longer building elevations, vertical building elements, such as
building entries, should be emphasized. (Standard 60.05.15.1.B)
D. Buildings should promote and enhance a comfortable pedestrian scale and orientation. This guideline
does not apply to buildings in Industrial districts where the principal use of the building is
manufacturing, assembly, fabricating, processing, packing, storage, wholesale or distribution
activities. (Standard 60.05.15.1.B) [ORD 4531; April 2010]
E. Building elevations visible from and within 200 feet of an adjacent street or major parking area should
be articulated with architectural features such as windows, dormers, off-setting walls, alcoves,
balconies or bays, or by other design features that reflect the building’s structural system.
Undifferentiated blank walls facing a street, common green, shared court, or major parking area
should be avoided. (Standards 60.05.15.1.B, C, and D)
Response: Elevations of Buildings 1A, 1B, and 1C are included in the Architectural sheets. The southern
elevation of Building 1A is subject to this requirement, and the western and southern elevations of
Buildings 1B and 1C are subject to this requirement.
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Each of the buildings’ southern street-facing elevations contains permanent architectural features
including windows, bays, balconies, offsetting walls, recessed entrances, and changes in material. These
features serve a dual purpose of providing a pleasant living environment for building occupants and
visitors through light, fresh air, privacy, and outdoor living space, and providing neighbors with an
interesting and expressive building.
Each of the southern elevations includes more than 150 sq. ft. of blank space, primarily at the roofline due
to the varied roof forms. However, the use of recesses, extensions, and changes in material provide
visual interest and meet the intent of the standard.
The western façades of Buildings 1B and 1C are also subject to this standard and contain more than 150
sq. ft. of blank space. The western facades of these buildings include windows, bays, and changes of
materials. In addition, the sloped shed roof provides visual interest and ground-level windows provide
transparency for pedestrians passing by.
[…]
2. Roof Forms
A. Roof forms should be distinctive and include variety and detail when viewed from the street. Sloped
roofs should have a significant pitch and building focal points should be emphasized. (Standards
60.05.15.2.A and B)
Response: As illustrated in the Architectural Sheets, each of the buildings has sloped roofs with a mix of
treatments at the roof edges. The roof is a modified butterfly roof treatment to respond to the topography
and provide visual interest.
B. Flat roofs should include a roofline that provides visual interest such as cornice treatments. (Standard
60.05.15.2.C) [ORD 4782; April 2020]
Response: The roofs of Buildings 1A, 1B, and 1C are sloped less than 4/12 and are subject to
requirement to provide a cornice treatment. These buildings do not provide parapets; the visual interest is
provided by the sloped roof forms and the modified butterfly roof treatment.
60.05.40 Circulation and Parking Design Guidelines.
Unless otherwise noted, all guidelines apply in all zoning districts.
[…]
5. Parking area landscaping. Landscape islands and a tree canopy should be provided to minimize the
visual impact of large parking areas. (Standards 60.05.20.5.A through D)
Response: Landscaped planter islands are provided within Lot 1’s surface parking lots and are generally
provided for every 8 contiguous spaces; however, 8 parking areas exceed this number. Each landscaped
island is planted with one deciduous tree to provide canopy cover for the parking areas, as well as shrubs and
ground cover plantings. See Sheets L2.02 and L2.03.
[…]
60.05.45. Landscape, Open Space and Natural Areas Design Guidelines.
Unless otherwise noted, all guidelines apply in all zoning districts.
1. Common open space for residential uses in Residential zones.
A. Common open spaces should be provided that are sized and designed for anticipated users, and are
located within walking distance for residents and visitors, and should be integrated into the overall
landscape plan. (Standards 60.05.25.1 through 3)
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B. Common open spaces should be available for both passive and active use by people of all ages and
should be designed and located in order to maximize security, safety, and convenience. (Standards
60.05.25.1 through 3)
C. Common open spaces should be free from all structural encroachments unless a structure is
incorporated into the design of the common open space such as a play structure. (Standards
60.05.25.1 through 3)
D. Common open space should be located so that windows from living areas, excluding bedrooms and
bathrooms, of a minimum of four (4) residences face on to the common open space. (Standards
60.05.25.1 through 3)
Response: The ground floor patios of Buildings 1A, 1B, and 1C are less than 640 sq. ft. in area and/or less
than 20 ft. in width. The ground-level patios of Buildings 1A, 1B, and 1C are generally 8 ft. wide and 6 ft.
deep, for a total of 48 sq. ft. These patios are designed for use by unit residents and are sized adequately to
accommodate outdoor seating and/or tables.
[…]
8. Changes to existing on-site surface contours at residential property lines. The perimeters of properties
should be graded in a manner to avoid conflicts with abutting residential properties such as drainage
impacts, damage to tree root zones, and blocking sunlight. (Standard 60.05.25.10) [ORD 4576; January
2012]
Response: The grading along the eastern property line of Lot 1 due to the existing conditions on the
Beaverton High School site. In order to prepare the site for development and make a trail connection to the
existing trail on the Beaverton High School site, grading beyond the provisions of 60.15.10 is required.
Though the school district site is zoned R1, it is developed with an institutional use. It is also several feet
above the grade of the Blackbird Farms site. As such, the proposed grading will not affect the school sit’s
drainage or block sunlight to the school site. Trees along the property line will be removed with the Blackbird
Farms project, however they are nuisance trees and will be replaced on site with new trees.
[…]
11. Landscape buffering and screening.
A. A landscape buffer should provide landscape screening, and horizontal separation between different
zoning districts and between non-residential land uses and residential land uses. The buffer should
not be applicable along property lines where existing natural features such as flood plains, wetlands,
riparian zones and identified significant groves already provide a high degree of visual screening.
(Standard 60.05.25.13) [ORD 4531; April 2010]
B. When potential impacts of a Conditional Use are determined, or when potential conflicts of use
landscape screening should be dense, and the buffer width maximized. When potential conflicts of
uses are not as great, such as a commercial use abutting an industrial use, less dense landscape
screening and narrower buffer width is appropriate. (Standard 60.05.25.13) [ORD 4531; April 2010]
Response: The proposed park in Tract B does not meet the 20-ft. buffer requirements of Table 60.05-2.
A public park is permitted in the R1 zone as a Conditional Use. However, the activities anticipated to
occur in the park, such as picnics, lawn games, and children playing on the play structures, are similar to
the activities that are expected to occur in the on-site active open spaces within the Blackbird Farms
PUD. In addition, the park is physically separated by adjacent residential development by topography,
providing a further distinction.
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The park is intended to be an attractive landscape feature with no conflicts of use. As such, a landscaped
buffer of between 5 ft. and 17 ft. is proposed to soften the edges of the park while retaining visual
connections to the adjacent residential lots and Street B to the south.
The southern lot line of the proposed Lot 1 development does not meet the 10-ft. buffer requirements of
Table 60.05-2 because it does not include the required trees. The buffer area is between 15 ft. and 45 ft.
deep and is landscaped with foundation plantings, including shrubs, and lawn. The landscaped buffer
area is separated from the Mountainside Way right-of-way by a split rail fence. The intent of the
landscaping treatment is to provide open space for residents as well as provide visual access between
the Lot 1 buildings and the SCM Main Street residential buildings proposed south of Mountainside Way.
C. Landscape buffering should consist of a variety of trees, shrubs and ground covers designed to
screen potential conflict areas and complement the overall visual character of the development and
adjacent neighborhood. (Standard 60.05.25.13)
Response: As shown in Sheet L2.05, the proposed park buffering consists of a variety of shade and
flowering trees, as well as a number of native shrubs and ground covers.
D. When changes to buffer widths and buffer standards are proposed, the applicant should describe the
physical site constraints or unique building or site characteristics that merit width reduction. (Standard
60.05.25.13.E). [ORD 4531; April 2010] [ORD 4576; January 2012]
Response: A reduction to the 20-ft. buffer width is requested for two reasons: to maximize the usable
area of this neighborhood park, and to support the integration of the park into the surrounding
neighborhood. In addition to the on-site amenities, this park will provide access to the multiuse trail
network to the north and as such is expected to be active throughout the day.
As shown in Sheet L2.05, the park is intended to complement provide a variety of amenities including
covered dining areas, children’s play areas, a turf area for unstructured play, and the trial connections.
Landscaping is provided to soften the edges and to shade the park during the summer, but a thick visual
buffer would restrict visual connection and potential create an area that is not visible from the street or
surrounding buildings as feels less safe as a result.
60.05.50 Lighting Design Guidelines
Unless otherwise noted, all guidelines apply in all zoning districts.
[…]
3. Lighting should minimize direct and indirect glare impacts to abutting and adjacent properties and streets
by incorporating lens shields, shades or other measures to screen the view of light sources from
residences and streets. (Standards 60.05.30.1 and 2)
4. On-Site lighting should comply with the City’s Technical Lighting Standards. (Standards 60.05.30.1 and
2). Where the proposal does not comply with Technical Lighting standards, the applicant should describe
the unique circumstance attributed to the use or site where compliance with the standard is either
infeasible or unnecessary. [ORD 4531; April 2010]
Response: The lighting levels at the eastern property line of Lot 1 and the northern and the property lines of
Tract B/Park A exceed the City’s Technical Lighting Standards for residentially zoned properties.
The property to the east is zoned R1, but is developed as Mountainside High School, an institutional use. The
proposed buildings on Lot 1 are located adjacent to the high school playing fields and are separated from
those playing fields by a retaining wall. The playing fields are illuminated during recreational use. As such, it is
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more likely that light from the high school site would impact Lot 1 than that light levels from Lot 1 would impact
the school.
Because the site is located adjacent to a high-impact institutional use, a playing field with night illumination,
and separated from the school site by a retaining wall, compliance with this standard is unnecessary.
B. 60.15. Land Division Standards 60.15.10. Grading Standards.
1. Applicability. The on-site surface contour grading standards specified in Section 60.15.10.3. are
applicable to all land use proposals where grading is proposed, including land division proposals and
design review proposals, as applicable. This Section does not supersede Section 60.05.25. (Design
Review) and the exemptions listed in Section 60.15.10.2. will apply equally to design review
proposals.
Response: The applicant requests land division for the overall project site, and design review for Lot 1
and Tract B. The applicant also requests revisions to approved grading on The Ridge Multifamily site to
accommodate the construction of Street C. These standards are applicable.
2. Exemptions. The following improvements will be exempted from the on-site surface contour grading
standards specified in Section 60.15.10.3.:
A. Public right-of-way road improvements such as new streets, street widening, sidewalks, and
similar or related improvements.
B. Storm water detention facilities subject to review and approval of the City Engineer.
C. On-site grading where the grading will take place adjacent to an existing public street right-of-
way, and will result in a finished grade that is below the elevation of the subject public street right-
of-way; provided such grading is subject to the approval of the City Engineer, who may require
appropriate erosion and sediment control mitigation measures.
Response: The Blackbird Farms site is bounded by the Scholls Ferry Road right-of-way to the south
and the proposed Street C right-of-way to the west. Southwest Mountainside Way, which has
predetermined roadway design/grade based on existing water infrastructure, also bisects the center
of the property of the site. The affected area of The Ridge site is adjacent to the proposed Street C
right-of-way to the east. These areas are exempt from these standards per 2.A above.
3. On-site surface contouring. When grading a site within twenty-five (25) feet of a property line within or
abutting any residentially zoned property, the on-site surface contours shall observe the following:
Response: The Blackbird Farms subdivision is bounded on the northwest by the R1 and R4 zones, to the
north by the R4 and R7 zones, to the northeast by farmland zoned Washington County AF-20, and to the
east by Mountainside High School (R1 zone) and the Main Street PUD site (NS zone). The northern
development area is separated from the northern lot line by more than 450 ft. of natural resource area.
The southern portion of Lot 4 is adjacent to R4 zone of the Ridge PUD, which is developed with a single-
family home. The northern portion of Lot 4 is adjacent to the R4 zone, but this portion of the site is natural
resource area and is not proposed for development.
As shown on Sheets C2.00 and C2.01, grading is proposed within 25 ft. of two property lines abutting
residentially zoned property:
▪ The southeastern portion of Lot 1
▪ The western lot line of Lot 4
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As noted above, the revised grading on The Ridge is adjacent to proposed Street C and is exempt from
these standards.
A. 0 to 5 feet from property line: Maximum of two (2) foot slope differential from the existing or
finished elevation of the abutting property, whichever is applicable.
Response: As shown on Sheet C1.01 and Sheets C2.02 and C2.03, Lot 1 slopes upward from north
to south. The proposed grading evens out the site for development.
Grading is proposed within 5 ft. of the eastern property line of Lot 1. This is largely due to the existing
conditions east of the site, which include significant retaining walls that support the Mountainside High
School running track and soccer field. SW Mountainside which fronts the southern property lines of
Lot 1, and Lot 4 and provides access to the two lots has a predetermined roadway design/elevation
based on existing water infrastructure is to be constructed lower than existing ground requiring Lots 1
and 4 to be constructed lower than adjacent residential properties in order to meet roadway and
pedestrian design.
Grading is proposed within 5 ft. of the eastern property line of Lot 1. Retaining walls ranging in
heights from 3.5 ft. to 11 ft. are required along much of the property line to reflect the existing
conditions of the Mountainside High School to the east. This portion of the site does not meet the
standards of this section. In addition, fill walls ranging in height from 0 ft. to 12 ft. are required to
construct the public multiuse trail north of the connection to the trail on the High School site. The
corresponding Design Guideline 60.05.45.8 is addressed above.
Grading is proposed within 5 ft. of the western property line of Lot 4. The existing contours within 5 ft.
of the western property line of Lot 4 are between 280 ft. and 282 ft.; the proposed contour at 5 ft. is
280 ft.
B. More than 5 feet and up to and including 10 feet from property line: Maximum of four (4) foot
slope differential from the existing or finished elevation of the abutting property, whichever is
applicable.
Response: The proposed elevations between 5 ft. and 10 ft. from the western Lot 4 property line are
all less than 4 ft. above the existing elevation of the abutting property, and average about 1 ft. above
the existing property line as shown on sheet C2.00. This area is graded at 5 percent (20:1) from the
abutting property line.
C. More than 10 feet and up to and including 15 feet from property line: Maximum of six (6) foot
slope differential from the existing or finished elevation of the abutting property, whichever is
applicable.
Response: The proposed elevations between 10 ft. and 15 ft. from the western Lot 4 property line
are all less than 6 ft. above the existing elevation of the abutting property as shown on C2.00. This
area is graded at 5 percent (20:1) from the abutting property line.
D. More than 15 feet and up to and including 20 feet from property line: Maximum of eight (8) foot
slope differential from the existing or finished elevation of the abutting property, whichever is
applicable.
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Response: The proposed elevations between 15 ft. and 20 ft. from the western Lot 4 property line
are all less than 8 ft. above the existing elevation of the abutting property as shown on C2.00. This
area is graded at 5 percent (20:1) from the abutting property line.
E. More than 20 feet and up to and including 25 feet from property line: Maximum of ten (10) foot
slope differential from the existing or finished elevation of the abutting property, whichever is
applicable.
Response: The proposed elevations between 20 ft. and 25 ft, from the western Lot 4 property line
are all less than 10 ft. above the existing elevation of the abutting property as shown on C2.0. This
area is graded at 5 percent (20:1) from the abutting property line.
F. Where an existing (pre-development) slope exceeds one or more of the standards in subsections
60.15.10.3.A-E, above, the slope after grading (post-development) shall not exceed the pre-
development slope.
Response: The pre-development slope on the western edge of Lot 4 varies from approximately 5
percent (20:1) to 20 percent (5:1). This does not exceed any of the standards in subsections
60.15.10.3A-E. The slope after grading (post-development) does not exceed the pre-development
slope.
4. Significant Trees and Groves. Notwithstanding the requirements of Section 60.15.10.3, above,
grading within 25 feet of a significant tree or grove, where the tree is located on- or off-site, shall
observe the following:
A. 0 to 10 feet from the trunk of a significant tree or grove: No change in pre-development
ground elevation;
B. More than 10 feet, and up to and including 25 feet, from the trunk of a significant tree or
grove, or to the outside edge of the tree’s drip line, whichever is greater: Maximum 10% slope
gradient difference from the pre-development ground elevation;
C. Based on a recommendation of the City Arborist, the decision-making body may require
additional setbacks and/or other tree protection measures to protect the public health, safety
and welfare.
Response: No Significant Trees or Groves exist on site. These standards are not applicable.
C. 60.30. Off-Street Parking 60.30.05. Off-Street Parking Requirements.
Parking spaces shall be provided and satisfactorily maintained by the owner of the property for each
building or use which is erected, enlarged, altered, or maintained in accordance with the requirements of
Sections 60.30.05. to 60.30.20.
1. Availability. Required parking spaces shall be available for parking operable passenger automobiles
and bicycles of residents, customers, patrons and employees and shall not be used for storage of
vehicles or materials or for parking of trucks used in conducting the business or use.
2. Vehicle Parking. Vehicle parking shall be required for all development proposed for approval after
November 6, 1996 unless otherwise exempted by this ordinance. The number of required vehicle
parking spaces shall be provided according to Section 60.30.10.5.
3. Bicycle Parking. Bicycle parking shall be required for all multi-family residential developments of four
units or more, all retail, office and institution developments, and at all transit stations and park and
ride lots which are proposed for approval after November 6, 1996. The number of required bicycle
parking spaces shall be provided according to Section 60.30.10.5. All bike parking facilities shall meet
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the specifications, design and locational criteria as delineated in this section and the Engineering
Design Manual.
Response: Vehicle parking is required and will be provided. Bicycle parking is required for the proposed
development on Lot 1 and will be provided per these requirements.
60.30.10. Number of Required Parking Spaces.
Except as otherwise provided under Section 60.30.10.11., off-street vehicle, bicycle, or both parking
spaces shall be provided as follows:
1. Parking Calculation. Parking ratios are based on spaces per 1,000 square feet of gross floor area,
unless otherwise noted.
2. Parking Categories.
A. Vehicle Categories. Contained in the table at Section 60.30.10.5. are vehicle parking ratios for
minimum required parking spaces and maximum permitted number of vehicle parking spaces to
be provided for each land use, except for those uses which are located in the RC-OT zoning
district which are governed by Section 60.30.10.6. These requirements reflect the parking
requirements of Title 4 of Metro’s Regional Transportation Functional Plan.
B. Bicycle Categories. The required minimum number of short-term and long-term bicycle parking
spaces for each land use is listed in Section 60.30.10.5.
1. Short-Term parking. Short-term bicycle parking spaces accommodate persons that can be
expected to depart within two hours. Short-term bicycle parking is encouraged to be located
on site within 50 feet of a primary entrance, or if there are site, setback, building design, or
other constraints, bicycle parking shall be located no more than 100 feet from a primary
entrance in the closest available area to the primary entrance as determined by the decision-
making authority.
2. Long-Term parking. Long-term bicycle parking spaces accommodate persons that can be
expected to leave their bicycle parked longer than two hours. Cover or shelter for long-term
bicycle parking shall be provided. School buildings are exempted from the requirement to
cover long-term bicycle parking.
3. Bicycle parking shall be designed, covered, located, and lighted to the standards of the
Engineering Design Manual and Standard Drawings.
4. Bicycle parking in the Old Town Parking Zones 1 and 2 shall be governed by the bicycle
parking requirements listed in Section 60.30.10.5. [ORD 4471; February 2008]
Response: Required vehicle and bicycle parking spaces for the proposed development of Lot 1 were
calculated as shown in Tables 7 and 8 below and as described on Sheet C1.15. A Parking Determination
of 0 required parking spaces for the proposed park in Tract B has been requested under the provisions of
Section 40.55.
Table 7. Required Off-Street Vehicle Parking Spaces
Use Category Required
Ratio
Units/GSF Required
Spaces
Proposed
Spaces
Comments
Attached Dwellings
1 Bedroom 1.25/du 0 0
2 Bedroom 1.5/du 123 184.5
3 Bedroom 1.75/du 22 38.5
Total 223 223 Meets the standards.
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Table 8. Required Bicycle Parking Spaces
Use Category Required Spaces Proposed Spaces Comments
Short Term Long term Short Term Long Term
Multidwelling Structure of
4 or more units
1 sp/20 du 1 sp/du Exceeds the standards.
Building 1A (54/20) = 2.7 54 4 74
Building 1B (45/20) = 2.25 45 2 51
Building 1C (46/2) = 2.3 46 2 74
Total 7.25 145 8 199
[…]
8. Residential Parking Dimensions. For all residential uses, any required parking space shall not be less
than 8 1/2 feet wide and 18 1/2 feet long. (See also Section 60.30.15. (Off-Street Parking Lot Design)
for other standards.) [ORD 4312; July 2004]
Response: As shown on Sheets C3.02 and Sheet C3.03, the required parking spaces have been
designed to these dimensions.
[…]
10. Location of Vehicle Parking.
A. All parking spaces provided shall be on the same lot upon which the use requiring the parking is
located. Upon demonstration by the applicant that the required parking cannot be provided on the
same lot upon which the use is located, the Director may permit the required parking spaces to
be located on any lot within 200 feet of the lot upon which the use requiring the parking is located.
Response: All required parking spaces are provided on Lot 1, the same lot where the multifamily
buildings are located. This standard is met.
B. Except for single-family and duplex dwellings, groups of more than two parking spaces shall be
so located and served by an access that their use will require no backing movements or other
maneuvering within a street or right-of-way other than an alley.
Response: Each of the parking areas has been designed so that the use of the parking spaces will
require no backing movements or other maneuvering within a street or right-of-way.
C. In R10, R7, R5 and R4 zones parking and loading spaces may be located in side and rear yards
and may be located in the front yard of each dwelling unit only if located in the driveway area
leading to its garage.
Response: The subject site will be zoned R1. This standard is not applicable.
[…]
12. Compact Cars. Compact car parking spaces may be allowed as follows:
A. For residential uses, required vehicle parking spaces shall be provided at standard size pursuant
to Section 60.30.10.8. Parking in excess of the required parking may be provided as compact
parking subject to Section 60.30.10.7. [ORD 4471; February 2008]
Response: No compact parking spaces are proposed for the residential uses on Lot 1. This standard
is not applicable. Some parking spaces are 15.5 ft. deep rather than 18.5 ft. deep and will overhang
the planted landscape area adjacent to the space.
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60.30.15. Off-Street Parking Lot Design.
All off-street parking lots shall be designed in accordance with City Standards for stalls and aisles as set
forth in the following drawings and tables:[…]
Response: The off-street parking lots have been designed in accordance with City Standards.
D. 60.33. Park and Recreational Facilities […]
60.33.10. Annexation to THPRD.
Except as provided in Section 60.33.15, the approval of a Conditional Use, Design Review or Land
Division application for any property located in the City of Beaverton, and not within THPRD’s boundaries,
shall be conditional on the submittal of a legally sufficient petition to annex the property to THPRD;
issuance of building permits shall be delayed until the annexation is effective. Delay of issuance of
building permits until after the annexation is effective may be waived as a condition of approval by the
review authority if the applicant agrees in writing to pay the appropriate THPRD Systems Development
Charge for all building permits issued prior to the effective date of annexation. [ORD 4584; June 2012]
Response: The applicant has annexed the Blackbird Farms PUD to THPRD. The annexation was
approved by the Washington County Board of Commissioners on April 6, 2021 (R&O No. 21-41).
60.33.15. Waiver of Requirement.
Any proposed development that can document to the City’s satisfaction that it will provide park land,
recreation facilities and services at a level similar to that provided by THPRD may have the requirements
of Section 60.33.10 waived by the City. See Section 40.93.15.
Response: A Waiver of Requirement is not proposed. This standard is not applicable.
E. 60.35. Planned Unit Development 60.35.05. Purpose.
It is the purpose of these provisions to allow a Planned Unit Development (PUD) in any City zoning
district. Uses or combinations of uses may be developed as a single, integral, functional unit or entity. The
PUD provisions are intended to encourage innovation and creative approaches for developing land while
enhancing and preserving the value, character, and integrity of surrounding areas which have developed
or are developing under conventional district regulations. This is to be accomplished by using the
following development and design principles:
1. Site design shall use the flexibility afforded by the planned unit development to:
A. Provide setbacks and buffering through landscape or building design abutting to existing
development;
B. Cluster buildings to create open space and protect natural resources;
C. Provide for active recreation and passive open space;
D. Use resource efficient development and building practices that encourage innovative design
techniques and construction practices that use energy saving technology.
Response: The Blackbird Farms PUD provides setbacks and buffering from adjacent sites through public
streets and the natural area to the north. Mountainside High School is the only adjacent developed site,
and buffering is provided through existing retaining walls and substantial landscaping on the school site.
The conceptual buildings have been clustered to create well-distributed open space. The natural resource
area to the north is largely undisturbed, but a multiuse trail system will provide visual and physical access
to that natural area.
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2. Site design shall maximize the opportunities for diversified architecture and outdoor living
environments that respond to the existing site context by exploring design flexibility for siting
structures, open spaces, circulation facilities, off-street parking areas, streetscapes, resource
conservation, and creation of other site improvements that facilitate efficient use of land and create a
comprehensive development plan which is better than that resulting from traditional subdivision
development;
Response: The proposed design maximizes the opportunities for passive and active open spaces and
conservation of the natural resources to the north. The Blackbird Farms PUD includes a future public
park, Tract B/Park A, and a network of multiuse trails. The topography of the site provides opportunities to
establish view corridors toward the south. The flexibility afforded by the R1 and CC zones and the PUD
process allows the development to achieve a highly functional and attractive site design.
3. Building architecture including detached residential, shall use innovative design that should consider
the context of the existing built and natural environment. Buildings shall be architecturally detailed,
and of a size and mass that contribute to a pedestrian-friendly streetscape and respond to the natural
features of the site. Cluster housing, such as Courtyard, Patio, or Cottage development, that groups
buildings in areas to maximize open space and preserve significant cultural and natural resources is
highly encouraged as are the use of sustainable building materials and practices. The orientation of
buildings should promote human scaled and pedestrian friendly environments and maximize solar
exposure for passive solar gain;
Response: The proposed building architecture is modern in form and responds to the site topography
and the surrounding hills. Each of the buildings is architecturally detailed and contribute to a pedestrian-
friendly streetscape by providing enclosure and ground floor transparency. The buildings respond to the
natural features of the site by stepping up the hill to provide views and minimize site disturbance. See
Sheets C2.20 to C2.22 for conceptual site profiles.
4. Open space should provide opportunities for active and/or passive recreation that includes
preservation of natural and cultural resources. Good site design shall retain and protect special
topographic, natural, and environmentally sensitive features and existing Significant Groves and
Historical and Individual trees should be retained and protected. Understory and the use of native
plant material and sustainable landscape practices are encouraged.
Response: A wide variety of active and passive recreation opportunities are provided on the site. These
will include passive seating areas, a splash pad south of Building 1B, a public park with a children’s play
area, a multiuse trail network, and smaller active spaces throughout the site. Native plant materials have
been proposed where possible.
60.35.10. Modification of Base Zoning Standards.
1. Permitted Uses.
A. The uses in a PUD shall comply with the Permitted and Conditional Use requirements of the
zoning district.
Response: The proposed PUD includes multifamily residential and park uses in the R1 zone and
commercial uses in the CC zone. Multifamily residential is permitted outright in the R1 and CC zones,
park uses are permitted as Conditional Uses, and commercial uses are permitted outright in the CC
zone. This standard is met.
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B. Detached and attached dwellings may be allowed in a PUD provided the overall residential
density satisfies the applicable residential density provisions of this Code.
Response: No detached or attached dwellings are proposed. This standard is not applicable.
C. In addition to the accessory uses and structures typical in the zoning district in which the PUD is
located, accessory uses approved as a part of a PUD may include, but are not limited to the
following:
1. Private or public park, lake or waterway;
2. Recreation area;
3. Recreation building, clubhouse or social hall; or
4. Other accessory uses or structures which the Planning Commission finds are designed to
serve primarily the residents of the PUD, and are compatible with the neighborhood and to
the design of the PUD
Response: The proposed development includes a public park, which is permitted as a Conditional
Use within the R1 zone and also as an accessory use within the PUD. Conditional Use approval has
been requested for the proposed park within Tract B.
2. Density and Lot Dimensions. Density and building scale shall relate to the surrounding neighborhood
development and natural resources by providing massing and architectural compatibility with the
surrounding neighborhood.
A. Density Transfers.
Response: No density transfers are proposed. This standard is not applicable.
B. Residential Lot Sizes.
1. Minimum lot size may be reduced to 50 percent of the minimum land area of the applicable
zoning district(s), except as permitted in 60.35.10.3.C.2.
3. Maximum lot size may not exceed 195 percent of the minimum land area of the applicable
zoning district(s) in conformance with the table below unless designated for a future phase,
which includes further division of property or development of attached product. When the
maximum density for the parent parcel has been achieved or a lot is greater than 195 percent
of the base zone, the oversized lot(s) shall include a deed restriction to preclude unintended
partitioning or subdividing of such lots in accordance with the requirements of the approved
PUD.
4. A proposed Planned Unit Development shall not result in fewer dwelling units (lower density)
than if the subject site were reviewed as a Preliminary Subdivision.
Response: No reduction of lot sizes is requested. The proposed lots are intended to reflect financing
and development phasing and are not intended to be further divided. Each of the lots exceeds 195
percent of the 1,000 sq. ft. minimum land area of the R1 zone, and Lot 6 exceeds 195 percent of the
1,000 sq. ft. residential minimum land area of the CC zone.
3. Setbacks.
A. The dimensional standards for the applicable zoning district as listed in Chapter 20 may be
modified through approval of a Planned Unit Development, except for the following situations:
1. For proposed lots abutting the perimeter of the property, the required setbacks shall comply
with the standard front and rear setbacks of the parent parcel.
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Response: The minimum front yard setback for the R1 zone is 10 ft., and there is no minimum
front yard setback for the proposed CC zone on Lot 6. The minimum rear yard setback of the R1
zone is 15 ft. and there is no minimum rear setback for the proposed CC zone on Lot 6. Each of
the proposed lots abuts the perimeter of the property, and buildings on these lots must comply
with the setbacks for the R1 and CC zones. This standard is or will be met.
2. Where standard modifications would not promote pedestrian or bicycle connection to the
street; support storm water management; or meet fire and building codes.
Response: No modifications are proposed with this application. This standard is not applicable.
B. Front Setbacks.
The following shall apply to all lots within a proposed residential development(s); except lots
proposed along the perimeter of the subject site, which shall be consistent with Section
60.35.10.3.A.1.
1. Front setbacks for a residential structure, interior to a Planned Unit Development may be
reduced, excluding the garage where the garage door faces the front property line. Structures
shall not encroach into a public utility easement.
Response: The minimum front yard setback for the R1 zone is 10 ft., and there is no minimum
front yard setback for the proposed CC zone on Lot 6. The proposed buildings on Lot 1 are set
back at least 16 ft. from the “front” lot line of Mountainside Way, and no reductions are requested.
Future development on Lots 2-5 may request reductions at the time of development. This
standard is met.
2. All single-family attached and detached garages that face a public or private street shall be
setback a minimum of twenty (20) feet from property line. Attached and detached garage
door façade(s) shall be set back a minimum of four (4) additional feet from the set back of the
front of the building, not including porches, when facing a public or private street. All other
garage and carport entrances must be set back a minimum of two (2) additional feet when
the set back of the front of the building is at least twenty (20) feet.
Response: No garages are proposed. This standard is not applicable.
C. Rear setbacks.
1. Rear setbacks shall be the same as the designated zone for the parent parcel for lots
abutting the perimeter of the proposed development excepting alley accessed lots for which
rear setbacks may be reduced to four (4) feet for alley-accessed lots with no less than a 20-
foot alley width.
2. Garages and carports accessed from both sides of an alley shall be setback a minimum of
four (4) feet with no less than 28-feet between garage doors.
Response: The “rear” yard of the site is the northern property line, and the 15-ft. R1 rear setback
applies. The proposed development is separated from the northern property line by Tract A, a natural
resource tract. No reductions to rear yard setbacks are requested.
D. Side setbacks. Except for zero-lot line development, side setbacks internal to the Planned Unit
Development, shall be a minimum of three (3) feet with a total of six (6) feet between two
buildings. In no case shall a building encroach into a Public Utility Easement (PUE). All zero-lot
line development shall have side yard setbacks of 10 feet on one side of the dwelling unit and no
setback required on the opposite side.
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Response: The “side” yard of northern portion of Lot 1 is Tract B, and the 5-ft. R1 side setback
applies. Building 1A is closest to the western property line and is set back 3.5 ft. from the western
property line.
60.35.15. Open Space.
Open space shall provide opportunities for active and/or passive recreation and may include existing
stands of trees, resource areas, and storm water facilities as outlined in this section. Active open space
shall allow human activities including recreational and social opportunities such as play fields,
playgrounds, swimming pools, plazas and other recreational facilities. Open space may also be passive
and include human activities limited to walking, running, and cycling, seating areas and wildlife viewing or
natural areas such as a wetland.
1. A Planned Unit Development shall provide baseline open space of an area equal to at least twenty
percent (20%) of the subject site.
2. Exemptions. Properties within the South Cooper Mountain Community Plan Area are exempt from the
open space requirements in Section 60.35.15.1, but shall provide all community features, including
but not limited to, trails, habitat benefit areas, and scenic views identified in the South Cooper
Mountain Community Plan, as identified in Section 60.35.25.
Response: The site is located within the South Cooper Mountain Community Plan Area, and this
proposal is exempt from the 20 percent minimum PUD open space requirement. See responses to the
policies of the South Cooper Mountain Community Plan in Section IV for demonstration of required open
space elements from the community plan, and Sheet C1.04 for an illustration of the Community Plan area
elements and active open space provided.
3. Open Space Standards. Open space shall be land that is available for the creation of active and/or
passive areas, or resource areas that provide visible and accessible open space to the proposed
community.
A. The following resource areas may count towards passive open space requirements: Significant
trees and/or groves, habitat benefit areas, view corridors, steep slopes, water quality facilities,
environmentally sensitive areas including wetlands and any buffers required by Clean Water
Services or other regulatory body, and other resources as deemed appropriate by the decision
maker.
Response: As shown in Sheet C1.04, there are 12.9 ac, or 560,579 sq. ft., of mapped wetlands,
ponds, and buffers in the northern portion of the site (Tract A). This area been counted towards the
overall passive open space requirements of the project.
B. Open space shall be easily accessible, physically or visually, to all members of the planned
community via a minimum thirty (30) foot wide street frontage or access easement;
Response: The primary open spaces on the site are easily accessible by pedestrians. With the
exception of the Tract A and Lot 2 open spaces, active open spaces are located along streets and are
visible to the entire neighborhood.
C. No more than sixty (60) percent of the gross land dedicated to active open space may have
slopes greater than five (5) percent. Additional reductions to this standard may be granted by the
Planning Commission based on the context of the proposed amenities and existing site
conditions.
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Response: As shown on Sheet C1.04, the proposed development includes 151,698 sq. ft. of active
open space; 142,468 sq. ft. (93.9 percent) of this area is less than 5 percent slope.
D. Open space areas shall have a dedicated meter and underground irrigation system to ensure
adequate water supply during establishment period (3-years) and during periods of drought for all
newly planted areas. Resource areas are exempt from this criterion.
Response: Open spaces will contain necessary irrigation systems to ensure establishment and
sustainability of vegetation.
E. For developments ten (10) acres or greater, at least twenty-five (25) percent of the total required
open space area shall be active open space and subject to the provisions of 60.35.15.4.
Response: The proposed development is 32.4 acres in area, and this standard is applicable. As
detailed on Sheet C1.04, the proposed development provides 151,698 sq. ft. of active open space,
which is 25.3 percent of the required open space area.
F. For the purpose of this Code, open space does not include:
1. Public or private streets;
2. Surface parking lots or paved areas not designated for active or passive recreation;
3. Private lots and buildings including setbacks or landscape buffers. However, community
buildings, community rooms, or both developed for the common use and ownership of the
residents within a Planned Unit Development may be counted as open space.
4. Vehicular access driveways or maneuvering areas.
Response: This proposal does not consider the above areas to be open space. A community room is
proposed within Building 1B and are counted as open space.
Section 60.35.15.4 Active Open Space
Active open space areas are common areas that may be gathering spots, community rooms, play
areas, overlooks, or any that consist of active uses for owners, residents, or the community at large.
Active open space shall meet the following criteria:
A. Active open space that is provided outdoors shall be no smaller than the minimum lot size
requirement of the underlying zoning district with a minimum width 40 feet. For properties in
multiple use zoning districts with no minimum lot size active open space areas shall be a
minimum of 5,000 square feet in area. The Planning Commission may modify this requirement to
accommodate trails, overlooks, and other types of recreational features which serve the residents
of the development.
Response: Each of the proposed outdoor active open space areas shown on Sheet C1.04 exceeds
the minimum lot sizes of 1,000 sq. ft. for residential dwellings in the R1 zone. Each of these areas
exceed the width of 40 ft. with the exception of:
▪ Building 1A, 1B, and 1C balconies
▪ Building 1C active open space, which has dimensions of 6 ft. to 23 ft. and an area of
approximately 700 sq. ft.
▪ Lots 2, 3, 4, and 5 balconies
▪ Lot 2 open space, which measures ~35 ft.
▪ Lot 3 open space, which is approximately 700 sq. ft. in area
▪ Lot 5 open space, which has east-west dimensions of approximately 17 ft. to approximately 33 ft.
and
▪ Lot 6 open space, which is between 6 ft. and 10 ft. wide and is approximately 880 sq. ft. in area
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▪ Park C/Tract C, which has dimensions of less than 40 ft. at the southwestern and northeastern
corner
▪ Multiuse trail easements in the northern portion of the site, which measure 20 ft. in width.
▪ Mountainside Way/Street B community trail alignment
▪ The Scholls Ferry Road Community Trail along the southern portion of the site
The applicant requests Planning Commission approval of the proposed active open space with
smaller areas and narrower widths than required by this section.
The trails being provided are intended to implement the trail network of the South Cooper Mountain
Community Plan and the THPRD Trails Functional Plan.
Though the active open spaces on Lots 1, 2, 3, 4, 5, and 6 are smaller than the standards of this
section, they are thoughtfully located throughout the site and complement the trail network and
pedestrian network by fronting trails and streets and providing an extension of that activity.
The balconies on Lots 1, 2, 3, 4, and 5 are intended to provide both visual interest and articulation to
those buildings, as well as to provide private outdoor space for each unit. Though only the ground-
floor patios are proposed to be counted as active open space, each of the units will have private
outdoor areas.
Tract C’s shape is the result of an angled property line to the southeast, which results in a “triangle”
shape that tapers at either end. The overall park area is highly functional and will be protected from
Mountainside Way by both a change of grade and a physical barrier as noted below.
B. Active open space may abut a Collector or greater classified street as identified in the City’s
adopted Functional Classification Plan, when separated from the street by a constructed barrier,
such as a fence or wall, at least three (3) feet in height.
Response: The Building 1C open space and Tract C are proposed adjacent to Mountainside Way, a
Collector. As shown on Sheet L2.03, a split rail fence is proposed along the Mountainside Way
frontage adjacent to the Building 1C open space,
C. Active Open Space shall be physically accessible to all residents of the development.
Response: The active open spaces on the site are all accessible to residents via ADA-compliant
paved pathways that connect to the paved on-site circulation system. Refer to the site plan on Sheet
C1.10.
D. Active open space shall include physical improvements to enhance the area. Physical
improvements may include; benches, gazebos, plazas, picnic areas, playground equipment, sport
courts, swimming/wading pools, indoor clubhouses or meeting facilities, play fields, or other items
permitted by the Planning Commission.
Response: As shown on Sheets L2.02 to L2.05, the proposed active open spaces on Lot 1 and Tract
B include physical improvements including benches, shelters, picnic areas, and lawn. Open Space A
will include physical improvements including a picnic table and pathways. Building 1B includes an
indoor common amenity space. The open spaces on Lots 2-5 will be fully designed when those
projects request Design Review approval.
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E. Floor area within buildings devoted to common uses which serve the residents of the
development, such as indoor pools, game rooms, or community rooms, may be counted towards
Active Open Space requirements based on the total floor area devoted to such uses.
Response: Building 1B contains a community rooms, which is included in the Active Open Space
calculations.
5. Maintenance and Ownership. Land shown on the final development plan as common open space,
and landscaping and/or planting contained therein shall be permanently maintained by and conveyed
to one of the following:
A. An association of owners or tenants, created as a non-profit corporation under the laws of the
state (ORS 94.572)[…]
B. A public agency which agrees to maintain the dedicated open space and any buildings,
structures, or other improvements which have been placed on it.
C. Dedicated open space shall be protected by Covenants (CC&Rs) or deed restriction to prevent
any future commercial, industrial, or residential development. [ORD 4654; March 2015]
Response: The applicant will retain ownership of Lot 1 and will maintain the open space areas as
required by this section. The trails within Tract A, Open Space A, and Tract B are intended to be
conveyed to THPRD, a public agency, but if this transfer does not occur the applicant will establish
maintenance responsibilities for this park. Lot 2-6 open spaces will be maintained by the ultimate
developers of those lots.
60.35.20. Building Architecture.
1. Purpose. This section applies to development which is not subject to Section 60.05.(Design Review)
of this code.
Response: The proposed development is subject to Section 60.05 and conformance with that section is
addressed earlier in this narrative.
[…]
3. Building Heights. Buildings shall be to scale with similar types of existing structures on adjacent
properties. This can be accomplished by utilizing graduated building heights which offer a transition
between single-story residential development and multiple-story residential.
A. Maximum building height standards may be increased up to twelve feet (12’) when the applicable
building setback distance along the perimeter of the parent parcel is increased at a ratio of 1.5
additional feet of setback for every foot of building height over the base zone standard for building
height.
B. For the South Cooper Mountain Community Plan area, structures that do not abut the exterior
boundary of the plan area, may be allowed to vary building heights, without satisfying the
graduated building height transitions of Section 60.35.20.3 in order to provide for a variety in
housing types within developments. [ORD 4654; March 2015]
[…]
Response: The maximum height of the R1 and CC zones is 60 ft. The proposed buildings on Lot 1 are
51 ft. 2 in. in height. No building height increases are requested.
60.35.25. South Cooper Mountain Community Plan
The South Cooper Mountain Community Plan is part of the Comprehensive Plan for the City of
Beaverton. It provides regulatory policies and maps, along with descriptions and illustrations of the
context for those policies and maps, for 544 acres within the southwestern area of the City of Beaverton.
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This section of the Development Code of the City of Beaverton outlines specific implementation
requirements and connections to the policies of the South Cooper Mountain Community Plan.
1. Proposals within the South Cooper Mountain Community Plan area shall demonstrate compliance
with the following applicable South Cooper Mountain Community Plan policies and figures:
Response: Compliance with the standards of the South Cooper Mountain Community Plan is addressed
in Section IV of this narrative.
2. Proposals within the South Cooper Mountain Community Plan area shall demonstrate compliance
with the following applicable Comprehensive Plan policies and figures[…]
Response: Compliance with the policies of the Comprehensive Plan is addressed in Section III of this
narrative.
F. 60.55. Transportation Facilities 60.55.10. General Provisions.
1. All public and private transportation facilities shall be designed and improved in accordance with the
standards of this code and the Engineering Design Manual and Standard Drawings. In addition, when
development abuts or impacts a transportation facility under the jurisdiction of one or more other
governmental agencies, the City shall condition the development to obtain permits required by the
other agencies.
Response: Transportation facilities have been designed in accordance with the Engineering Design
Manual and Standard Drawings. The applicant will obtain permits from applicable agencies as necessary
to complete the project.
2. In order to protect the public from potentially adverse impacts of the proposal, to fulfill an identified
need for public services related to the development, or both, development shall provide traffic
capacity, traffic safety, and transportation improvements in rough proportion to the identified impacts
of the development.
Response: To ensure that the public is protected from adverse impacts related to traffic this application
includes a proposed internal roadway network, based on the South Cooper Mountain Community Plan
that will appropriately facilitate internal and pass through traffic.
3. For applications that meet the threshold criteria of section 60.55.15. (Traffic Management Plan) or of
section 60.55.20. (Traffic Impact Analysis), these analyses or limited elements thereof may be
required.
Response: The proposed PUD and Lot 1 development is predicted to produce more than 200 vehicle
trips per day at buildout. Accordingly, a Traffic Impact Analysis (as per section 60.55.20) has been
developed. See Appendix D.
4. The decision-making authority may impose development conditions of approval per Section 10.65.1.
of this code. Conditions of approval may be based on the Traffic Management Plan and Traffic Impact
Analysis. Additional street, bicycle, and pedestrian connections may also be required per 60.55.25.
(Street and Bicycle and Pedestrian Connection Requirements).
5. Dedication of right-of-way shall be determined by the decision-making authority
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Response: City staff has indicated that dedication of right-of-way will be required to extend Mountainside
Way and Scholls Ferry Road. These dedications are shown on Sheets C1.20, C1.21, and C1.22
Preliminary Plat.
6. Traffic calming may be approved or required by the decision-making authority in a design of the
proposed and/or existing streets within the Area of Influence or any additional locations identified by
the City Engineer. Traffic calming measures shall be designed to City standards.
Response: No traffic calming measures are currently required or proposed.
7. Intersection performance shall be determined using the Highway Capacity Manual 2000 published by
the Transportation Research Board. The City Engineer may approve a different intersection analysis
method prior to use when the different method can be justified. Terms used in this subsection are
defined in the Highway Capacity Manual 2000.
At a minimum, the impacts of development on a signalized intersection shall be mitigated to peak
hour average control delay no greater than 65 seconds per vehicle using a signal cycle length not to
exceed 120 seconds. The volume-to-capacity ratio for each lane group for each movement shall be
identified and considered in the determination of intersection performance. The peak hour volume-to-
capacity (V/C) ratio for each lane group shall be no greater than 0.98. Signal progression shall also
be considered. If the intersection is under County or ODOT jurisdiction, the V/C ratio for each land
group shall not exceed the V/C ratio imposed by that jurisdiction. [ORD 4706; May 2017]
At a minimum, the impacts of development on a two-way or an all-way stop-controlled intersection
shall be mitigated to a peak hour average control delay of no greater than 45 seconds per vehicle.
If the existing control delay or volume-to-capacity ratio of an intersection is greater than the standards
of this subsection, the impacts of development shall be mitigated to maintain or reduce the respective
control delay or volume-to-capacity ratio.
Response: The Traffic Impact Analysis utilized the Highway Capacity Manual 2000 for analysis and
employed the City’s standards above. It resulted in a series of recommendations for improvements to
roadways, access and capacity.
60.55.15. Traffic Management Plan. [ORD 4302; June 2004]
Where development will add 20 or more trips in any hour on a residential street, a Traffic Management
Plan acceptable to the City Engineer shall be submitted in order to complete the application. A residential
street is any portion of a street classified as a Local Street or Neighborhood Route and having abutting
property zoned R2, R4, R5, R7, or R10. [ORD 4584; June 2012]
[…]
Response: The site does not contain any existing residential streets. This standard is not applicable.
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60.55.20. Traffic Impact Analysis.
For each development proposal that exceeds the Analysis Threshold of 60.55.20.2, the application for
land use or design review approval shall include a Traffic Impact Analysis as required by this code. The
Traffic Impact Analysis shall be based on the type and intensity of the proposed land use change or
development and its estimated level of impact to the existing and future local and regional transportation
systems.
1. Engineer Certification. The Traffic Impact Analysis shall be prepared and certified by a traffic engineer
or civil engineer licensed in the State of Oregon.
Response: The traffic analysis was developed by Dana Beckwith, PE, a licensed engineer with Global
Transportation Engineering. See Appendix D.
2. Analysis Threshold.
A. A Traffic Impact Analysis is required when the proposed land use change or development will
generate 200 vehicles or more per day (vpd) in average weekday trips as determined by the City
Engineer.
B. A Traffic Impact Analysis or some elements of a Traffic Impact Analysis may be required when
the volume threshold under subsection A. of this section is not met but the City Engineer finds
that the traffic impacts attributable to the development have the potential to significantly impact
the safe and efficient operation of the existing public transportation system.
Response: The proposed development on Lot 1 is expected to generate 4,630 additional trips per day.
Accordingly, the analysis threshold has been met and the required Traffic Impact Analysis has been
developed. See Appendix D.
3. Study Area. The Traffic Impact Analysis shall evaluate the Area of Influence of the proposed
development and all segments of the surrounding transportation system where users are likely to
experience a change in the quality of traffic flow. The City Engineer may identify additional locations
for study if existing traffic operation, safety, or performance is marginal or substandard. Prior to report
preparation, the applicant shall submit the proposed scope and analysis assumptions of the Traffic
Impact Analysis. The City Engineer shall determine whether the scope and analysis assumptions are
adequate.
Response: As described in the Traffic Impact Analysis, the Area of Influence of the proposed
development was evaluated. Global Transportation Engineering submitted the proposed scope and
analysis assumptions to the City Engineer prior to conducting the analysis.
4. Contents of the Traffic Impact Analysis Report. The Traffic Impact Analysis report shall contain the
following information organized in a logical format:[…]
Response: The Traffic Impact Analysis was developed by Global Transportation Engineering and
contains the listed information.
60.55.25. Street and Bicycle and Pedestrian Connection Requirements.
1. All streets shall provide for safe and efficient circulation and access for motor vehicles, bicycles,
pedestrians, and transit. Bicycle and pedestrian connections shall provide for safe and efficient
circulation and access for bicycles and pedestrians.
Response: All streets are designed in accordance with the City of Beaverton’s Engineering Design
Manual except where exceptions/modifications have been requested. A multi-modal transportation
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network has been planned and designed for the site and its efficacy is described in the Traffic Impact
Analysis Report.
2. The Comprehensive Plan Transportation Element Figures 6.1 through 6.23 and Tables 6.1 through
6.6 shall be used to identify ultimate right-of-way width and future Potential Street, bicycle, and
pedestrian connections in order to provide adequate multi-modal access to land uses, improve area
circulation, and reduce out-of-direction travel.
Response: The Comprehensive Plan Transportation Element figures do not include the South Cooper
Mountain plan area. The transportation network was planning in accordance with the South Cooper
Mountain Community Plan. Additionally, all streets are designed in accordance with the City of
Beaverton’s Engineering Design Manual except where exceptions/modifications have been requested.
3. Where a future street or bicycle and pedestrian connection location is not identified in the
Comprehensive Plan Transportation Element, where abutting properties are undeveloped or can be
expected to be redeveloped in the near term, and where a street or bicycle and pedestrian connection
is necessary to enable reasonably direct access between and among neighboring properties, the
applicant shall submit as part of a complete application, a future connections plan showing the
potential arrangement of streets and bicycle and pedestrian connections that shall provide for the
continuation or appropriate projection of these connections into surrounding areas.
Response: The transportation network was planned in accordance with the South Cooper Mountain
Community Plan, including proposed connections to existing and planned street, bicycle, and pedestrian
facilities.
4. Streets and bicycle and pedestrian connections shall extend to the boundary of the parcel under
development and shall be designed to connect the proposed development’s streets, bicycle
connections, and pedestrian connections to existing and future streets, bicycle connections, and
pedestrian connections. A closed-end street, bicycle connection, or pedestrian connection may be
approved with a temporary design.
Response: The transportation network was planned in accordance with the South Cooper Mountain
Community Plan and includes connections to existing roadways. No closed-end streets are proposed.
However, there are two locations where streets are stubbed out for future connection to planned streets.
5. Whenever existing streets and bicycle and pedestrian connections adjacent to or within a parcel of
land are of inadequate width, additional right-of-way may be required by the decision-making
authority.
Response: Scholls Ferry Road, Mountainside Way, Street C, and Street A are adjacent to the
development site, and additional right-of-way will be provided per City and County standards. All streets
are designed in accordance with the City of Beaverton’s Engineering Design Manual except where
exceptions/modifications have been requested.
6. Where possible, bicycle and pedestrian connections shall converge with streets at traffic-controlled
intersections for safe crossing.
Response: The bicycle and pedestrian connections within the site are part of the larger South Cooper
Mountain plan area infrastructure. They will eventually converge at the signalized Mountainside
Way/Scholls Ferry Road intersection and the Scholls Ferry Road/175th intersections, all of which are
traffic controlled.
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7. Bicycle and pedestrian connections shall connect the on-site circulation system to existing or
proposed streets, to adjacent bicycle and pedestrian connections, and to driveways open to the public
that abut the property. Connections may approach parking lots on adjoining properties if the adjoining
property used for such connection is open to public pedestrian and bicycle use, is paved, and is
unobstructed.
Response: The transportation network was planned in accordance with the South Cooper Mountain
Community Plan, which identifies bicycle and pedestrian connections throughout the plan area.
8. To preserve the ability to provide transportation capacity, safety, and improvements, a special
setback line may be established by the City for existing and future streets, street widths, and bicycle
and pedestrian connections for which an alignment, improvement, or standard has been defined by
the City. The special setback area shall be recorded on the plat.
Response: The City has not requested a special setback line for the development, and no special
setback area is proposed.
9. Accessways are one or more connections that provide bicycle and pedestrian passage between
streets or a street and a destination. Accessways shall be provided as required by this code and
where full street connections are not possible due to the conditions described in Section 60.55.25.13.
An accessway will not be required where the impacts from development, redevelopment, or both are
low and do not provide reasonable justification for the estimated costs of such accessway.
A. Accessways shall be provided as follows:
1. In any block that is longer than 600 feet as measured from the near side right-of-way line of
the subject street to the near side right-of-way line of the adjacent street, an accessway shall
be required through and near the middle of the block.
Response: The site has been designed to provide a walkable, accessible grid of streets and
sidewalks. No blocks are longer than 600 feet.
2. If any of the conditions described in Section 60.55.25.14. result in block lengths longer than
1200 feet as measured from the near side right-of-way line of the subject street to the near
side right- of-way line of the adjacent street, then two or more accessways may be required
through the block. [ORD 4397; August 2006]
Response: No blocks of this length are proposed.
3. Where a street connection is not feasible due to conditions described in Section 60.55.25.14.,
one or more new accessways to any or all of the following shall be provided as a component
of the development if the accessway is reasonably direct: an existing transit stop, a planned
transit route as identified by TriMet and the City, a school, a shopping center, or a
neighborhood park.
Response: Main Street will be continued west through the site and will provide direct pedestrian
access to the planned transit stop and Mountainside High School to the east.
4. The City may require an accessway to connect from one cul-de-sac to an adjacent cul-de-sac
or street.
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Response: Two cul-de-sacs are proposed: the south end of Street A and the north end of Street
B. In both cases, pedestrian accessways connect the cul-de-sac to the adjacent streets and/or
trail network.
5. In a proposed development or where redevelopment potential exists and a street connection
is not proposed, one or more accessways may be required to connect a cul-de-sac to public
streets, to other accessways, or to the project boundary to allow for future connections.
Response: Two cul-de-sacs are proposed: the south end of Street A and the north end of Street
B. In both cases, pedestrian accessways connect the cul-de-sac to the adjacent streets and/or
trail network. No future connections are anticipated due to natural resource areas to the north and
restrictions on intersection spacing on Scholls Ferry Road to the south.
6. Within the South Cooper Mountain Community Plan area, the City may require an accessway
to connect from multiuse paths or trails to streets, multi-use paths, or trails.
Response: The proposed regional multi-use path within the Scholls Ferry right of way will
connect to the site via accessible walkways. The proposed multi-use paths within the natural
resource area to the north connects to the site at two points, as shown in Sheet C1.04.
B. Accessway Design Standards.
1. Accessways shall be as short as possible and wherever practical, straight enough to allow
one end of the path to be visible from the other.
2. Accessways shall be located to provide a reasonably direct connection between likely
pedestrian and bicycle destinations.
Response: As stated earlier, the site has been designed as walkable, accessible grid providing
easy pedestrian access and safe visibility.
10. Pedestrian Circulation.
A. Walkways are required between parts of a development where the public is invited or allowed to
walk.
Response: All the proposed roads within the development include sidewalks to provide pedestrian
circulation throughout the site. In addition, a regional multiuse path will be constructed along the
southern boundary of the site, parallel to Scholls Ferry Road. Finally, a network of multiuse paths is
proposed in the northern portion of the site and will be accessed through Park A.
B. A walkway into the development shall be provided for every 300 feet of street frontage. A
walkway shall also be provided to any accessway abutting the development.
Response: The Blackbird Farms site has approximately 340 ft. of frontage on Scholls Ferry Road. A
walkway is provided at the southern end of Street A to the east of Lot 6, and on-site walkways are
proposed. See Sheet C1.06.
C. Walkways shall connect building entrances to one another and from building entrances to
adjacent public streets and existing or planned transit stops. Walkways shall connect the
development to walkways, sidewalks, bicycle facilities, alleyways and other bicycle or pedestrian
connections on adjacent properties used or planned for commercial, multifamily, institution or
park use. The City may require connections to be constructed and extended to the property line
at the time of development.
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Response: As shown on Sheet C1.06, walkways are proposed to connect all conceptual buildings to
adjacent streets and pedestrian facilities. Lot 1 will construct the walkways within Phase 1.
D. Walkways shall be reasonably direct between pedestrian destinations and minimize crossings
where vehicles operate.
Response: Pedestrian destinations include the open space areas on site. Sidewalks are provided
along public streets and provide direct access to those spaces. See Sheet C1.06.
E. Walkways shall be paved and shall maintain at least five (5) feet of unobstructed width. Walkways
bordering parking spaces shall be at least seven feet wide unless concrete wheel stops, bollards,
curbing, landscaping, or other similar improvements are provided which prevent parked vehicles
from obstructing the walkway. Stairs or ramps shall be provided where necessary to provide a
reasonably direct route. The slope of walkways without stairs shall conform to City standards.
Response: Walkways will be paved and will be at least 5 ft. in width, with the exception of the
walkway at the western end of Building 1A. This walkway provides access to a utility room at the
western end of the building and is not intended for use by the general public. This walkway is 3 ft. in
width and complies with ADA width standards.
F. The Americans with Disabilities Act (ADA) contains different and stricter standards for some
walkways. The ADA applies to the walkway that is the principal building entrance and walkways
that connect transit stops and parking areas to building entrances. Where the ADA applies to a
walkway, the stricter standards of ADA shall apply.
Response: Walkways that are subject to the ADA have been designed to ADA standards.
G. On-site walkways shall be lighted to 0.5 foot-candle level at initial luminance. Lighting shall have
cut- off fixtures so that illumination does not exceed 0.5 foot-candle more than five (5) feet
beyond the property line.
Response: On-site sidewalks will be illuminated to a 0.5 foot-candle level. See Sheets L4.00 and
L4.01. The multiuse trails will be illuminated to the light level requested by the City and/or County.
11. Pedestrian Connections at Major Transit Stops. Commercial and institution buildings at or near major
transit stops shall provide for pedestrian access to transit through the following measures: […]
Response: There are no Major Transit Stops within or near the project. This standard is not applicable.
[…]
13. New construction of bicycle and pedestrian connections along residential rear lot lines is discouraged
unless no comparable substitute alignment is possible in the effort to connect common trip origins
and destinations or existing segment links.
Response: A multiuse trail is proposed along the rear lot line of Lots 2 and 4. However, the trail will not
be on the lots themselves and provides access to the natural areas to the north and connects to the
approved trail system to the west.
14. Street and Bicycle and Pedestrian Connection Hindrances. Street, bicycle, and/or pedestrian
connections are not required where one or more of the following conditions exist:
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A. Physical or topographic conditions make a general street, bicycle, or pedestrian connection
impracticable. Such conditions include but are not limited to the alignments of existing connecting
streets, freeways, railroads, slopes in excess of City standards for maximum slopes, wetlands or
other bodies of water where a connection could not reasonably be provided;
B. Existing buildings or other development on adjacent lands physically preclude a connection now
and in the future, considering the potential for redevelopment; or,
C. Where streets, bicycle, or pedestrian connections would violate provisions of leases, easements,
covenants, or restrictions written and recorded as of May 1, 1995, which preclude a required
street, bicycle, or pedestrian connection.
Response: Street, bicycle, and pedestrian connections are made to the west, south, east, and north to
connect with existing or approved infrastructure networks.
60.55.30. Minimum Street Widths.
Minimum street widths are depicted in the Engineering Design Manual
1. Any project-specific modifications of the standards contained in the Engineering Design Manual
regarding the widths of features relating to the movement of vehicles, including but not limited to
rights of way, travel lanes, parking lanes, bike lanes, driveway aprons, curb radii, or other such
features shall be processed in accordance with the provisions contained in the Section 145 Design
Modifications of the Engineering Design Manual. [ORD 4418; February 2007]
Response: The proposed streets meet the minimum widths for L1, Collector, and Arterial streets. A
modified L1 cross section is proposed for Street A (section M-M) to provide parking on one side of the
street. An Engineering Design Manual Exception request will be submitted at the time of Site
Development Permit.
2. Any project-specific modifications of the standards of the Engineering Design Manual relating to the
location and dimensions of required street landscaping and pedestrian features including, but not
limited to, sidewalks, planter strips, street trees, street tree wells, street tree easements, or street
furniture are subject to the procedures contained in Chapter 40 (Applications). The required
application will depend on the scope of the proposed project and the type of application filed with the
City. [ORD 4418; February 2007]
Response: No modifications to these street landscaping and pedestrian features are requested.
This standard is not applicable.
3. Street trees shall be planted at a maximum linear spacing of 30 feet along street frontages or
in accordance with an approved street tree plan approved by the City Arborist. Proposed
tree wells shall be designed to meet standards in the City Engineering Design Manual.
Response: As shown on Sheets L2.00 and L2.01, street trees are placed at a linear spacing of
no more than 30 ft.
60.55.35. Access Standards.
1. The development plan shall include street plans that demonstrate how safe access to and from the
proposed development and the street system will be provided. The applicant shall also show how
public and private access to, from, and within the proposed development will be preserved.
Response: The development plan incorporates streets that provide safe access to and from the
proposed development. See Sheet C1.10.
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2. No more than 25 dwelling units may have access onto a closed-end street system unless the
decision-making authority finds that identified physical constraints preclude compliance with the
standard and the proposed development is still found to be in compliance with the Facilities Review
criteria of Section 40.03.
Response: Street B terminates at the northern end in a cul-de-sac. The 145 dwelling units
proposed on Lot 1 have access from Street B at two points and are not served by a closed-end
street system.
3. Intersection Standards.
A. Visibility at Intersections. All work adjacent to public streets and accessways shall comply with the
standards of the Engineering Design Manual except in Regional and Town Centers.
1. The sight clearance area requirements for Town Centers and Regional Centers shall be
determined on a case-by-case basis by the decision-making authority. In making its
determination, the decision-making authority shall consider the safety of the users of the
intersection (including pedestrians, bicyclists, and motorists), design speeds, the intersection
sight distance standards of the Engineering Design Manual and Standard Drawings, and
other applicable criteria. [ORD 4111; July 2000]
Response: All intersections and streets are design in accordance with the visibility standards of
the Engineering Design Manual.
2. The requirements specified in 60.55.35.3.A. may be lessened or waived by the decision-
making authority if the project will not result in an unsafe traffic situation. In making its
determination, the decision-making authority shall consider the safety of the users of the
intersection (including pedestrians, bicyclists and motorists), design speeds, the intersection
sight distance standards of the Engineering Design Manual, and other applicable criteria.
Response: No modifications to these requirements are requested at this time.
B. Intersection angles and alignment and intersection spacing along streets shall meet the standards
of the Engineering Design Manual and Standard Drawings.
Response: The subject site is designated for residential development. Local street connections are
provided appropriate intervals within the project site.
C. Driveways.
1. Corner Clearance for Driveways. Corner clearance at signalized intersections and stop-
controlled intersections and spacing between driveways shall meet the standards of the
Engineering Design Manual and Standard Drawings.
Response: See Sheets C3.02 and C3.03 for Lot 1 driveway spacing.
2. Shared Driveway Access. Whenever practical, access to Arterials and Collectors shall serve
more than one site through the use of driveways common to more than one development or
to an on-site private circulation design that furthers this requirement.
Consideration of shared access shall take into account at a minimum property ownership,
surrounding land uses, and physical characteristics of the area.
Where two or more lots share a common driveway, reciprocal access easements between
adjacent lots may be required.
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Response: No shared driveway accesses are proposed.
3. No new driveways for detached dwellings shall be permitted to have direct access onto an
Arterial or Collector street except in unusual circumstances where emergency access or an
alternative access does not exist. Where detached dwelling access to a local residential
street or Neighborhood Route is not practicable, the decision-making authority may approve
access from a detached dwelling to an Arterial or Collector.
Response: No proposed driveways will have access onto an Arterial or Collector street.
60.55.40. Transit Facilities.
Transit routes and transit facilities shall be designed to support transit use through provision of transit
improvements. These improvements shall include passenger landing pads, accessways to the transit stop
location, or some combination thereof, as required by TriMet and the City, and may also include shelters
or a pad for a shelter. In addition, when required by TriMet and the City, major industrial, institution, retail,
and office developments shall provide either a transit stop on site or a pedestrian connection to a transit
stop adjacent to the site.
Response: No transit facilities are currently present within the site or within the South Cooper Mountain
plan area. Washington County, the City of Beaverton, and TriMet are in the process of expanding TriMet’
s service boundary to South Cooper Mountain. The South Cooper Mountain Concept Plan anticipates a
TriMet bus layover east of the subject site. The level of transit stop improvements will be determined by
TriMet in accordance with their ridership and design standards. Street C has been designed to
accommodate TriMet buses should TriMet wish to use that route.
G. 60.60. Trees and Vegetation […]
60.60.15. Pruning, Removal, and Preservation Standards.
1. Pruning Standards.
A. It shall be unlawful for any person to remove or prune to remove a tree’s canopy or disturb the
root zone of any Protected Tree, except in accordance with the provisions of this Code.
Response: The proposed tree removal will be conducted in accordance with the provisions
of this code.
B. All pruning of Protected Trees shall be done in accordance with the standards set forth in this
section and the City’s adopted Tree Planting and Maintenance Policy, also known as Resolution
3391.
Response: Protected trees include trees within a Significant Natural Resource Area
(SNRA). The site contains mapped SNRA, which includes trees. Major pruning of 6 of these
trees is proposed. The proposed pruning will comply standards of this section and
Resolution 3391.
2. Removal and Preservation Standards.
A. All removal of Protected Trees shall be done in accordance with the standards set forth in this
section.
Response: Three trees are proposed for removal within the SNRA. Removal will be done in
accordance with the standards of this section, as noted below.
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B. Removal of Landscape Trees and Protected Trees shall be mitigated, as set forth in section
60.60.25.
Response: No removal of Landscape Trees or Protected Trees is proposed. As shown in
the responses to 60.60.25, no mitigation is required.
C. For SNRAs and Significant Groves, the following additional standards shall apply:
1. The minimum DBH of non-exempt surveyed trees that must be preserved on a site
is as follows:
[…]
b) Residential, Commercial, or Industrial zoning district: Twenty five percent (25%)
of the DBH of non-exempt surveyed trees found on a project site
Response: The SNRA is located within the R1 zone, a residential zoning district. As
shown on Sheet L1.03, the proposed development anticipates the removal of 433
DHB of non-exempt trees, or 4.8 percent. This standard is met.
2. DBH to be retained shall be preserved in cohesive areas, termed Preservation
Areas, when development is proposed in SNRAs or Significant Groves.
Response: The applicant anticipates establishing Tract A in the northern portion of the
site, which would include the majority of the remaining trees on site.
3. Native understory vegetation and trees shall be preserved in Preservation Areas.
Response: No native understory vegetation and tree removal is proposed beyond the
tree removal required for construction of the trail.
4. Preservation Areas, conditioned for protection through the Development Review
process, shall be preserved in clusters that are natural in appearance rather than in
linear strips. Preservation Areas should connect with adjoining portions of the
Significant Grove or SNRA on other sites.
Response: The anticipated Preservation Area on site, within Tract A, will connect with
the SNRA on The Ridge site to the west and the SNRA areas to the north and northeast.
5. Preservation Areas, conditioned for protection through the Design Review process,
shall be set aside in conservation easements and recorded with a deed restriction
with Washington County, unless otherwise approved by the City. The deed
restriction shall prohibit future development and specify the conditions for
maintenance if the property is not dedicated to a public agency.
Response: The Preservation Areas will be set aside in easements and recorded with
deed restrictions as required by CWS and/or Washington County.
6. Preservation Areas, conditioned for protection through the Land Division process,
shall be set aside in tracts and recorded with a deed restriction with Washington
County, unless otherwise approved by the City. The deed restriction shall prohibit
future development and specify the conditions for maintenance if the property is not
dedicated to a public agency.
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Response: The Preservation Areas will be set aside in Tract A and recorded with deed
restrictions as required by CWS and/or Washington County.
7. Within the development review process, where a person is presented with a
particular decision whether to retain a native or non-native tree, the native species
shall be retained provided all other considerations between the two categories of
trees remain equal. Non-native tree species may also be retained for aesthetic,
unique condition, size, and wildlife habitat purposes.
Response: The proposed development is removing the minimum number of trees
needed to accommodate the planned trail network. Both native and non-native trees will
be retained within the SNRA.
8. Hazardous and dead trees within Significant Groves and SNRAs should be fallen
only for safety and left at the resource site to serve as habitat for wildlife, unless the
tree has been diagnosed with a disease and must be removed from the area to
protect the remaining trees.
Response: Two trees are proposed for removal within the SNRA: 1 tree is dead and will remain
as habitat, and the other must be removed to accommodate the proposed multiuse trail. The
remaining trees to be removed are outside of the SNRA and are not Protected Trees.
60.60.20. Tree Protection Standards during Development.
1. Trees classified as Protected Trees under this Code shall be protected during development in
compliance with the following: […]
Response: As shown on Sheets L1.00, L1.01, and L1.02, Protected Trees will be protected during
development.
60.60.25. Mitigation Requirements.
1. The following standards shall apply to mitigation for the removal of Significant Individual Trees or
trees within Significant Groves or SNRAs. […]
Response: No Significant Individual Trees are proposed for removal. As noted above, 6 trees are
proposed for removal within the SNRA. Two of these trees are invasive species, and 2 are dead,
diseased, or dying.
2. Mitigation for the removal of trees from Significant Groves or SNRAs shall be required as follows:
A. Calculate the total DBH of the trees to be removed. Denote both deciduous and coniferous trees
in separate tables; however, both tables will result in the sum total of the DBH to be removed.
Response: As shown in Appendix M, there are 6 coniferous trees proposed for removal within the
SNRA. The total DBH of these trees is 117.
B. If the total DBH of trees to be removed is less than or equal to 50% of the total DBH of surveyed
trees on the site, then no mitigation is required for the trees to be removed.
Response: As shown on Sheet L1.03, the total DBH of surveyed trees on site is 8,859. The DBH of
the trees to be removed from the SNRA is 1.3 percent of the total DBH, and no mitigation is required.
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C. If the total DBH of trees to be removed is greater than 50% of the total DBH of surveyed trees on
site, then mitigation is required for the amount of DBH to be removed that exceeds 50% of the
total DBH of surveyed trees on site.
Response: As shown on Sheet L1.03, the total DBH of surveyed trees on site is 8,859. The DBH of
the trees to be removed from the SNRA is 1.3 percent of the total DBH, and no mitigation is required.
3. In addition to the requirements listed in Section 60.60.25.1. Mitigation Requirements, the following
mitigation requirements shall apply for the removal of trees from Significant Groves or SNRAs.
A. Dead or dying trees within a Significant Grove or SNRA shall be fallen when required for safety.
Such tree falling shall not require mitigation. However, the fallen log should remain in the
Significant Grove or SNRA, to serve as habitat for wildlife, unless the tree has been diagnosed
with a disease and the log must be removed from the area to protect the remaining trees.
Response: No Significant Individual Trees are proposed for removal. As shown in Appendix M, 6
trees are proposed for removal within the SNRA, and two of those trees are dead, diseased, or dying.
As noted on Sheet L1.02, the trees removed within the resource area will remain as habitat.
H. 60.65. Utility Undergrounding 60.65.15. Regulation.
All existing and proposed utility lines within and contiguous to the subject property, including, but not
limited to, those required for electric, communication, and cable television services and related facilities
shall be placed underground as specified herein. The utilities required to be placed underground shall be
those existing overhead utilities which are impacted by the proposed development and those utilities that
are required to be installed because of the proposed development. […]
60.65.20. Information on Plans.
The applicant for a development subject to design review, subdivision, partition, or site development
permit approval shall show, on the proposed plan or in the explanatory information, the following:
1. Easements for all public and private utility facilities;
2. The location of all existing above ground and underground public and private utilities within 100 feet
of the site;
3. The proposed relocation of existing above ground utilities to underground; and
4. That above ground public or private utility facilities do not obstruct vision clearance areas pursuant to
Section 60.55.35.3 of this Code.
Response: The utilities within and contiguous to the site will be placed underground. See Sheets C4.00
to C4.12.
60.65.25. Optional Fee In Lieu of the Undergrounding Requirement.
[…]
Response: The applicant is not requesting a Fee in Lieu option. These requirements are not applicable.
I. 60.67. Significant Natural Resources. 60.67.05. Local Wetland Inventory.
Prior to issuing a development permit, the Local Wetland Inventory map shall be reviewed to determine if
the site proposed for development is identified as the location of a significant wetland.
1. Development activities and uses permitted on a proposed development site identified as the possible
location of a significant natural resource, including significant wetlands shall be subject to relevant
procedures and requirements specified in Chapter 50, of this ordinance.
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2. Upon City’s determination that a site contains wetland as identified on the Local Wetland Inventory
map, notice of the proposed development shall be provided to the Division of State Lands (DSL) in a
manner and form prescribed by DSL pursuant to ORS requirements.
Response: The site contains significant wetlands as identified by the Local Wetland Inventory map.
These provisions are applicable. The relevant procedures and requirements specified in Chapter 50 have
been addressed in Section VII of this narrative.
60.67.10. Significant Riparian Corridors.
Prior to issuing a development permit, the list of Significant Riparian Corridors shall be reviewed to
determine if the site proposed for development is identified as being listed corridor.
1. Development activities and uses permitted on a proposed development site identified as the possible
location of a significant natural resource, including significant riparian corridors, shall be subject to
relevant procedures and requirements specified in Chapter 50 of this ordinance.
[ORD 4659; June 2015]
Response: The site contains significant wetlands as identified by the Local Wetland Inventory map.
These provisions are applicable. The relevant procedures and requirements specified in Chapter 50 have
been addressed in Section VII of this narrative.
IX. Conclusion
The request for approval of proposed Blackbird Farms PUD, Lot 1 and Tract B Design Review, The Ridge Design
Review Compliance Letter, and SCM Main Street approval modifications have been shown to be consistent with
the applicable standards of the City of Beaverton Comprehensive Plan, South Cooper Mountain Community Plan,
and the Beaverton Development Code. The applicant respectfully requests approval of the application.