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MLP2017-00008
City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT EXPIRED ed NI Request for Permit Action /���y' i '` TIGARD 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503-718-2439 • www.tigard-or.gov TO: CITY OF TIGARD Building Division 13125 SW Hall Blvd.,Tigard, OR 97223 Phone: 503-718-2439 Fax: 503-598-1960 TigardBuildingPermits@tigard-or.gov FROM: ❑ Owner ® Applicant ❑ Contractor ❑ City Staff Check(V)one REFUND OR Name: INVOICE TO: (Business or Individual) Chris and Rhonda Newell Mailing Address: 10060 SW 72nd Avenue City/State/Zip: Tigard, OR 97223 Phone No.: PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓): / >� CANCET /VOID PERMIT APPLICATION. REFUND PERMIT FEES (attach copy of original receipt and provide explanation below). III INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below). Permit#: MLP2017-0000 r Site Address or Parcel#: 10060 SW 72nd Avenue Project Name: Newell Partition Subdivision Name: N/A Lot #: EXPLANATION: MLP2017-00008 expired on 7/8/21. The tree bond fee is requested to be refunded. eeo-( S 52t.co Signature: Z7czd C�G t, 22.t- Date: 10/14/21 Print Name: Danelle Isenhart, Isenhart Consulting, LLC Refund Policy 1. The city's Community Development Director,Building Official or City Engineer may authorize the refund of: • Any fee which was erroneously paid or collected. • Not more than 80%of the application or plan review fee when an application is withdrawn or canceled before review effort has been expended. • Not more than 80%of the application or permit fee for issued permits prior to any inspection requests. 2. All refunds will be returned to the original payer in the form of a check via US postal service. 3. Please allow 3-4 weeks for processing refund requests. FOR OFFICE USE ONLY Route to Sys Admin: Date By Route to Records: Date By Refund Processed: Date////q`y/ By €1 Invoice Processed: Date By Permit Canceled: Date// / j��Z/ By b Parcel Tag Added: Date By I:ABuilding\Forms\RcyPermitAction_t20.5 i.doc a :111 _ . TIGARD City of Tigard 11/19/21 Chris and Rhonda Newell 10060 SW 72°d Ave Tigard, OR 97223 Re: Permit No. MLP2017-00008 Dear Applicant: The City of Tigard has processed a refund for fees on the above referenced permit(s) as follows: Site Address or Parcel No.: 10060 SW 72°d Ave Project Name: Newell Partition Refund Check: #241349 in the amount of$528.00. Comment(s): Land use case expired. Refund 100% of tree bond If you have any questions,please contact me at 503.718.2470. Sincerely, )t)\Y -.)c-teND.€1^Xel37.---- Holly Van De Wege Program Development Specialist 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov a TIGARD City of Tigard 11/19/21 Chris and Rhonda Newell 10060 SW 72nd Ave Tigard, OR 97223 Re: Permit No. MLP2017-00008 Dear Applicant: The City of Tigard has processed a refund for fees on the above referenced permit(s) as follows: Site Address or Parcel No.: 10060 SW 72°d Ave Project Name: Newell Partition Refund Check: #241349 in the amount of$528.00. Comment(s): Land use case expired. Refund 100% of tree bond If you have any questions,please contact me at 503.718.2470. Sincerely, Holly Van De Wege Program Development Specialist 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov IN II • City of Tigard r c n K D Accela Refund Request This form is used for refund requests of land use, development engineering and building permit application fees. Receipts, documentation and the Request for Permit Action form (if applicable) must be attached to this request form. Refund requests are due to Accela System Administrator by each Wednesday at 5:00 PM. Please allow up to 3 weeks for processing of refunds. Accounts Payable will route refund checks to Accela System Administrator for distribution to applicant. PAYABLE TO: Chris and Rhonda Newell DATE: 11/14/2021 10060 SW 72"d Ave Tigard, OR 97223 REQUESTED BY: Dianna Ornelas TRANSACTION INFORMATION: Receipt#: 434956 Case#: MLP2017-00008 Date: 6/22/2021 Address/Parcel: 10060 SW 72"d Ave Pay Method: Check Project Name: Newell Partition EXPLANATION: Land use case expired. Refund 100% of tree bond. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: Building Permit Fee Example: 2300000-43104 $Amount Tree Establish Bond 260-0000-22000 $528.00 TOTAL REFUND: $528.00 APPROVALS: SIGNATURES/DATE: If under$5,000 Professional Staff If under$12,500 Division Manager If under$25,000 Department Manager If under$100,000 City Manager If over$50,000 Local Contract Review Board FOR ACCELA SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: \\ \A Z\ B3` I:\Building\Refunds\RefundRequest.doc x 09/01/2010 "II CITY OF TIGARD RECEIPT i ■ • 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 `�/ TIGARD Project Name: Newell Partition l Site Address: 10060 SW 72ND AVE Receipt Number: 437654 - 11/19/2021 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2017-00008 $-528.00 Total: $-528.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 241349 HVANDEWEGE 11/19/2021 $-528.00 Payor: Chris and Rhonda Newell Total Payments: $-528.00 Balance Due: $528.00 Page 1 of 1 INCITY OF TIGARD RECEIPT It 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Project Name: Newell Partition Site Address: 10060 SW 72ND AVE 0 /6-/s\f f/ L.-- Receipt Number: 434956 - 06/22/2021 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MLP2017-00008 Application Fee 100-0000-43116 $569.00 MLP2017-00008 Tree Establish Bond 260-0000-22000 $528.00 <- Total: $1,097.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1087 LSMITH 06/22/2021 $1,097.00 Payor: CHRIS&RHONDA NEWELL Total Payments: $1,097.00 Balance Due: $0.00 Page 1 of 1 Dianna Ornelas From: Agnes Lindor Sent: Monday, October 25, 2021 7:34 AM To: Dianna Ornelas Subject: RE: MLP2017-00008 - Newell Partition - Refund Tree Bond Hi Dianna- Yes, I approve.The application expired and therefore a tree bond is not needed.Thanks, Agnes From: Dianna Ornelas<Dianna@tigard-or.gov> Sent: Saturday, October 23, 2021 4:42 PM To: Agnes Lindor<agnesl@tigard-or.gov> Subject: MLP2017-00008- Newell Partition - Refund Tree Bond Hi Agnes, This customer is requesting a refund of the tree bond (see attached). Can you approve, or should I send this to someone else? Thanks. Dianna L. Ornelas Building Division Services Supervisor City of Tigard I Community Development 13125 SW Hall Blvd I Tigard, OR 97223 503-718-2430 Direct 1503-718-2439 Permits DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 III Notice of a Type II Proposal Land Partitions TIGARD Case ID: MLP2017-00008 (Newell Partition) Tigard Community Development Contact Information Date of Notice: Wednesday,November 29, 2017 120 days = Wednesday, February 28,2018 To: Interested Persons Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Wednesday, December 13, 2017. Please send your comments to Lina Smith, Assistant Planner in the City of Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223, or LinaCS@tigard-or.gov. Include the Case ID Number: MLP2017-00008. Information About the Proposal Description of the Proposal: The applicant is requesting a Minor Land Partition to divide a 0.39-acre site into two (2) parcels. Parcel 1 will be 9,642 square feet in size, and Parcel 2 will be 7,510 square feet in size. An existing detached, single-family home will remain on Parcel 1, and Parcel 2 will be a flag lot that connects to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property (10006 SW 72nd Avenue;WCTM 1S136AB,Tax Lot 200). Applicant: Isenhart Consulting,LLC Attn: Danelle Isenhart,AICP P.O. Box 2364 Beaverton, OR 97075 Owner: Christopher T. &Rhonda E. Newell 10060 SW 72nd Avenue Tigard, OR 97223 Proposal Address: 10060 SW 72nd Avenue Legal Description: WCTM 1S136AB,Tax Lot 201 Zoning: R-4.5: Low-Density Residential District Approval Criteria: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review this material, please schedule an appointment with Lina Smith, Assistant Planner at (503) 718-2438. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390. There is a fee charged for appeals. Notice to Mortgagee, Lienholder,Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. ELMWOOD ST �tF o ,' �: IIIIuIiik �P r� Generalized Zoning Categories • ...\ �w-� 4' 1111111 IliirlM• R-4.5 Q t 111..mm? ,�� J.nninv Desurip8nrl I. ri..._aVap iii Residential n D // �f.. Mixed Use Residential IMF a\ Mixed Use Central Business District _ ee 442 , Jo,t.r0.i:lry/ .w t? P R M� r 7 MICommercial -0, 3 — _ I li'Mixed Use Employment N_ - . FtED CEA aL—. :.-- -— R-4.5(PP) !Industrial W PR vE- t�� �" MI WAY _ =Parks and Recreation =- I. I tir I r'�_, N, •Washington County Zoning 111 III `, � Overlay Zones I_1r•lpq �■ _ _I \ .. r., 1� I�.liistarIe District Overlay NI GORDANA -R-4.5 _ ®Planned Development Overlay R-4.5 (PD) I sm _ a7.1___ .—, _., Suhieet Site 414 IM u E11�, IAN ■an ----7-177-/ /�� L�ICi15 P 57 —' IIFIE 111RAM 1• R-4.5 (PD) M 1, ... , son Map pnnvaa at 07 RI AM on'22-Nov-, MAPLEIEAF STilkim 1. 'Q MEI ;x IMEN 111 I$ I i OI 1.....A. F2 RN f .a «na«�w,«PavnoEoa R xowc..a¢o r I - -n I�, ��^ R-4a5 a (MAMMY tV.1.1_0144.11 DEVAN TMENI Jlyly.E —,L7 R (ai er sw wen ewe 38-1174 0 air i i I I es ?1411°114 s neem OR erzza a31 OAK ST Il soae..-.,t usam-nr env — !— 1, . r City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 NOTICE OF TYPE II DECISION II MINOR LAND PARTITION MLP2017-00008 NEWELL PARTITION T I GARD 120 DAYS = February 28, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: NEWELL PARTITION CASE NO.: MINOR LAND PARTITION MLP2017-00008 PROPOSAL: The applicant is requesting a Minor Land Partition to divide a 0.39-acre site into two (2) parcels. Parcel 1 will be 9,642 square feet in size, and Parcel 2 will be 7,510 square feet in size. An existing detached, single-family home will remain on Parcel 1, and Parcel 2 will be a flag lot that connects to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property (10006 SW 72nd Avenue;WCTM 1S136AB,Tax Lot 200). APPLICANT: Isenhart Consulting,LLC Attn:Danelle Isenhart,AICP P.O. Box 2364 Beaverton, OR 97075 OWNER Christopher T. &Rhonda E. Newell 10060 SW 72nd Avenue Tigard, OR 97223 LOCATION: 10060 SW 72nd Avenue;WCTM ISI36AB,Tax Lot 201 COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790,and 18.810 NOTICE OF DECISION PAGE 1 OF 30 MLP2017-00008 NEWELL PARTITION SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION,AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: LINA SMITH (503)718- 2438 or LinaCSgtigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 1. Prior to commencing any site work, the project arborist shall perform a site inspection for tree protection measures, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. 2. Prior to commencing any site work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire urban forestry plan (Urban Forestry Manual, Section 11, Part 3). This fee amount will 15 open grown trees. 3. Prior to commencing any site work, the applicant shall provide a tree establishment bond that meets the requirements of the Urban Forestry Manual, Section 11, Part 2. This bond amount will be for one (1) street tree. 4. The project arborist shall perform semimonthly (twice monthly) site inspections for tree protection measures during periods of active site development and construction, document compliance/non-compliance with the Urban Forestry Plan, and send written verification with a signature of approval directly to the project planner within one week of the site inspection. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 5. All improvements associated with public infrastructures including but not limited to street, utilities, grading, stormwater, water quality and water quantity facilities, streetlights, easements, easement locations, and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Fire Codes • Other applicable County,State,and Federal Codes and Standard Guidelines NOTICE OF DECISION PAGE 2 OF 30 MLP2017-00008 NEWELL PARTITION 6. All improvements associated with public infrastructures including but not limited to street, utilities, grading, stormwater, water quality and water quantity facilities, streetlights, easements, easement locations, and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 7. Prior to commencing site improvements,a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including storm water quality and water quantity facilities and any other work in the public right-of-way and public easements. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of all public improvements including but not limited to street, street grading, utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. All PFI Permit Plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www.tigard-or.gov). 8. Prior to commencing site improvements, submittal of the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 9. Prior to commencing of site improvements, the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 72nd Ave shall be shown to have: • Eight-foot Public Utility Easement(PUE) • Driveway approaches • Street trees in the planter strip spaced per TDC requirements • Mailbox locations 10. Prior to commencing site improvements, submit a final storm drainage report indicating that the proposed Low Impact Development Approach (LIDA) facilities on Parcels 1 and 2 are sized appropriately to Engineering Division. The storm drainage report shall be prepared and include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines for the facilities and must be reviewed and approved by the city. 11. Prior to commencing site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the existing storm main, service lateral,and onsite LIDA facilities on both Parcels 1 and 2. The service lateral and connection shall be designed and constructed in accordance with the City of Tigard and the CWS Design and Construction Standards. 12. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. NOTICE OF DECISION PAGE 3 OF 30 MLP2017-00008 NEWELL PARTITION 13. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the existing sanitary sewer main and associated service lateral to Engineering for review and approval. The service lateral and connection shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 14. Prior to commencing site improvements, the Applicant shall submit to Engineering evidence that Tualatin Valley Water District (TVWD) has been reviewed and approved the proposed public water facilities. 15. Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire and Rescue (TVF&R) for fire flow,hydrant placement,and emergency vehicular access and turn around. 16. Prior to commencing site improvements, an erosion control plan shall be provided as part of the PFI Permit drawings. The plan shall conform to the "CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). 17. Prior to commencing site improvements, a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 18. The design engineer shall indicate, on the grading plan,which lots will have natural slopes between ten percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 19. Prior to commencing of site improvements, the Applicant shall submit to the Engineering Division as part of the PFI Permit the Preliminary Sight Distance Certification for the both driveway approaches for review and approval. 20. Prior to commencing of site improvements, the private storm drainage easement on TL 1S136AB00200 shall be recorded. 21. Prior to commencing of site improvements,the private access and utility easement over TL 1S136AB00200 and TL 1S136AB00201 shall be recorded. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or khoi@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to final plat approval, complete the required public improvements including but not limited to street improvements, and obtain conditional acceptance from the City. Provide a one-year maintenance assurance for said improvements. 23. Prior to final plat approval, all the utility facilities including but not limited to storm drainage, water quality, water quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be constructed, completed,and/or satisfied. NOTICE OF DECISION PAGE 4 OF 30 MLP2017-00008 NEWELL PARTITION 24. Prior to final plat approval, the LIDA facility on the existing parcel (Parcel 1) shall be constructed, completed, and/or satisfied. 25. Prior to final plat approval, the Applicant shall sign a stormwater maintenance agreement with the City for the LIDA facility located on the existing parcel (Parcel 1) on the City standard form. 26. Submit for City review four (4) paper and one (1) electronic copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 27. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. 28. Final Plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant's surveyor. 29. Prior to final plat approval, pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. 30. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 31. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty,at 503-718-2421) 32. Prior to final plat approval, the Applicant shall submit to the Engineering Division the final sight distance certification for the driveway approach of the existing parcel (Parcel 1) for review and approval. 33. Prior to final plat approval,the applicant shall pay a fee in-lieu of undergrounding the existing overhead utilities along the development frontage on SW 72nd Ave. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be calculated based on unit price per lineal foot as indicated on the City Master Fee Schedule. 34. Prior to final plat approval, all existing overhead utilities serving the existing house on Parcel 1 shall be placed underground. 35. A non-access easement to prohibit Parcel 1 accessing the private driveway shall be recorded at final plat. 36. Prior to final plat approval,the private storm drainage easement on TL 1S136AB00200 shall be recorded. 37. Prior to final plat approval, the private access and utility easement over TL 1S136AB00200 and TL 1S136AB00201 shall be recorded. THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO FINAL BUILDING INSPECTION: The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the PLANNING DIVISION, ATTN: LINA SMITH, ASSISTANT PLANNER at (503) 718-2438 or LinaCSgtigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: NOTICE OF DECISION PAGE 5 OF 30 MLP2017-00008 NEWELL PARTITION 38. Prior to final building inspection,the applicant shall install a sign at the foot of the proposed flag accessway that clearly identifies the addresses of the two parcels. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KHOI LE, PRINCIPAL ENGINEER at (503) 718-2440 or khoi(utigard-or.gov. The cover letter shall clearly identify where in the submittal the required information is found: 39. Prior to final building inspection, the onsite LIDA on the newly created parcel (Parcel 2) shall be constructed, completed,and satisfied. 40. Prior to final building inspection, the Applicant shall provide stormwater detention for the newly created parcel (Parcel 2) or pay the water quantity fee. The water quantity fee shall be assessed in accordance with the current Master Fee Schedule. 41. Prior to final building inspection, the Applicant shall sign a stormwater maintenance agreement with the City for the LIDA facility located on the newly created parcel (Parcel 2) on the City standard form. 42. Prior to final building inspection, the Applicant shall submit to the Engineering Division the final sight distance certification of the driveway approach of the newly created parcel (Parcel 2) for review and approval. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the applicant shall: • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed;and • Include in the agreement provisions that if such work is not completed within the period specified,the City may complete the work and recover the full cost and expenses from the applicant. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080, the applicant shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated;or • Cash. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. NOTICE OF DECISION PAGE 6 OF 30 MLP2017-00008 NEWELL PARTITION 18.430.100 Filing and Recording: Within 60 days of the City review and approval,the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County, the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights-of- way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: • All centerline-centerline intersection points; • All cul-de-sac center points; and • Curve points,beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de-sac center points,and curve points.The tops of all monument boxes shall be set to finished pavement grade. 18.810.120 Utilities All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface-mounted transformers, surface-mounted connection boxes, and meter cabinets which may be placed above ground, temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the applicant shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason,it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification NOTICE OF DECISION PAGE 7 OF 30 MLP2017-00008 NEWELL PARTITION The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION,NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The 0.39-acre site is located on the east side of SW 72nd Avenue, north of SW Locust Street, and south of SW Ventura Drive. The property is currently occupied by a detached, single-family dwelling, with an attached garage and paved driveway. The applicant is requesting to divide the subject site into two (2) parcels. Parcel 1 will be 9,642 square feet in size,and Parcel 2 will be 7,510 square feet in size.An existing detached, single-family home will remain on Parcel 1,and Parcel 2 will be a flag lot that connects to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property(10006 SW 72nd Avenue;WCTM ISI36AB,Tax Lot 200). Property History City records indicate the subject site was originally approved as part of the Metzger Acre Tracts subdivision in 1908. According to the Washington County Assessment and Taxation Report, the site was developed with a detached, single- family dwelling in 1961. No other land use approvals were found that affect this property. SECTION IV. PUBLIC COMMENTS The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff mailed Notices of a Type II Proposal regarding this Minor Land Partition to affected parties on November 29,2017.No public comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.420 Land Partitions 18.420.050 Approval Criteria A. A request to partition land shall meet all of the following criteria: 1. The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations, as demonstrated by the analysis contained within this administrative decision, and through the imposition of conditions of approval. All necessary conditions must be satisfied as part of the development and building process. This criterion is met. 2. There are adequate public facilities are available to serve the proposal; Public facilities are discussed in detail under Section 18.810 Street and Utility Improvement Standards of this decision. The findings in that section demonstrate that there are adequate public facilities available to serve the proposal. This criterion is met. NOTICE OF DECISION PAGE 8 OF 30 MLP2017-00008 NEWELL PARTITION 3. All proposed improvements meet City and applicable agency standards; and As conditioned,all proposed improvements will meet city and applicable agency standards.This criterion is met. 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for a detached unit in the R-4.5 zone is 50 feet. All proposed parcels exceed this requirement because both Parcels 1 and 2 have an average lot width of approximately 90 feet.This criterion is met. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot,the accessway may not be included in the lot area calculation. The minimum lot size for a detached unit in the R-4.5 zone is 7,500 square feet. All proposed parcels exceed the minimum lot size because Parcel 1 is 9,642 square feet in size, and Parcel 2 is 7,510 square feet in size. Parcel 2 is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property (10006 SW 72nd Avenue; WCTM 1S136AB, Tax Lot 200). The lot area for Parcel 2 is calculated exclusive of any accessway or"flag pole"area.This criterion is met. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel l fronts SW 72nd Avenue by approximately 90 feet. Parcel 2 is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property.This criterion is met. d. Setbacks shall be as required by the applicable zoning district. Setbacks are addressed under Section 18.510 Residential Zoning Districts of this administrative decision. This criterion is met. e. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. This standard only applies to Parcel 2,which is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property. The applicant submitted a preliminary site plan that shows a proposed building footprint on Parcel 2. Based on this plan, the proposed building footprint complies with the setback standard outlined above. In addition, compliance with this standard will be confirmed during the building permit submittal process for all future development.This criterion is met. f. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The applicant is proposing a 140-foot-long access easement that will connect Parcel 2 to SW 72nd Avenue. This access easement is located on Parcel 1 and an adjacent property (10006 SW 72nd Avenue; WCTM 1S136AB, Tax Lot 200). NOTICE OF DECISION PAGE 9 OF 30 MLP2017-00008 NEWELL PARTITION The property owners of Tax Lot 200 have co-signed this Minor Land Partition application, as they propose to jointly utilize the access easement with Parcel 2. Accordingly, since the access easement will be shared between the adjoining properties, staff finds screening along the accessway is not required.This criterion does not apply. g. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. There is an existing fire hydrant located at the intersection of SW 72nd Avenue and SW Ventura Drive, approximately 210 feet north of the site. Additionally, a condition of approval has been added that requires the applicant to comply with Tualatin Valley Fire and Rescue standards, prior to commencing site improvements. As conditioned, this criterion is met. h. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant is proposing a common drive to serve Parcel 2 and adjacent Tax Lot 200. The applicant's narrative states that a reciprocal easement which will ensure access and maintenance rights will be recorded with the approved partition map.This criterion is met. 5. Any accessway shall comply with the standards set forth in Chapter 18.705,Access,Egress, and Circulation. This criterion is addressed under Section 18.705 Access,Egress and Circulation of this decision.This criterion is met. 6. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The proposed development is not located within or adjacent to the floodplain.This criterion does not apply. 7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s)will be processed concurrently. The applicant has not requested a variance or adjustment with this proposal. This criterion does not apply. 18.510 Residential Zoning Districts 18.510.050 Development Standards A. Compliance required.All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.370; 2. All other applicable standards and requirements contained in this title. B. Development standards. Development standards in residential zoning districts are contained in Table 18.510.2. NOTICE OF DECISION PAGE 10 OF 30 MLP2017-00008 NEWELL PARTITION TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Parcel 1 Parcell Minimum Lot Size -Detached unit 7,500 sq.ft. 9,642 sq. ft. 7,510 sq. ft. -Duplexes 10,000 sq.ft. -Attached unit[1] Average Minimum Lot Width -Detached unit lots 50 ft. 90 ft. 90 ft. -Duplex lots 90 ft. -Attached unit lots Maximum Lot Coverage - N/A N/A Minimum Setbacks -Front yard 20 ft. 22 ft. 20 ft. -Side facing street on corner&through lots 15 ft. N/A N/A -Side yard 5 ft. (10 ft. for a flag lot) 17 ft. / 17 ft. 10 ft. -Rear yard 15 ft. 37 ft. 15 ft. -Side or rear yard abutting more restrictive zoning district -Distance between property line and front of garage 20 ft. 41 ft. 20 ft. Maximum Height 30 ft. Existing * _ Minimum Landscape Requirement - N/A N/A The minimum lot size for a detached unit in the R-4.5 zone is 7,500 square feet. All proposed parcels exceed the minimum lot size because Parcel 1 is 9,642 square feet in size, and Parcel 2 is 7,510 square feet in size. Parcel 2 is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property (10006 SW 72nd Avenue; WCTM ISI36AB, Tax Lot 200). The lot area for Parcel 2 is calculated exclusive of any accessway or "flag pole" area. The minimum lot width required for a detached unit in the R-4.5 zone is 50 feet. All proposed parcels exceed this requirement because both Parcels 1 and 2 have an average lot width of approximately 90 feet. Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage, paved driveway, and associated landscaping. Staff reviewed the applicant's submitted site plan to confirm that all existing structures on Parcel 1 meet the setback requirements for the R-4.5 zone. Parcel 2 currently contains an approximately 57-square-foot accessory structure that the applicant proposes to demolish, but is otherwise vacant and undeveloped. The applicant is not proposing any development on Parcel 2 at this time. However, based on the applicant's submitted site plan, staff finds Parcel 2 has sufficient space for future development that meets the minimum required setbacks outlined above. These standards are met. *Building elevations were not submitted or required as part of this Minor Land Partition. However,prior to issuance of building permits,Parcel 2 will be subject to standards set forth in TDC 18.730.020.0 Building Heights and Flag Lots. 18.705 Access,Egress and Circulation 18.705.030 General Provisions H. Access Management. 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and NOTICE OF DECISION PAGE 11 OF 30 MLP2017-00008 NEWELL PARTITION deceleration standards as set by ODOT, Washington County, the city and AASHTO (depending on jurisdiction of facility). The proposed development is a two-lot partition and a traffic impact study is not required. Both lots will take access from SW 72nd Ave,a Local Street. The Applicant did not include Preliminary Sight Distance Certification for the existing and proposed driveway approaches. Prior to commencing of site improvements, submit to the Engineering Division as part of the PFI permit the Preliminary Sight Distance Certification for both driveway approaches for review and approval. Prior to final plat approval, submit to the Engineering Division the Final Sight Distance Certification for the driveway on the existing parcel (Parcel 1) for review and approval. Prior to final building inspection, the Applicant shall submit to the Engineering Division the Final Sight Distance Certification of the driveway on the newly created parcel (Parcel 2) for review and approval. 2. Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from city engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. 4. The minimum spacing of local streets along a local street shall be 125 feet. The Applicant is proposing a two-lot partition,which will take access from SW 72nd Ave, a Local Street via the existing and proposed driveways. Both the existing and proposed driveways are more than 150 feet from the nearest streets in both directions. I. Minimum access requirements for residential use. 1. Vehicular access and egress for single-family, duplex or attached single-family dwelling units on individual lots and multifamily residential uses shall not be less than as provided in Tables 18.705.1 and 18.705.2. TABLE 18.705.1 VEHICULAR ACCESS/EGRESS REQUIREMENTS: RESIDENTIAL USE (SIX OR FEWER UNITS) Number Dwelling Minimum Number of Minimum Pavement Minimum Access Width Unit/Lots Driveways Required Width 1 or 1 15' 10' NOTICE OF DECISION PAGE 12 OF 30 MLP2017-00008 NEWELL PARTITION Parcel 1 meets the standard outlined above because it contains an existing paved driveway, and fronts SW 72nd Avenue by approximately 90 feet. Parcel 2 meets the standard outlined above because it will connect to SW 72nd Avenue via a 20-foot-wide access easement,with a ten-foot pavement width.This standard is met. 18.715 Density Computations 18.715.020 Density Calculation A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the total site acres: 1. All sensitive land areas: a. Land within the 100-year floodplain, b. Land or slopes exceeding 25%, c. Drainage ways, and d. Wetlands, e. Optional: Significant tree groves or habitat areas, as designated on the City of Tigard "Significant Tree Grove Map"or"Significant Habitat Areas Map"; 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20%of gross acreage, b. Multifamily development: allocate 15% of gross acreage or deduct the actual private drive area; 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Total Site 17,152 square feet Parcel with Existing Dwelling - 9,642 square feet Net Development Area 7,510 square feet B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. Net Development Area 7,510 square feet Minimum Lot Size ± 7,500 square feet Maximum Number of Residential Units 1.00 As calculated above, the maximum number of residential units is 1.00, which means a maximum of one (1) additional unit is permitted. The applicant proposes to create only one (1) additional unit through this Minor Land Partition. This standard is met. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in subsection B of this section by 80% (0.8). (Ord. 12-09§1; Ord. 09-13) Maximum Number of Residential Units 1.00 x 80% Minimum Number of Residential Units 0.80 NOTICE OF DECISION PAGE 13 OF 30 MLP2017-00008 NEWELL PARTITION As calculated above, the minimum number of residential units is 0.80. This means that, based on the net development area, there is no minimum requirement for additional units. The applicant proposes to create one (1) additional unit through this Minor Land Partition.This standard is met. 18.730 Exceptions to Development Standards 18.730.020 Exceptions to Building Height Limitations C. Building heights and flag lots. 1. Limitations on the placement of residential structures on flag lots apply when any of the following exist: c. A flag lot was created prior to April 15,1985; d. A flag lot is created after April 15,1985 by an approved partition; or e. A flag lot is created by the approval of a subdivision and the flag lot is located on the periphery of the subdivision so that the lot adjoins other residentially-zoned land. Parcel 2 is a flag lot that will be created after April 15, 1985 by this approved Minor Land Partition. The following development standards apply. 2. The maximum height for an attached or detached single-family, duplex, or multiple-family residential structure on a flag lot or a lot having sole access from an accessway,private drive or easement is 1-1/2 stories or 25 feet,whichever is less, except that the maximum height may be 2-1/2 stories or 35 feet,whichever is less,provided: a. The proposed dwelling otherwise complies with the applicable dimensional and height requirements of the zoning district; b. A 10-foot side yard will be preserved; c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting lot; and d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting lot unless the proposal includes an agreement to plant trees capable of mitigating direct views, or that such trees exist and will be preserved. This standard only applies to Parcel 2,which is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property. Building elevations were not submitted or required as part of this Minor Land Partition. Therefore, compliance with the standards outlined above will be confirmed during the building permit submittal process for all future development.This standard is met. 18.730.050 Miscellaneous Requirements and Exceptions E. Lot area for flag lots. 1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning district. 2. The lot area shall be provided entirely within the building site area exclusive of any accessway. The minimum lot size for a detached unit in the R-4.5 zone is 7,500 square feet. All proposed parcels exceed the minimum lot size because Parcel 1 is 9,642 square feet in size,and Parcel 2 is 7,510 square feet in size. Parcel 2 is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property. The lot area for Parcel 2 is calculated exclusive of any accessway or"flag pole" area.This standard is met. NOTICE OF DECISION PAGE 14 OF 30 MLP2017-00008 NEWELL PARTITION F. Front yard determination. The owner or developer of a flag lot may determine the location of the front yard, provided no side yard setback area is less than 10 feet and provided the requirements of 18.730.010.C,Building Heights and Flag Lots, are satisfied. This standard only applies to Parcel 2,which is a flag lot that will connect to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property. The applicant submitted a preliminary site plan that shows a proposed building footprint on Parcel 2. Based on this plan, the proposed building footprint complies with the setback standard outlined above. In addition, compliance with this standard will be confirmed during the building permit submittal process for all future development.This standard is met. 18.745 Landscaping and Screening 18.745.030 General Provisions A. Maintenance responsibility. Unless otherwise provided by the lease agreement, the owner, tenant and his or her agent, if any, shall be jointly and severally responsible for the ongoing maintenance of all landscaping and screening used to meet the requirements of this chapter according to applicable industry standards. B. Installation requirements. The installation of all landscaping and screening required by this chapter shall be as follows: 1. All landscaping and screening shall be installed according to applicable industry standards; 2. All plants shall be of high grade, and shall meet the size and grading standards of the American Standards for Nursery Stock(ANSI Z60, 1-2004, and any future revisions); and 3. All landscaping and screening shall be installed in accordance with the provisions of this title. C. Certificate of occupancy. Certificates of occupancy shall not be issued unless the requirements of this chapter have been met or other arrangements have been made and approved by the city such as the posting of a bond. D. Protection of existing plants.Existing plants on a site shall be protected as follows: 1. The developer shall provide methods for the protection of existing plants to remain during the construction process; 2. The plants to remain shall be noted on the landscape plans (i.e.,plants to remain can be shown as protected with fencing); and 3. The tree protection provisions outlined in Chapter 18.790 and the Urban Forestry Manual shall apply to the land use review types identified in Section 18.790.020.A. E. Ongoing tree-related rules and regulations. Any trees used to meet the requirements of this chapter shall be subject to all applicable tree-related rules and regulations in other chapters and titles of the Tigard Municipal Code and Tigard Development Code. (Ord. 12-09 §1) The accepted planting procedures are the guidelines described in the Tigard Urban Forestry Manual. These guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting guidelines, as well as the standards set forth in the most recent edition of the American Institute of Architects'Architectural Graphic Standards. In the Architectural Graphic Standards, there are guidelines for selecting and planting trees based on the soil volume and size at maturity.Additionally, there are directions for soil amendments and modifications. These standards are met, and will be further addressed in Section 18.790 Urban Forestry Plan of this administrative decision. 18.745.040 Street Trees A. Street trees shall be required as part of the approval process for conditional use (Type III), downtown design review (Type II and III), minor land partition (Type II), planned development (Type III), site development review(Type II) and subdivision (Type II and III)permits. B. The minimum number of required street trees shall be determined by dividing the linear amount of street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the NOTICE OF DECISION PAGE 15 OF 30 MLP2017-00008 NEWELL PARTITION minimum number of required street trees shall be determined by rounding to the nearest whole number. C. Street trees required by this section shall be planted according to the street tree planting standards in the Urban Forestry Manual. D. Street trees required by this section shall be provided adequate soil volumes according to the street tree soil volume standards in the Urban Forestry Manual. E. Street trees required by this section shall be planted within the right-of-way whenever practicable according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted no more than six feet from the right-of-way according to the street tree planting standards in the Urban Forestry Manual when planting within the right-of-way is not practicable. F. An existing tree may be used to meet the street tree standards provided that: 1. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; 2. The tree would be permitted as a street tree according to the street tree planting and soil volume standards in the Urban Forestry Manual if it were newly planted; and 3. The tree is shown as preserved in the tree preservation and removal site plan (per 18.790.030.A.2), tree canopy cover site plan (per 18.790.030.A.3) and supplemental report (per 18.790.030.A.4) of a concurrent urban forestry plan and is eligible for credit towards the effective tree canopy cover of the site. G. In cases where it is not practicable to provide the minimum number of required street trees, the director may allow the applicant to remit payment into the urban forestry fund for tree planting and early establishment in an amount equivalent to the city's cost to plant and maintain a street tree for three years (per the street tree planting standards in the Urban Forestry Manual) for each tree below the minimum required. (Ord. 12-09 §1; Ord. 09-13) The linear amount of street frontage adjacent to this site is approximately 90 feet; therefore,the site is required to have a minimum of two (2) street trees (90 feet divided by 40 feet, rounded to the nearest whole number). The applicant's submitted tree canopy site plan shows two (2) street trees: one (1) existing 24-inch Grand Fir, and one (1) proposed. Furthermore, the project arborist (Peter Torres of Multnomah Tree Experts, Ltd.) submitted an Urban Forestry Plan Supplemental Report, which describes how the street trees will be maintained according to the Street Tree Planting Standards and Street Tree Soil Volume Standards that are outlined in the Urban Forestry Manual. These standards are met. 18.765 Off-Street Parking and Loading Requirements 18.765.030 General Provisions A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall submit a site plan. The director shall provide the applicant with detailed information about this submission requirement. Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage and a paved driveway that meets the access, egress, and circulation requirements for residential use. The applicant is not proposing any development on Parcel 2 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal. This standard is met. B. Location of vehicle parking. The location of off-street parking will be as follows: 1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall be located on the same lot with the dwelling(s). NOTICE OF DECISION PAGE 16 OF 30 MLP2017-00008 NEWELL PARTITION Parcel 1 contains a detached, single-family dwelling, with an attached garage and a paved driveway that meets the standard for vehicle parking location outlined above. The applicant is not proposing any development on Parcel 2 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal.This standard is met. 18.765.070 Minimum and Maximum Off-Street Parking Requirements H. Specific requirements. See Table 18.765.2. 'IDC Table 18.765.2 requires a minimum of one (1) parking space per dwelling unit. Parcel 1 contains a detached, single-family dwelling, with an attached garage and a paved driveway that meets this minimum off-street parking requirement. The applicant is not proposing any development on Parcel 2 at this time; accordingly, compliance with the standard outlined above will be confirmed during site plan review for building permit submittal.This standard is met. 18.790 Urban Forestry Plan 18.790.020 Applicability The requirements of this chapter apply to the following situations: A. The following land use reviews: 3. Minor land partition(Type II); This application is for a Type II Minor Land Partition. Accordingly, the requirements of TDC 18.790 Urban Forestry Plan apply. 18.790.030 Urban Forestry Plan Requirements A. Urban forestry plan requirements.An urban forestry plan shall: 1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person that is both a certified arborist and tree risk assessor (the project arborist), except for minor land partitions that can demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; An Urban Forestry Plan that was coordinated and approved by a certified arborist and tree risk assessor (the project arborist) has been submitted.This standard is met. 2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual (UFM); A tree preservation and removal site plan that meets the standards set forth in the Urban Forestry Manual has been submitted.This standard is met. 3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and A tree canopy site plan that meets the standards set forth in the Urban Forestry Manual has been submitted. In addition, the project arborist has included a signature of approval and statement attesting that the tree canopy site plan meets all of the requirements in Section 10,Part 2 of the Urban Forestry Manual.This standard is met. 4. Meet the supplemental report standards in the Urban Forestry Manual. A supplemental report was prepared and submitted by the project arborist, Peter Torres of Multnomah Tree Experts, Ltd. This report includes the required inventory data for existing open grown trees, as outlined in Section 10, Part 3, Subsection D of the Urban Forestry Manual. The site is zoned R-4.5; accordingly, the minimum required effective tree NOTICE OF DECISION PAGE 17 OF 30 MLP2017-00008 NEWELL PARTITION canopy for the entire site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and 0 of the Urban Forestry Manual).Through the supplemental report, the project arborist demonstrates how the effective tree canopy for the entire site is 98 percent,as well as 94 percent for Parcel 1,and 103 percent for Parcel 2.This standard is met. 18.790.060 Urban Forestry Plan Implementation C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan (per 18.790.030 A.3) and supplemental report (per 18.790.030.A.4) of the previously approved urban forestry plan shall be guaranteed and required according to the tree establishment requirements in Section 11,part 2 of the Urban Forestry Manual. The applicant's Urban Forestry Plan does not address tree establishment. Therefore, a condition of approval is added for the applicant to provide a tree establishment bond that meets the requirements of the Urban Forestry Manual Section 11,Part 2.This standard will be met. D. Urban forest inventory. Spatial and species specific data shall be collected according to the urban forestry inventory requirements in the Urban Forestry Manual for each open grown tree and area of stand grown trees in the tree canopy site plan (per Section 18.790.030.A.3) and supplemental report (per Section 18.790.030.A.4) of a previously approved urban forestry plan. Section 11, Part 3, Subsection B of the Urban Forestry Manual states that prior to any ground disturbance work, the applicant shall provide a fee to cover the city's cost of collecting and processing the inventory data for the entire Urban Forestry Plan.Therefore,a condition of approval is added to address this requirement. This standard will be met. 18.810 Street and Utility Improvement Standards 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter, provided, however, that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. The proposed development has frontage and access to SW 72nd Ave,a public street. The applicant does not propose any streets within the development. No new street or additional street is proposed. City record indicates that the existing right of way along proposed development matches the right of way showing on the Partition Plat no. 1991-029, a 30-foot right of way from centerline. Currently, SW 72nd Ave along the proposed development is fully improved with two-way travel lanes as well as curb, and curb tight sidewalk on both sides of the street. NOTICE OF DECISION PAGE 18 OF 30 MLP2017-00008 NEWELL PARTITION The right of way and street facilities meet and exceed the Local Street cross section as indicated in TDC Figure 18.810.4. 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following conditions exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorists or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets; or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. The current right of way is in accordance with the required right of way of the Local Street. The existing street is fully improved with two-way travel lanes as well as curb and curb tight sidewalk on both sides of the street. Additional street improvement is not proposed or deemed necessary. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic circulation. No creation of right of way is proposed or deemed necessary. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code, Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. A 20-foot access easement is proposed along the north property line of the proposed development and over both the proposed development(IL 1S136AB00201) and the adjacent property to the north (TL 1S136AB00200) The site plan indicates a ten-foot hard surface driveway is proposed to serve the newly created parcel (Parcel 2). Although meeting the vehicular access/egress requirements per TDC Table 18.705.1, the proposed driveway will be limited to serve one or two dwelling units. When three or more dwelling units access the easement, the transportation facility within the easement shall be constructed in accordance with private street standards having 20-foot pavement and five-foot curb tight sidewalk on at least one side of the street. A shared access and utility easement shall be recorded prior to commencing site improvements. NOTICE OF DECISION PAGE 19 OF 30 MLP2017-00008 NEWELL PARTITION Parcel 1 of the proposed development will be prohibited from taking access from the proposed private driveway. A non-access easement shall be required and recorded on the final plat. D. Street location, width and grade. Except as noted below, the location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section; and No new street is proposed or deemed necessary. The proposed development will take access from SW 72nd Ave. The existing street grade is less than ten percent and meets current design standards. 2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or b. Conform to a plan adopted by the commission, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety. The Applicant's site plans show SW 72nd Ave. This standard is met. E. Minimum rights-of-way and street widths. Unless otherwise indicated on an approved street plan, or as needed to continue an existing improved street or within the downtown district, street right- of-way and roadway widths shall not be less than the minimum width described below. Where a range is indicated, the width shall be determined by the decision-making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The city council may adopt by resolution, design standards for street construction and other public improvements. The design standards will provide guidance for determining improvement requirements within the specified ranges.) These are presented in Table 18.810.1. The Applicant's site plans show that the street improvement along the proposed development frontage on SW 72nd Ave consists of 30 feet of right of way dedication from centerline; 16 feet of pavement from centerline, curb, five- foot sidewalk and six-foot planter. The proposed street cross section exceeds the Local Street as indicated in TDC Figure 18.810.4. This standard is met. N. Grades and Curves. 1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. Street grade on SW 72nd Ave remains unchanged. NOTICE OF DECISION PAGE 20 OF 30 MLP2017-00008 NEWELL PARTITION O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and: 1. Concrete curbs and driveway approaches are required; except: 2. Where no sidewalk is planned, an asphalt approach may be constructed with city engineer approval; and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Curbs,curb cuts,ramps,and driveway approaches are shown on the submitted site plans. Q. Access to arterials and collectors. Where a development abuts or is traversed by an existing or proposed arterial or collector street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: 1. A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; If a lot has access to two streets with different classifications, primary access should be from the lower classification street. The proposed development abuts SW 72nd Ave, a Local Street. This standard is met. W. Mailboxes.Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. No new mailbox is shown on the site plans. Prior to commencing site improvements, proposed mailboxes shall be shown on the site plans for Engineering's review and approval. AA. Street cross-sections. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphaltic concrete; 3. The final lift shall be placed on all new construction roadways prior to city final acceptance of the roadway; however, not before 90% of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development; 4. The final lift shall be Class C asphaltic concrete as defined by A.P.W.A. standard specifications; and 5. No lift shall be less than 1-1/2 inches in thickness. NOTICE OF DECISION PAGE 21 OF 30 MLP2017-00008 NEWELL PARTITION No street improvement is proposed or deemed necessary. This standard is met. 18.810.050 Easements B. Utility easements. A property owner proposing a development shall make arrangements with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The Applicant's site plans do not show a PUE along the proposed development frontage on SW 72"d Ave. An eight-foot PUE is required. No other easements are proposed or deemed necessary. An eight-foot PUE shall be recorded as part of the final plat. 18.810.070 Sidewalks A. Sidewalks. All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. No industrial or private streets are proposed. There is existing sidewalk along the proposed development's frontage on SW 72"d Ave. This standard is met. B. Requirement of developers. 1. As part of any development proposal, or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct, safe (1.25 x the straight line distance) pedestrian routes within 1/2 mile of their site to all transit facilities and neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction, the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). There is no sidewalk gap within 300 feet in either direction of the proposed development. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: there is inadequate right-of-way; the curbside sidewalks already exist on predominant portions of the street; it would conflict with the utilities; there are significant natural features (large trees, water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required; or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration for exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. NOTICE OF DECISION PAGE 22 OF 30 MLP2017-00008 NEWELL PARTITION There is an existing curb tight sidewalk, with a six-foot planter behind the sidewalk along the proposed development's frontage on SW 72nd Ave. A planter strip is required behind the curb, except in this case; curb tight sidewalk already exists on a predominant part of the street. This standard is met. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. The Applicant should understand it is their obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval. The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permits denied. Development permits may be restricted by the commission or hearings officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The Applicant's narrative indicates that a sanitary sewer lateral is proposed for the newly created parcel (Parcel 2). The lateral is shown to be connecting to the existing public sanitary sewer main located along the back of the development. No over-sizing of the sewer is proposed or deemed necessary. Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the location of the existing sanitary sewer main and associated service laterals to Engineering for review and approval. Service laterals and connections shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval, all service laterals shall be constructed, completed, and/or satisfied. 18.810.100 Storm Drainage A. General provisions. The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The Applicant's site plans show the existing public storm drainage system and existing sanitary sewer main are separate and independent from one another. NOTICE OF DECISION PAGE 23 OF 30 MLP2017-00008 NEWELL PARTITION 2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The Applicant's site plans show that onsite storm improvements are proposed. A private inlet is proposed at the end of the proposed driveway. A LIDA facility is proposed to collect and treat run-off from both the proposed driveway and new impervious on Parcel 2 prior to discharging to the existing pubic storm main located north of the development. No change will be made to the existing street along the proposed development frontage on SW 72nd Ave. Surface water is not carried across any intersection or allowed to flood any street. 3. Surface water drainage patterns shall be shown on every development proposal plan. A grading plan was submitted showing contours associated with the proposed street and parcels. The Applicant's site plans also included the proposed storm lateral indicating how surface water drainage patterns will be after development. B. Easements. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The proposed development is not traversed by a watercourse, drainageway, channel or stream. The Applicant proposes a ten-foot private drainage easement along the south property line of TL 1S136AB00200 for conveying storm run-off from the proposed development. This standard is met. The ten-foot private storm easement shall be recorded prior to commencing site improvements. C. Accommodation of upstream drainage. A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development, and the city engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the proposed development. This standard is not applicable. D. Effect on downstream drainage. Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The Applicant's site plans show that a LIDA facility is proposed on the new parcel. In addition, the Applicant also submitted a preliminary storm report showing the calculations and sizing of the LIDA facility. The existing house currently lacks both water quality and detention. Water quality will be required per CWS Design and Construction Standards. NOTICE OF DECISION PAGE 24 OF 30 MLP2017-00008 NEWELL PARTITION The preliminary storm report also addressed downstream drainage. No inefficiency is found downstream of the proposed development site. However, the City of Tigard requires detention is provided when development site is located with the Fanno Creek Basin. When detention facility is impractical to be provided, a fee in lieu of constructing the facility can be requested. If the request is approved, the fee will be assessed in accordance with the current Master Fee Schedule. Prior to commencing of site improvement, submit site plans showing LIDA facilities are provided on both Parcel 1 and Parcel 2. Prior to commencing site improvements, submit a final storm drainage report indicating that the proposed LIDA facilities are sized appropriately to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines for the facilities. The report must be reviewed and approved by the city. 18.810.120 Utilities A. Underground utilities. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: 1. The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3. All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; and 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to undergrounding requirement. 1. The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under grounding the utilities outweighs the benefit of undergrounding in conjunction with the development. The determination shall be on a case-by-case basis. The most common, but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities. 2. An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3. Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. NOTICE OF DECISION PAGE 25 OF 30 MLP2017-00008 NEWELL PARTITION 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines. All new utility lines shall be placed underground. D. Fee in-lieu of undergrounding. 1. The city engineer shall establish utility service areas in the city. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 2. The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area. The fee due from any developer shall be calculated based on a front-foot basis. 3. A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities. The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4. The funds collected in each service area shall be used for undergrounding utilities within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city. The list shall indicate the estimated timing and cost of each project. The list shall be submitted to the city council for their review and approval annually. There are existing overhead utilities located on the opposite side the right of way from the frontage of the proposed development on SW 72nd Ave. The Applicant shall pay a fee in lieu of undergrounding. The existing house is currently served by overhead utilities. The Applicant shall place all existing overhead utilities serving the existing house underground. Prior to commencing of site improvements, the applicant shall pay a fee in-lieu of undergrounding. The fee shall be calculated based on unit price per lineal foot as indicated on the City Master Fee Schedule. Prior to final plat, all existing overhead utilities serving the existing house shall be placed underground. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: A traffic impact study is not required. Private Drive: When three or more dwelling units access the easement, the transportation facility within the easement shall be constructed in accordance to private street standards with 20-foot pavement and five-foot curb tight sidewalk on at least one side of the street. When two dwelling units accessing the private drive, the hard surface and inlet located within the private drive shall be maintained by the property owners who are directly adjacent to it. A maintenance agreement will be required and recorded at Washington County Recording Division Office. Fire and Life Safety: NOTICE OF DECISION PAGE 26 OF 30 MLP2017-00008 NEWELL PARTITION Prior to commencing site improvements, the Applicant will be required to provide written approval from Tualatin Valley Fire and Rescue for fire flow, hydrant placement, and emergency vehicular access and turn around. Public Water System: The public water system serving the proposed development is under the jurisdiction of Tualatin Valley Water District. Prior to commencing site improvements, the Applicant shall submit to Engineering evidence that TVWD has been reviewed and approved the proposed public water facilities. Prior to final plat approval, the Applicant shall submit to Engineering evidence that TVWD has inspected and accepted the proposed public water facilities. Storm Water Quality: The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The LIDA facility on the existing parcel (Parcel 1) shall be constructed and completed prior to final plat approval. The LIDA facility on the newly created parcel (Parcel 2) shall be constructed and completed prior to final Building inspection. When the detention requirement cannot be met, the Applicant shall pay the fee lieu of constructing the detention facility. The fee will be assessed in accordance with the current Master Fee Schedule and shall be paid at the time of Building Permit issuance. Grading and Erosion Control: Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. In accordance with CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. For situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. The design engineer shall also indicate, on the grading plan,which lots will have natural slopes between ten percent and 20 percent as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. NOTICE OF DECISION PAGE 27 OF 30 MLP2017-00008 NEWELL PARTITION The applicant shall obtain a grading permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Prior to final plat approval, pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins,water valves,hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS The City of Tigard Police Department was sent a copy of the applicant's proposal,and responded on November 27, 2017. The department requested the applicant install a sign that identifies the addresses of the two parcels. The sign should be located at the foot of the proposed flag accessway, to ensure clear visibility for first responders. A condition of approval has been added that requires the applicant to comply with this request,prior to final building inspection. The City of Tigard Public Works Department was sent a copy of the applicant's proposal,and had no objections. SECTION VII. AGENCY COMMENTS CenturyLink was sent a copy of the applicant's proposal,and had no objections. Clean Water Services issued a Service Provider Letter and Sensitive Area Pre-Screening Site Assessment (CWS file 17- 002777) to determine that sensitive areas do not appear to exist on site, or within 200 feet of the site. The agency also submitted written comments, dated December 1,2017,requesting a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization prior to final plat approval and recordation. This request has been incorporated into the Conditions of Approval.The City of Tigard and CWS have an intergovernmental agreement stating that the city will ensure implementation of CWS Design and Construction Standards;therefore, this Minor Land Partition approval is conditioned to satisfy CWS requirements. Comcast was sent a copy of the applicant's proposal,and had no objections. Frontier Communications was sent a copy of the applicant's proposal,and had no objections. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal, and responded on December 6, 2017. NOTICE OF DECISION PAGE 28 OF 30 MLP2017-00008 NEWELL PARTITION TVF&R endorsed the proposal, predicated on criteria and conditions of approval regarding Fire Apparatus Access, Firefighting Water Supplies, Fire Hydrants, and Building Access and Fire Service Features. The complete letter can be viewed in this land use case file (Case No. MLP2017-00008). A condition of approval has been added that requires the applicant to comply with all TVF&R standards. Tualatin Valley Water District was sent a copy of the applicant's proposal,and had no objections. Attachments: Attachment 1:Approved Site Plan Attachment 2: Zoning Map Attachment 3: City of Tigard Engineering Department,Memorandum dated December 4,2017 Attachment 4: City of Tigard Police Department,Written Comments dated November 27,2017 Attachment 5: Clean Water Services, Comment Letter dated December 1,2017 Attachment 6:Tualatin Valley Fire and Rescue,Comment Letter dated December 6,2017 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON DECEMBER 18, 2017 AND EFFECTIVE ON JANUARY 8, 2018 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code, which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON JANUARY 4,2018. NOTICE OF DECISION PAGE 29 OF 30 MLP2017-00008 NEWELL PARTITION Questions: If you have any questions, please contact Lina Smith, Assistant Planner at (503)718-2438 or LinaCS@tigard-or.gov. You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. �.l��/ December 18,2017 PREPARED BY: Lina Smith Assistant Planner fog, ��'� December 18,2017 APPROVED BY: Tom McGuire Assistant Community Development Director NOTICE OF DECISION PAGE 30 OF 30 MLP2017-00008 NEWELL PARTITION (2-PARCEL ATTACHMENT 1 w 00 c.10060 SW 72ND AVENUEPARTIIIONwo > I- r omIxaW N.W. 1/4, N.E 1/4, SECTION 36, T.1 S., R.1 W., W.M., N o 0 � W77 -' o CITY OF TIGARD, OREGON LU a , NOVI42017 comaHQ o < - 0 a F= CITY OF TIGARD oa a < 1. LEGEND ic-i _ _ BOUNDARY LINE SW VENTURA AVE S TL 200 v ADJACENT/ADJOINING LOT LINE SW LANDAU Si Laos - - -- - - - - CENTER LINE ROW III III -IIIIIIII W X04- - EXISTING 1'CONTOUR LINE W — —— — — n 3701 — �6� EXISTING 5'CONTOUR LINE ■� � /:. T © EXISTING SANITARY SEWER MANHOLE f R . 1 u) ir O EXISTING WATER METER „Ill ■y-- W 1 ® EXISTING WATER METER . ■■.. gIr_____ EXISTING MAILBOX SW LOCUST sT O m EXISTING ELECTRIC METER j U ® 1 EXISTING WALL Q III Z i PARCEL PARCEL 2 I xJ" EXISTING OVERHEAD LINE EXISTING SANITARY SEWER LINE IN -x . xc- EXISTING GAS LINE I I xw EXISTING WATER LINE VICINITY MAP /\ 1 1 0 EXISTING FENCELINE NTS N 1 1 i —0-0— TREE PROTECTION FENCE TL 3600 I PROPOSED SANITARY LATERAL h-- -- • PROPOSED WATER METER—— ——!------ —— _ _ SITE INFORMATION: EL Lc -_ &I N Z w SITE ADDRESS: 10060 SW 72ND AVENUE o 0 TAX MAPS: US RTW SEC. 36A6 TL 4100 TAX LOTS: 201 w Ex GROSS AREA: 17,152 SF IL 3500 ZONING: R-4.5 0 20' 0 10' 20' 40' i of NI.Mil I MI��� DRAWING INDEX: SCALE: 1"= 20' o 1 COVER SHEET 0 o c ® 11"X17" 1"= 40' 2 EXISTING CONDITIONSCO ,5 3 PRELIMINARY PLAT 5$N 9 4 PRELIMINARY SITE/UTILITY PLAN ^'''""4„1„,/ `00 m 5 PRELIMINARY GRADING&EROSION CONTROL PLAN a o,, 6 TREE PRESERVATION PLAN r o 0o L n N re M co 0 ,..9 ,,o v 4 W.. 0 NQa o OWNER/APPLICANT: PLANNER: m �' OFTY TIGARD CHRIS&RHONDA NEWELL ISENHART CONSULTING, LLC BENCH MARK INFORMATION 0 a 10060 SW 72ND AVENUE P.O.BOX 2364 Appro`' ■ TIGARD, OR 97223 BEAVERTON, OR 97075 CITY OF TIGARD BENCHMARK ID NO. 239. A BRASS DISK STAMPED ved b ®y & lanning CONTACT: CONTACT: DANELLE ISENHART "1/4 25/26 T 1 S R 1 W, 1995" IN A MONUMENT BOX LOCATED IN Date: ...1€111312... .._ I TEL 503-880-4979 I TEL SW LANDAU ST, 30 FEET EAST OF 75TH AVE. INSTALLA11ON DATE 08/28/1995. ELEVATION 265.13 FEET. Initials: k.0 N R a SHEET 1-8 1 /E OF , N . 7 6 0 10' 0 5' 10' 20' 4i\ MI � w m SCALE: 1" = 10' D Z Q 11"X17" @ 1" = 20' Z Z 0O r: DE 8" ' z CC Q I- CC xLi) i O x N ��. mug CC X I DE-8" a !t c� tr / Th I DE 7" I� x w ~^ J f U X X cnoCQ � Q \ \QE 12" OQ2 U c� \ a •` ` ) 4 x X Xt I / • x O 1 a —xG xc XG xG x r. xc cn J DE 18" O N x 1 I DE 6" 26� II T I a o C yy--,, X 4 X Xxw xw x xw © �� \ O LEGEND �- O� ( N CE-6" \ v _ \ I \� ` \ \ \ DE 8"/8" ❑ X - - BOUNDARY LINE L X \ \ a 1 .....„..„,-AA \ \ - \ I - - ADJACENT/ADJOINING LOT LINE vJ x 1 N \ \ — `N \ — 6 X CENTER LINE ROW Z (n x / ` \ \ I 0 _ _ \ — �o� — EXISTING 1' CONTOUR LINE _ x ��, ��� — - - - ------_, S88'21'45"E 190.83' ---„, - X05— — EXISTING 5' CONTOUR LINE �_ a �� _ — _ _ ciix X X �o� I ` \ ` ---,_ _ - - - - I O EXISTING SANITARY SEWER MANHOLE 7O a04 1A x \ \ \ _ ❑w EXISTING WATER METER Z as ❑ ~ \ ~ ( 0 EXISTING WATER METER O X \�o� f X o 2jo CJ 2 (25" 1 ` n0 ----. 0 ________ ~ ° ~ ° \--- --- \ ~ , I 0 EXISTING MAILBOX a O DOUGLAS �❑ �~ ° p EXISTING ELECTRIC METER a x FIR) x -1-1 \ ` x a —XOH X� XOH XCH XOH XOH XOH XOH XOH \O 1 ! 1 1 1 1 1 1 1 ! 1 1 EXISTING WALL XT a I in ON x \ ( v XOH EXISTING OVERHEAD LINECO \ � � No 4 °' x xss EXISTING SANITARY SEWER LINE �/ ci X' ``' ° EXISTING FENCE — — — _ \ \ -xG xG EXISTING GAS LINE W Q I x a o 13-08" TO BE REMOVED EXISTINGE X JAI \ \ 10060 SW 72ND AVENUE CURLY \ TO BE REMOVEDcn Jcn iN\ \ a / zI \ \ WILLOW) ❑ \ � (TYP) \ Xw EXISTING WATER LINE x \ X 1 (24" \ EXISTING POND ❑ EXISTING FENCELIKE d ✓X \ a -' GRAND — — — — — — — \ TO BE REMAIN I \ 21-(26"�* X \ FIR) co ° EXISTING ° APPLE) ;1o - x 1 HOUSE N � \ ° " w xw ill TO MAINI \ 12 (9" N v MOUNTAIN ❑ _ x v� ` \ NN,, ASH) \ r �rn~ z x° x x \ I I ai O x a x vi d N. (n U a 0 X ZO w U \ I - \ I _ x \ X ICr\ \ I EXISTING \ DRIVEWAY ° O x L.LI N TO MAIN ` \ \ it x x cn I d ` ❑ — J." X 0 x \ \ w d I I 270 EXISTING SHED o 0 ul a I x TO BE REMOVED 0 o \ 0 I UN7 — N cp X c?,..‘ EXISTING I O of ---- UT--, PATIO N. I I Z CO o x \ \ a ❑ TO MAIN ❑ -- h Oil Lo a 3 \ / Ic \ .LA I 1 x O a X LJ PP c vi N 1111111 11 1111111 i ' i1 . illilliii iii17 : 11 : . 1 ! ! ! 1 ! ! ! 1 _ 11111111111 11111111111111111111 WESTERN 2'I 14 (12p \ ~ 19-(26" 7 X _ -W€SN I p c� 16 36" SWEET 17 28" WESTERN L u N a ° ° ° �❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ d/�► RED 3CE CEDAR) REDTCE AR) I X o RED CEDAR) ( ( RED r `i7 CH Y) RED CEDAR) CEDAR) I n zo N _ a O _ _ x b �..�" N88'20'38 1 0.82' =�, _`� ° eL ° ti . at. cfl r x X 5 (24' ( 8 28" WESTERN IMP ■ _ _ o Y w 4 24" WESTERN DOUGLAS 6 18' 7 (12',10",9",6' ( 10 (12",12' x N O oc on a \ 3 20" BIG ( O SWEET WESTERN RED RED CEDAR) WESTERN 15-(24" WESTERN 18 (26" BIG WESTERN • O pj o ( RED CEDAR) FIR) cE co \ / x a \ I LEAF MAPLE) CHERRY) CEDAR) RED CEDAR) RED CEDAR) LEAF MAPLE) WESTERN 274 z o o] 0 i / —I — ` RED ~ I� ----- 0 JO � 0 1 CEDAR) ~ r�Jul _ I x �, 1 LL O W ± N in `cc• a o x W O x U m I x d gi 1 I - X0 I x . a I Cr I I I ND N J x d l (5..‹, 280 f I N U) r c� a I I x o x N X I I OJ I A i N a N on -O N SHEET o 2 i,_- u_ OF a 7 6 z LU W 0 10' 0 5' 10' 20' N iii w CO SCALE: 1" = 10' Z Q 11"X17" Q 1" = 20' Z O Z 0 Q C N CC `� _ _ NmC) 0O is, J J Q II U ,..0- erCC Q 0 < 2 0 W CL H 0 (Ni I— r I TL 200 LEGEND H _ 77 _- - PROPERTY UNE I ADJACENT/ADJOINING LOT UNE 1 140' I I - 10' CENTER LINE ROW H 'I —y PRIVATE STORM f — — — SET BACK LINE CL S88'21'45'E 190.83' EASEMENT 107.23' — — _ _ _ PROPOSED 20' UTILITY I _ _ TL 3701 10' & ACCESS EASEMENT— -----83.60' — — I— — I I CC 1 I I Q I I I ___II Z 20' I III I I J — — -_ _ _ _ _ _ _ _ _ I w in I I 0 w I wI ZI I I I ZONEI ' I - - EXISOING 15' R-4.5 44 I SEWER —H Q I 20' I DAPCEL 1 I 21 I EASEMENT SETBACKS 9,642 SF I 15' �I 10' I PARCEL 2 I- 0 CO 7,510 SF I 10' I3 FRONT: 20 FT. REAR: 15 FT. z 0 IfN IN- CC I SIDE: 5 FT. 05 10 FT. (FLAG LOT) I 1 I o a o `) a — _ _ 0 001 2 0 _ I I 0 TL 3600 0 Q O i o I — I 15' I D O 5 107.34' I � �co eo n � o � N N88'20'38 .82' 83.48' o Yw N ° o � v0i O O ^ 0 cr 7) CO I J P-mZ o F I � i L� � O w Q d O MTL 4100 w in in t a cogiI to TL 3500 N N o I a CD U, a SHEET 3 L, OF F H 6 0 w 0 .. X vi - X° Iai / 1 DE-7" I I x x 10' 0 5' 10' 20' _ N � . � \ LU m ° x \ \ / T �(ZE 12" I SCALE: 1" = 10' Z < No ` ✓ d `a I I X r 11"X17" @ 1" = 20' Z 0 Z C I i �/ a XG XG XG XG X XG I \ DE 18" 1 N ` r o i J \ DE 6" 260 Q � O `J x a �p� / N I— o 11 CO X r N LL1 in X 30' / ` ' MATC_ LINE P z Q CC a N a Ia VISION CLEARANCE AREA \ SEE BEL' FO CONTI ATION 0- ~ CC No I xw xw 1 X xw—] ( TL 200 N. 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V� : IIcn _ _ BOUNDARYLINE PROPOSED WA � 30 R16' 1 ` \ ADJACENT/ADJOINING LOT LINE A METER FOR PARCEL2x XOH O 1S \ PROPOSED FLOW x - CENTER LINE ROW x a— XOH X*1 • , OH XOH a —XOH XQ� / \ THROUGH PLANTER FOR PROPOSED SANITARY Z I \ — —104— — EXISTING 1' CONTOUR LINE >1 ' 5 a O PARCEL 2 AND SHARED LATERAL FOR PARCEL 2 x x 4 — — / \ I \ \ ACCESS DRIVEWAY II X — —105-- — EXISTING 5' CONTOUR LINE a X \ O \ ` V❑ O EXISTING SANITARY SEWER MANHOLECE LI- I o/ \ I � � � Q QLi ° / ISO \ \ \ \ \ X ❑w EXISTING WATER METER Z \ I iN \ \� a I \ \ \ I \ 0 EXISTING WATER METER _ a I a 1-(24” ` I U EXISTING MAILBOX �_ J_ x w \ �' GRAND \ \.---- co J `_ 4 FIR) CO EXISTING ELECTRIC METER w D x 1 \ \ EXISTING 15' • i i i i i i i i i i i EXISTING WALL a (*) X PROPOSED TREE \ \ , ` EASEME T XOH EXISTING OVERHEAD LINEI W a A w xw © PROTECTION FENCE P A P C E L 1 _ '4) ,� x Li.... \ \ I �AT L — \ I xSS EXISTING SANITARY SEWER LINE Cn x EXISTING POND a I X X EXISTING GAS LINE ' im \ a I \ \ X Xw EXISTING WATER LINE ❑ EXISTING FENCELINE x x \ / \ \ I I ., I u) / 1 I / I + PROPOSED SANITARY LATERAL 1 ] x x x 1 ''''•-•.,,...„„ / 1 ■ PROP05ED WATER METER ti dN x x 1 X0 I N \\I I 270 z X IN �, 1 I 1 x re X ' uy� A _ TL ii00 a0C-- PROPOSED STR T TREE ° N0 ! -._. , 1 W 11- 14 12' — — — — 19-(26" 7 I A ri.,__ ��t■��i■■��u�■�■■t�■■■■■■.■.. 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X z X \ \ PARC` 2 - - - - - - \ - - - - Z x EXISTING POND \ x I o di N co a. f n I Z w O \' � / X \ \ x \ I .5 a \ \N o \ r xCC W o x x I 4 i \ I l Xco ° I cn I d I I NN, \ I 270 o a X va IN a 4 x O X X ��A Z OSI I li 00 I XV O ( _ 11-(14",12" 14-(12" — — — — TED - 19-(26"I \ • c1111111111111 iiii11iiiiiiii . li • Glliilimi : iii • ! 1 _ l ! Ii 11111111111111111111111111111111 WESTERN / I ox -W€ I1tRN - O i9-(36' WES ERN WESTERN�' I .. REDCEDAR) 16-(36" SWEET (28" WESTERNRE '— NxAtcX ° ❑ ❑ ❑ ,. ❑ ❑ ❑ a ❑ ❑ ❑ RED CEDAR RED CE-eaDAR x V1rn °1/ �' � ❑ mac• ) CH Y) CEDAR) CEDAR) x 4 O t{t — — � s I ���� �� ❑ �1► ❑ S I l� n D O co,tI N x X 5-(24° 6-0 8" 7-(12°,10",9",6" 8-(28" WESTERN 10-(12" 12" ' 2 t — x JMa ° o n 4-(24" WESTERN O DOUGLAS RED CEDAR a , \ 3-(20" BIG RED CEDAR) FIR) SWEET WESTERN RED WESTERN 15-(24" WESTERN18-(26" BIG 2�=(18� o\ x CEDAR) RED CEDAR) RED CEDAR) LEAF MAPLE) WESTERN 1274 m z o 0 It X / / \ d ° \ LEAF MAPLE} CHERRY) RED ~ -I-- o 1 Qp LD-- �" I _ CEDAR) I F)< \i o W = N Q x X TL 4100 - 7 m caup o I ALJI—JAI d i I x a — I . Co X 3 I I la X q 4 • ° I I X d _f8p TLi3500 i x I I n r_ li X I ° I X O N 06n t N a m t a, SHEET i a 5 L, u_ OF 7 6 inZ L., 0 10' 0 5' 10' 20' 4i\ .��� w CO SCALE: 1" = 10' D Z Q 11"X17" @ 1" = 20' Z O Z LLJO�R O I Et DE-8,, E 8" ' z _...r. CC � CC - x i 1/0 a X X DE 8° I - N O -I IIC \ CC al I DE 7" I: x w X f U a 1 X X i WCCcQ � Q \ �QE 12° O Q^L H G C� ° X X Ir, - / x O 1 cn a -xG xc xc xG x xc J ` DE 18"0 O N x 1 I \ DE 6" 260 J— II 1-- , ~ I a o P X 4 N / \ I 4 X �X—xw xw I X ° X-W �o� / TL 200 \ \ CE 6" \ I 0 X LEGEND _ (� \ \ DE-878" - - BOUNDARY LINE L x 1 \ a f N � \ \ \ , \ \ I - - ADJACENT/ADJOINING LOT LINE X ad J a \ I -10' x - CENTER LINE ROW Z co I x / ° fa b a ><0 x /��' ° :It __�_ 4/ � \ a STORM - �p� - EXISTING 1' CONTOUR LINE 0 4 x a a I ° ° - 4-� / \�� __� a \ ti I EASEMENT - -1p5-- - EXISTING 5' CONTOUR LINE Io � a 4 l 4 4 --'7. -._� PRQP0 D 20' UTILITY- I TL 370E Q X 4 X �o�/ x ^ n o O ° a 4 a -� L \ ` 1 � ° / a °° 4,\\ \ ACCESS EASEMENT - - - I- •..- E I O ` I N. I EXISTING SANITARY SEWER MANHOLE ih. ` ` ` ' __ ❑w EXISTING WATER METER C 7 /-9,87r ULx WJa O ` �� \ I ` ( ® EXISTING WATER METER x _��� X 2j� 2 J ~ ~ I EXISTING MAILBOX Co a IOUG R16' C il / ( O M i \ ` X © EXISTING ELECTRIC METER CC a x xf IJJ a —XOH X�1 XOH XCH XOH XOH Xe. •H xoH/ \ t t t t I EXISTING WALL x I 4I I O ( \ \ ( v XOH EXISTING OVERHEAD LINE x 4 _ _ / N i� N \ x XSS EXISTING SANITARY SEWER LINECC o w a Nu' \, O \ �` / ------ 0�� I ( XG xG-M EXISTING GAS LINE H d I x a ---„, 13 18" EXISTING-TR-EE, �O OCURLY TO BE REMOVED N i j'----- , n ‘i J ix\ \ \ w a / � \ \ \ P A C E L 1 \ I WILLOW) (TYP) \ XW EXISTING WATER LINE *0, ❑ EXISTING FENCELIKE a ,/co z. x a GRAND x W \ l' GRAND ` - - - - - \ ( 21-(26" X + PROPOSED SANITARY LATERAL co a FIR) APPLE) o x X I \ ill \ EXISTING 15' • PROP05ED WATER METER X PROPOSED TREE \ \ 12-(9, N SEWEf�„ -�I ° a Q w X © PROTECTION FENCE iiiiii ( MOUNTAIN ,_ EASEME�F! 4 _ _ _ - _r 1 x w Z ` \ EXISTING POND \ I ASH) PARCH 2 \ J rt x C a C ` N. x (n U O_ I \ U) LU 0 N X J ` I I � X 11,111111111 \ / IdI I VI 3Irr I \ l� X pi x A I \ N 270 ¢ a Nu) I o a \ a \ 2 1 ( N c:1 0 �` x >Q I X Z of N X " \ 4 PROP05ED STREET TREE ❑ \ o i \ --._ ___ L .4 X \ a° TL00 o 0 i CI 1111111 11 1111111 i ' i1 . illilliii iii17 : 11 : . 1 ! ! ! 1 ! ! ! 1 _ tlllllllllll 11111111111111111111 WESTERN2'I \ ---- WESTERN 19-(26" \ / 4 C xcr) 14-02" -W€S RN 1 �� 1_ o c� 3 16 36" SWEET 17 28' WESTERN uvi N x a ° ❑ ❑ �❑ ❑ 0 ❑ ❑ ❑ 0 ❑ :::pork; SREDCEDAR) ERN CH x VO CD c a RED CEDAR) ( ( RED 4.116 `� ❑ ED CEDAR) CEDAR) L)/ ANI A IF- ( 6 (18" 7 (12 ,10 ,9 ,6 8 (28 WESTERN 10 (12 ,12 X o r d 4-(24" WESTERN O DOUGLAS RED CEDAR �j �� a \ 3 (20" BIG RED CEDAR) FIR) SWEET WESTERN RED ) WESTERN 15-(24" WESTERN 18 (26" BIG 2�'(18� lour .y O o �--. o \ / x a \ I LEAF MAPLE) CHERRY) CEDAR) RED CEDAR) RED CEDAR) LEAF MAPLE) WESTERN 274 U u cil CC _ "� o ul X , -I ` RED ~ I� ` Z TIE o 1 CEDAR) Mk 12 r�Jul _ I x O W = N C� Q d O x X TL 4100 Tn m o I I I CCI Nx •. a a I I TL3500I28� X1 Ndlxcx xI na IIi II x ooa0 N a Q CI) -o 4) SHEETo a 6 L ,_ OF a 7 6 z W 0 ELMWOOD ST I I LIILA Lisi_l ��, Zoning Map lPPM 6CP (36C ‘". Generalized Zoning Categories ories &NI 17— -W n R-4.5 ATTACHMENT 2 a v BARggR. z • r Zoning Description 1 _ IIMI r MIII— AIP� Residential � Mixed Use Residential R-4.5 -P G- a1 ��� . A A / III-Z- Mixed Use Central Business District Z HI-grAZ 1r:J.74.t,,ri4 W a :' ... o e le 'r _> A.VAN. •Commercial tt 3 �� I �4d//4, /la ��� 4 _ .Mixed Use Employment " ��� _ Industrial _ RED CEDAR Q-4.5 (PD) . I . a �A WAY E Parks and Recreation m G � IIIIIIIIIIIIIMWllie �Washington County Zoning Z ,^a � Overlay Zones U ST W II / r 1 I • . i • Historic District Overlay O•rD a NA �R .S `�//jj/// Planned Development Overlay R-4,:5 P D 17. ( ) W �r /rr ]\ Subject Site AxA���. 'g% /� =j L\CUST ST F, ui x W 0 v0)Q r. P- Or � I R-,4.5 (SPD), Map printed at 07:51 AM on 22-Nov-17 : W Cr Information on this map is for general location only and should be verified with the W M A P L E L EA F ST > ( \ a = Development Services Di sion. Q .Q IN > I DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY, LA N N LETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITU OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR al I.TIMELINESS OR -- � �7 0 INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. N R-4.5 II toW El , Q COMMUNITY DEVELOPMENT DEPARTMENT 111111 J�� _ F – I gi City Tigard, Tigard l H i) 13125 SW Hall Blvd Feet ttO �'� r1'+�A pJ 03 639-4171 OR 23 ;' 0 ,1 334 OAK ST ��l www.tigard-Dcgov I � II I 70— 411 ' T--1-7I TIGARD ATTACHMENT 3 MEMORANDUM CITY OF TIGARD,OREGON DATE: December 4,2017 TO: Lina Smith,Assistant Planner FROM: Khoi Le,Principal Engineer PROJECT: MLP2017-00008 NEWEL PARTITION 18705.030. General Provision 18.705.30.H.Access Management 1.An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT,Washington County,the City and AASHTO (depending on jurisdiction of facility) The proposed development is a 2-lot partition and a traffic impact study is not required. Both lots will take access from SW 72nd Ave,a Local Street. The Applicant does not include Preliminary Sight Distance Certification for the existing and proposed driveway approached. Prior to commencing of site improvements,submit to the Engineering Division as part of the Public Facility Improvement(PFI) Permit the Preliminary Sight Distance Certification for both driveway approaches for review and approval. Prior to final plat approval, submit to the Engineering Division the Final Sight Distance Certification for of the driveway on the existing parcel (parcel 1) for review and approval. Prior to final building inspection,the Applicant shall submit to the Engineering Division the Final Sight Distance Certification of the driveway on the newly created parcel (parcel 2) for review and approval. 2.Driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet,measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage,the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical,the driveway shall be placed as far from the intersection as possible. 3.The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. ENGINEERING COMMENTS PAGE 1 4.The minimum spacing of local streets along a local street shall be 125 feet. The Applicant is proposing a 2-lot partition,which will take access from SW 72nd Ave,a Local Street via the existing and proposed driveways. Both the existing and proposed driveways are more than 150 feet from the nearest streets in both directions. 18.810.030 Streets A. Improvements. 1. No development shall occur unless the development has frontage or approved access to a public street. 2. No development shall occur unless streets within the development meet the standards of this chapter. 3. No development shall occur unless the streets adjacent to the development meet the standards of this chapter,provided,however,that a development may be approved if the adjacent street does not meet the standards but half-street improvements meeting the standards of this title are constructed adjacent to the development. 4. Any new street or additional street width planned as a portion of an existing street shall meet the standards of this chapter. The proposed development has frontage and access to SW 72nd Ave,a public street. The proposed development does not propose any streets within the development. No new street or additional street is proposed. City record indicates that the existing right of way along proposed development matches the right of way showing on the Partition Plat no. 1991-029,a 30-right of way from centerline. Currently, SW 72nd Ave along the proposed development is fully improved with two-way travel lanes as well as curb,and curb tight sidewalk on both sides of the street. The right of way and street facilities meet and exceed the Local Street cross section as indicated in the figure 18.810.04 in the Tigard Community Development Code (TCD). 5. If the city could and would otherwise require the applicant to provide street improvements, the city engineer may accept a future improvements guarantee in lieu of street improvements if one or more of the following condition exist: a. A partial improvement is not feasible due to the inability to achieve proper design standards; b. A partial improvement may create a potential safety hazard to motorist or pedestrians; c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not,by itself,provide a significant improvement to street safety or capacity; d. The improvement would be in conflict with an adopted capital improvement plan; e. The improvement is associated with an approved land partition on property zoned residential and proposed land partition does not create any new streets;or f. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street. ENGINEERING COMMENTS PAGE 2 The current right of way is in accordance with the required right of way of the Local Street. The existing street is fully improved with two-way travel anes as well as curb and curb tight sidewalk on both sides of the street. Additional street improvement is not proposed or deemed necessary. B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the approval of a final subdivision plat or major partition;however,the council may approve the creation of a street by acceptance of a deed,provided that such street is deemed essential by the council for the purpose of general traffic condition. 1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present: a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation,and partitioning or subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use;or b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions. c. The street is located within the downtown mixed use central business district and has been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation System Plan as a required connectivity improvement. 2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards,the proposed dedication shall be made a condition of subdivision and major partition approval. a. The applicant shall submit such additional and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made. b. The recommendation,if any,shall be based upon a finding that the proposal is not in conflict with the purpose of this title. c. The commission in submitting the proposal with a recommendation to the council may attach conditions which area necessary to preserve the standards of this title. 3. All deeds of dedication shall be in a form prescribed by the city and shall name"the public" as grantee. No creation of right of way is proposed or deemed necessary. C. Creation of access easement. The approval authority may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can be created. 1. Access easements shall be provided and maintained in accordance with the Uniform Fire Code,Section 10.207. 2. Access shall be in accordance with 18.705.030.H and I. A 20-foot access easement is proposed along the north property line of the proposed development and over both the proposed development(IL 1S136AB00201) and the adjacent property to the north(TL 1 S136AB00200) ENGINEERING COMMENTS PAGE 3 The site plan indicates a 10-foot hard surface driveway is proposed to serve the newly created parcel (Parcel 2). Although meeting the vehicular access/egress requirements per Table 18.705.1,the proposed driveway will be limited to serve one or two dwelling units. When three or more dwelling units access the easement,the transportation facility within the easement shall be constructed in accordance with private street standards having 20-foot pavement and 5-foot curb tight sidewalk on at least one side of the street. A shared access and utility easement shall be recorded prior to commencing site improvements. Parcel 1 of the proposed development will be prohibited from taking access from the proposed private driveway. A non-access easement shall be required and recorded on the final plat. D. Street location,width and grade. Except as noted below,the location,width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets,to topographic conditions,to public convenience and safety,and in their appropriate relation to the purposed use of the land to be served by such streets: 1. Street grades shall be approved by the city engineer in accordance with subsection N of this section;and No new street is proposed or deemed necessary. The proposed development will take access from SW 72nd Ave. The existing street grade is less than ten percent and meets current design standards. 2. Where the location of a street is not shown in an approved street plan,the arrangement of streets in a development shall either: a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas,or b. Conform to a plan adopted by the commission,if it is impractical to conform to existing street pattern because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served,the volume of traffic,the capacity of adjoining streets and the need for public convenience and safety. The Applicant's site plans show SW 72nd Ave. This standard is met. E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved street plan,or as needed to continue an existing improved street or within the Downtown District, street right-of-way and roadway widths shall not be less than the minimum width described below.Where a range is indicated,the width shall be determined by the decision- making authority based upon anticipated average daily traffic (ADT) on the new street segment. (The City Council may adopt by resolution, design standards for street construction and other public improvements.The design standards will provide guidance for determining improvement requirements within the specified ranges.)These are presented in Table 18.810.1 1. The decision-making body shall make its decision about desired right-of-way width and pavement width of the various street types within the subdivision or development after consideration of the following: a. The type of road as set forth in the comprehensive plan transportation chapter- functional street classification. b. Anticipated traffic generation. c. On-street parking needs. d. Sidewalk and bikeway requirements. ENGINEERING COMMENTS PAGE 4 e. Requirements for placement of utilities. f. Street lighting. g. Drainage and slope impacts. h. Street tree location. i. Planting and landscape areas. j. Safety and comfort for motorists,bicyclists,and pedestrians. k. Access needs for emergency vehicles. The Applicant's site plans show that the street improvement along the proposed development frontage on SW 72nd Ave consists of 30 feet of right of way dedication from centerline;16 feet of pavement from centerline,curb,five-foot sidewalk and six-foot planter. The proposed street cross section exceeds the Local Street as indicated on Figure 18.810.04 of the TDC. This standard is met. F. Future street plan and extension of streets. 1.A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition.The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 530 feet surrounding and adjacent to the proposed land division.At the applicant's request, the city may prepare a future streets proposal.Costs of the city preparing a future streets proposal shall be reimbursed for the time involved.A street proposal may be modified when subsequent subdivision proposals are submitted. No future street or street extension is proposed or deemed necessary. b. b. Identify existing or proposed bus routes,pullouts or other transit facilities,bicycle routes and pedestrian facilities on or within 530 feet of the site. The proposed development is adjacent to SW 72nd Ave,which is not a bus route. This standard is not applicable. 2.Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed, and a. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sac since they are intended to continue as through streets at such time as the adjoining property is developed. b. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the city engineer,the cost of which shall be included in the street construction cost. c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be constructed for stub street in excess of 150 feet in length. No stubbed street is proposed or deemed necessary. This standard is not applicable. H. Street alignment and connections. 1. Full street connections with spacing of no more than 530 feet between connections is required except where prevented by barriers such as topography,railroads,freeways,pre- existing developments,lease provisions, easements, covenants or other restrictions existing prior to May 1,1995 which preclude street connections.A full street connection may also be exempted due to a regulated water feature if regulations would not permit construction. 2.All local,neighborhood routes and collector streets which abut a development site shall be extended within the site to provide through circulation when not precluded by ENGINEERING COMMENTS PAGE 5 environmental or topographical constraints,existing development patterns or strict adherence to other standards in this code.A street connection or extension is considered precluded when it is not possible to redesign or reconfigure the street pattern to provide required extensions. Land is considered topographically constrained if the slope is greater than 15%for a distance of 250 feet or more. In the case of environmental or topographical constraints,the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. 3.Proposed street or street extensions shall be located to provide direct access to existing or planned transit stops, commercial services, and other neighborhood facilities, such as schools, shopping areas and parks. 4.All developments should provide an internal network of connecting streets that provide short,direct travel routes and minimize travel distances within the development. The proposed development is a 2-lot partition and a traffic impact study is not required. Both lots will take access from SW 72nd Ave. No new street or street extension is proposed or deemed necessary. This standard is not applicable. L. Cul-de-sac No cul-de-sac is proposed or deemed necessary. This standard is not applicable. M. Street name. No street name shall be used which will duplicate or be confused with the names of existing streets in Washington County,except for extensions of existing streets. Street names and numbers shall conform to the established pattern in the surrounding area and as approved by the city engineer. No new street or street extension is proposed or deemed necessary. This standard is not applicable. N. Grades and curves. 1. Grades shall not exceed 10%on arterials,12%on collector streets, or 12%on any other street(except that local or residential access streets may have segments with grades up to 15%for distances of no greater than 250 feet); and 2. Centerline radii of curves shall be as determined by the city engineer. Street grade on SW 72nd Ave remains unchanged. 0. Curbs,curb cuts,ramps,and driveway approaches. Concrete curbs,curb cuts,wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080,and: 1. Concrete curbs and driveway approaches are required;except: 2. Where no sidewalk is planned,an asphalt approach may be constructed with city engineer approval;and 3. Asphalt and concrete driveway approaches to the property line shall be built to city configuration standards. Curbs,curb cuts,ramps,and driveway approaches are shown on the submitted site plans. P. Street adjacent to railroad right-of-way. ENGINEERING COMMENTS PAGE 6 The proposed development is not adjacent to a railroad right-of-way. This standard is not applicable. Q.Access to arterials and collectors.Where a development abuts or is traversed by an existing or proposed arterial or collector street,the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible,the design shall minimize the traffic conflicts. The design shall include any of the following: 1.A parallel access street along the arterial or collector; 2. Lots of suitable depth abutting the arterial or collector to provide adequate buffering with frontage along another street; 3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or collector; or 4. Other treatment suitable to meet the objectives of this subsection; 5. If a lot has access to two streets with different classifications,primary access should be from the lower classification street. The proposed development abuts SW 72nd Ave,a Local Street. This standard is met. R. Alleys,public or private. The proposed development does not propose any alleys,public or private. This standard is not applicable. S. Survey monuments. Upon completion of a street improvement and prior to acceptance by the city,it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be reestablished and protected. No new street is proposed or deemed necessary. This standard is not applicable. T.Private streets. 1. Design standards for private streets shall be established by the city engineer;and 2.The city shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. 3.Private streets serving more than six dwelling units are permitted only within planned developments,mobile home parks, and multi-family residential developments. No private street is proposed or deemed necessary. The standard is not applicable. U. Railroad Crossing. The proposed development is not adjacent to any railroad crossing. This standard is not applicable. V. Street Signs. The city shall install all street signs,relative to traffic control and street names, as specified by the city engineer for any development. The cost of signs shall be the responsibility of the developer. No new street is proposed or deemed necessary. This standard is not applicable. W. Mail Boxes.Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units. ENGINEERING COMMENTS PAGE 7 1. Joint mailbox structures shall be placed adjacent to road curbs; 2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat or development plan, and shall be approved by the city engineer/U.S.post office prior to final plan approval; and 3. Plans for the joint mailbox structures to be used shall be submitted for approval by the city engineer/U.S.post office prior to final approval. No new mailbox is shown on the site plans. Prior to commencing site improvements,proposed mailboxes shall be shown on the site plans for Engineering's review and approval. X. Traffic Signal. The location of traffic signals shall be noted on approval street plans. Where a proposed street intersection will result in an immediate need for a traffic signal, a signal meeting approval specifications shall be installed. The cost shall be included as a condition of development. No traffic signal is required. This standard is not applicable. Z. Street name signs. Street name signs shall be installed at all street intersections. Stop signs and other signs may be required. No new street is proposed or deemed necessary. This standard is not applicable. AA. Street cross-section. The final lift of asphalt concrete pavement shall be placed on all new constructed public roadways prior to final city acceptance of the roadway and within one year of the conditional acceptance of the roadway unless otherwise approved by the city engineer. The final lift shall also be placed no later than when 90%of the structures in the new development are completed or three years from the commencement of initial construction of the development,whichever is less. 1. Sub-base and leveling course shall be of select crushed rock; 2. Surface material shall be of Class C or B asphalt concrete; 3. The final lift shall be place on all new construction roadways prior to final city acceptance of the roadway;however,no before 90%of the structures in the new development are completed unless three years have elapsed since initiation of construction in the development.; 4. The final lift shall be Class C asphalt concrete as defined by A.P.W.A. standards specifications;and 5. No lift shall be less than 1-1/2 inches in thickness. No street improvement is proposed or deemed necessary. This standard is met. BB. Traffic calming. When,in the opinion of the city engineer,the proposed development will create negative traffic condition on existing neighborhood streets, such as excessive speeding,the developer may be required to provide traffic calming measures. These measures may be required within the development and/or offsite as deemed appropriate. As an alternative,the developer may be required to deposit funds with the city to help pay for traffic calming measures that become necessary once the development is occupied and the city engineer will determine the amount of funds required, and will collect said funds from the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision, prior to the approval of the final plat. The funds will be held by the city for a period of five years from the date of issuance of certificate of occupancy, or in the case of a subdivision, ENGINEERING COMMENTS PAGE 8 the date of final plat approval. Any funds not used by the city within the five-year time period will be refunded to the developer. No traffic calming measures are proposed or deemed necessary. The standard is not applicable. CC. Traffic Study. 1. A traffic study shall be required for all new or expanded uses or developments under any of the following circumstances: a. When they generate a 10%or greater increase in existing traffic to high collision intersections identified by Washington County. b. Trip generation from development onto the city street at the point of access and the existing ADT fall within th following ranges: Existing ADT ADT to be added by development 0-3000 vpd 2,000 vpd 3,001-6,000 vpd 1,000 vpd >6,000 vpd 500 vpd or more c. If any of the following issues become evident to the city engineer: i. High traffic volumes on the adjacent roadway that may affect movement into or out of the site. ii. Lack of existing left-turn lanes onto the adjacent roadway at the prosed access drive(s). iii. Inadequate horizontal or vertical sight distance at access points. iv. The proximity of the proposed access to other existing drives or intersections is a potential hazard. v. The proposal requires a conditional use permit or involves a drive through operation. vi. The proposed development may result in excessive traffic volumes on adjacent local streets. 2. In addition, a traffic study may be required for all new or expanded uses or developments under any of the following circumstances: a. When the site is within 500 feet of an ODOT facilities; and/or b. Trip generation from a development adds 300 or more vehicle trips per day to an ODOT facility; and/or c. Trip generation from a development adds 50 or more peak hour trips to an ODOT facility. A Traffic Impact Study is not required. 18.810.050 Easements A. Easements. Easements for sewers,drainage,water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a development is traversed by a watercourse or drainage way,there shall be provided a stormwater easement or drainage right-of-way conforming substantial with the lines of the watercourse. The proposed development is not traversed by a watercourse or drainage way. This standard is not applicable. ENGINEERING COMMENTS PAGE 9 B. Utility Easements. A property owner proposing a development shall make arrangement with the city, the applicable district, and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. The city's standard width for public main line utility easements shall be 15 feet unless otherwise specified by the utility company, applicable district, or city engineer. The Applicant's site plans do not show a public utility easement along the proposed development frontage on SW 72nd Ave. An eight-foot Public Utility Easement (PUE) is required. No other easements are proposed or deemed necessary. An eight-foot PUE shall be recorded as part of the final plat. 18.810.70 Sidewalk. A.All industrial streets and private streets shall have sidewalks meeting city standards along at least one side of the street. All other streets shall have sidewalks meeting the city standards along both sides of the street. A development may be approved if an adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the other side of the street. No industrial or private streets are proposed. There is existing sidewalk along the proposed development's frontage on SW 72nd Ave. This standard is met. B. Requirement of developers. 1. As part of any development proposal,or change in use resulting in an additional 1,000 vehicle trips or more per day, an applicant shall be required to identify direct,safe (1.25 x the straight line distance)pedestrian route within 1/2 mile of their site to all transit facilities and neighborhood activity centers (schools,parks,libraries, etc.). In addition,the developer may be required to participate in the removal of any gaps in the pedestrian system off-site if justified by the development. 2. If there is an existing sidewalk on the same side of the street as the development within 300 feet of a development site in either direction,the sidewalk shall be extended from the site to meet the existing sidewalk, subject to rough proportionality (even if the sidewalk does not serve a neighborhood activity center). There is no sidewalk gap within 300 feet in either direction of the proposed development. C. Planter strip requirements. A planter strip separation of at least five feet between the curb and the sidewalk shall be required in the design of streets, except where the following conditions exist: There is inadequate right-of-way;the curbside sidewalks already exist on predominant portions of the street;it would conflict with utilities;there are significant natural features (large trees,water features, significant habitat areas, etc.) that would be destroyed if the sidewalk were located as required;or where there are existing structures in close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify otherwise. Additional consideration of exempting the planter strip requirement may be given on a case-by-case basis if a property abuts more than one street frontage. There are existing curb tight sidewalk and six-foot planter behind the sidewalk along the proposed development's frontage on SW 72nd Ave. A planter strip is required behind the curb except,in this case; curb tight sidewalk already exists on predominant port of the street. This standard is met. D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the adjacent property owner. ENGINEERING COMMENTS PAGE 10 The Applicant should understand it is their obligation to continue maintaining the adjacent sidewalks, curbs and planter strips. 18.810.090 Sanitary Sewers A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. B. Sewer plan approval.The city engineer shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service. C. Over-sizing. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan. D. Permit Denied. Development permits may be restricted by the commission or hearing officer where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. The Applicant's narrative indicates that a sanitary sewer lateral is proposed for the newly created parcel(Parcel 2). The lateral is shown to be connecting to the existing public sanitary sewer main located along the back of the development. No over-sizing of the sewer is proposed or deemed necessary. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the Public Facilities Improvement(PFI) Permit showing the location of the existing sanitary sewer main and associated service laterals to Engineering for review and approval. Service laterals and connections shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. Prior to Final Plat Approval,all service laterals shall be constructed,completed,and/or satisfied. A.810.100 Storm Drainage A. General provisions.The director and city engineer shall issue a development permit only where adequate provisions for stormwater and floodwater runoff have been made, and: 1. The storm water drainage system shall be separate and independent of any sanitary sewerage system; The Applicant's site plans show the existing public storm drainage system and existing sanitary sewer main are separate and independent from one another. 2. Where possible,inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street; and The Applicant's site plans show that onsite storm improvements are proposed. A private inlet is proposed at the end of the proposed driveway. A Low Impact Development Approach (LIDA) facility is proposed to collect and treat run-off from both the proposed driveway and new impervious on Parcel 2 prior to discharging to the existing pubic storm main located north of the development. No change will be made to the existing street along the proposed development frontage on SW 72nd Ave. Surface water is not carried across any intersection or allowed to flood any street. 3. Surface water drainage patterns shall be shown on every development proposal plan. ENGINEERING COMMENTS PAGE 11 A grading plan was submitted showing contours associated with the proposed street and parcels. The Applicant's site plans also included the proposed storm lateral indicating how surface water drainage patterns will be after development. B. Easement. Where a development is traversed by a watercourse,drainageway,channel or stream,there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance. The proposed development is not traversed by a watercourse,drainageway,channel or stream. The Applicant proposes a 10-foot private drainage easement along the south property line of TL 1S136AB00200 for conveying storm run-off from the proposed development. This standard is met. The 10-foot private storm easement shall be recorded prior to commencing site improvements. C.Accommodation of upstream drainage.A culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area,whether inside or outside the development, and the city engineer shall approve the necessary size of the facility,based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). There is no upstream basin that flows across the proposed development. This standard is not applicable. D.Effect on downstream drainage.Where it is anticipated by the city engineer that the additional runoff resulting from the development will overload an existing drainage facility, the director and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management(as adopted by the Unified Sewerage Agency in 1996 and including any future revisions or amendments). The Applicant's site plans show that a LIDA facility is proposed on new parcel. In addition,the Applicant also submitted a preliminary storm report showing the calculations and sizing of the LIDA facility. The existing house currently lacks of both water quality and detention. Water quality will be required per CleanWater Services (CWS) Design and Construction Standards. The preliminary storm report also addressed downstream drainage. No inefficiency is found downstream of the proposed development site. However,the City of Tigard requires detention is provided when development site is located with the Fannon Creek Basin. When detention facility is impractical to be provided,a fee in lieu of constructing the facility can be requested. If the request is approved,the fee will be assessed in accordance with the current Master Fee Schedule. Prior to commencing of site improvement, submit site plans showing LIDA facilities are provided on both Parcel 1 and Parcel 2. Prior to commencing site improvements,submit a final storm drainage report indicating that the proposed LIDA facilities are sized appropriately to Engineering Division for review and approval. The storm drainage report shall be prepared and include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines for the facilities. The report must be reviewed and approved by the city. 18.810.110 Bikeways and Pedestrian Pathways ENGINEERING COMMENTS PAGE 12 A. Bikeway extension. 1. As a standard,bike lanes shall be required along all arterial and collector routes and where identified on the city's adopted bicycle plan in the transportation system plan(TSP). Bike lane requirements along collectors within the downtown urban renewal district shall be determined by the city engineer unless specified in Table 18.810.1. 2. Developments adjoining proposed bikeways identified on the city's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way,provided such dedication is directly related to and roughly proportional to the impact of the development. 3. Any new street improvement project shall include bicycle lanes as required in this document and on the adopted bicycle plan. SW 72nd Ave is not a bike route. This standard is not applicable. 18.810.120 Utilities A.Underground utilities.All utility lines including,but not limited to those required for electric,communication,lighting and cable television services and related facilities shall be placed underground,except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground,temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above, and: 1.The developer shall make all necessary arrangements with the serving utility to provide the underground services; 2. The city reserves the right to approve location of all surface mounted facilities; 3.All underground utilities,including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and 4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. B. Information on development plans. The applicant for a development shall show on the development plan or in the explanatory information,easements for all underground facilities, and: 1. Plans showing the location of all underground facilities as described herein shall be submitted to the city engineer for review and approval; 2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct vision clearance areas for vehicular traffic. C. Exception to undergrounding requirement. 1.The developer shall pay a fee in-lieu of undergrounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of undergrounding in conjunction with the development.The determination shall be on a case-by-case basis.The most common,but not the only, such situation is a short frontage development for which undergrounding would result in the placement of additional poles,rather than the removal of above-ground utilities facilities. 2.An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay the fee in-lieu of undergrounding. 3.Properties within the CBD zoning district shall be exempt from the requirements for undergrounding of utility lines and from the fee in-lieu of undergrounding. 4. The exceptions in paragraphs 1 through 3 of this subsection C shall apply only to existing utility lines.All new utility lines shall be placed underground. ENGINEERING COMMENTS PAGE 13 D. Fee in-lieu of undergrounding. 1.The city engineer shall establish utility service areas in the city.All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities,unless exempted by this code. 2.The city engineer shall establish the fee by utility service area which shall be determined based upon the estimated cost to underground utilities within each service area. The total estimated cost for undergrounding in a service area shall be allocated on a front-foot basis to each party within the service area.The fee due from any developer shall be calculated based on a front-foot basis. 3.A developer shall receive a credit against the fee for costs incurred in the undergrounding of existing overhead utilities.The city engineer shall determine the amount of the credit, after review of cost information submitted by the applicant with the request for credit. 4.The funds collected in each service area shall be used for undergrounding utilities within the city at large. The city engineer shall prepare and maintain a list of proposed undergrounding projects which may be funded with the fees collected by the city.The list shall indicate the estimated timing and cost of each project.The list shall be submitted to the city council for their review and approval annually. There are existing overhead utilities located on the opposite side the right of way from the frontage of the proposed development on SW 72nd Ave. The Applicant shall pay a fee in lieu of undergrounding. The existing house is currently served by overhead utilities. The Applicant shall place all existing overhead utilities serving the existing house underground. Prior to commencing of site improvements,the applicant shall pay a fee in-lieu of undergrounding. The fee shall be calculated based on unit price per lineal foot as indicated on the City Master Fee Schedule. Prior to final plat,all existing overhead utilities serving the existing house shall be placed underground. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Traffic Study: A traffic impact study is not required. Private Drive: When three or more dwelling units access the easement,the transportation facility within the easement shall be constructed in accordance to private street standards with 20-foot pavement and 5- foot curb tight sidewalk on at least one side of the street. When two dwelling units accessing the private drive,the hard surface and inlet located within the private drive shall be maintained by the property owners who are directly adjacent to it. A maintenance agreement will be required and recorded at Washington County Recording Division Office. Fire and Life Safety: ENGINEERING COMMENTS PAGE 14 Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire&Rescue for fire flow,hydrant placement,and emergency vehicular access and turn around. Public Water System: The public water system serving the proposed development is under Tualatin Valley Water District (TVWD) jurisdiction. Prior to commencing site improvements,the Applicant shall submit to Engineering evidence that Tualatin Valley Water District has been reviewed and approved the proposed public water facilities. Prior to final plat approval,the Applicant shall submit to Engineering evidence that Tualatin Valley Water District has inspected and accepted the proposed public water facilities. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS)Design and Construction Standards (adopted by Resolution and Order No. 00-7)which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition,a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The LIDA facility on the existing parcel (Parcel 1) shall be constructed and completed prior to final plat approval. The LIDA facility on the newly created parcel(Parcel 2) shall be constructed and completed prior to final Building inspection. When the detention requirement cannot be met,the Applicant shall pay the fee lieu of constructing the detention facility. The fee will be assessed in accordance with the current Master Fee Schedule and shall be paid at the time of Building Permit issuance. Grading and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development,construction,grading,excavating,clearing,and any other activity which accelerates erosion. Per CWS regulations,the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres,the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. For situations where the back portions of lots drain away from a street and toward adjacent lots,appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot. ENGINEERING COMMENTS PAGE 15 The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and 20 percent as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. The applicant shall obtain a grading permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Prior to final plat approval,pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. Survey Requirements: The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). No new street is proposed or deemed necessary. This requirement is not applicable. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: The applicant shall prepare a cover letter and submit it,along with any supporting documents and/or plans that address the following requirements,to the ENGINEERING DEPARTMENT, ATTN: KHOI LE at 503-718-2440. The cover letter shall clearly identify where in the submittal the required information is found: 1. All improvements associated with public infrastructures including but not limited to street, utilities,grading, stormwater,water quality and water quantity facilities,streetlights, easements,easement locations,and utility connection for future utility extensions shall be designed in accordance with the following codes and standards: • City of Tigard Public Improvement Design Standards • Clean Water Services (CWS) Design and Construction Standards • Tigard Community Development Codes,Municipal Codes • Fire Codes • Other applicable County,State,and Federal Codes and Standard Guidelines ENGINEERING COMMENTS PAGE 16 2. All improvements associated with public infrastructures including but not limited to street, utilities,grading, stormwater,water quality and water quantity facilities,streetlights, easements,easement locations,and utility connection for future utility extensions are subject to the City Engineer's review,modification,and approval. 3. Prior to commencing site improvements,a Public Facility Improvement (PFI) Permit is required for this project to cover all infrastructure work including storm water quality and water quantity facilities and any other work in the public right-of-way and public easements. Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department. An Engineering cost estimate of all public improvements including but not limited to street, street grading,utilities, stormwater quality and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of PFI Permit submittal. Engineering cost estimate of water improvement shall be listed as a separate line item from the total cost estimate. NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. PFI Permit Plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web page(www.tigard-or.gov). 4. Prior to commencing site improvements,submittal of the exact legal name,address and telephone number of the individual or corporate entity who will be designated as the "Permittee",and who will provide the financial assurance for the public improvements. For example,specify if the entity is a corporation,limited partnership,LLC,etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 5. Prior to commencing of site improvements,the Applicant shall submit plans showing the following items to Engineering for review and approval: SW 72nd Ave shall be shown to have: • 8-foot Public Utility Easement (PUE) • Driveway approaches • Street trees in the planter strip spaced per TDC requirements • Mailbox locations 6. Prior to commencing site improvements, submit a final storm drainage report indicating that the proposed LIDA facilities on Parcel 1 and 2 are sized appropriately to Engineering Division. The storm drainage report shall be prepared and include a maintenance plan in accordance with the CWS Design and Construction Standards and the City of Tigard Design Guidelines for the facilities and must be reviewed and approved by the city. 7. Prior to commencing site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of the existing storm main,service lateral,and onsite LIDA facilities on both parcels 1 and 2. The service lateral and connection shall be designed and constructed in accordance with the City of Tigard and the CWS Design and Construction Standards. 8. Prior to commencing site improvements,the Applicant shall obtain a CWS Stormwater Connection Authorization. Plans shall be submitted to the City of Tigard for review. The city will forward plans to CWS after preliminary review. ENGINEERING COMMENTS PAGE 17 9. Prior to commencing of site improvements,the Applicant shall submit site plans as part of the PFI Permit showing the location of the existing sanitary sewer main and associated service lateral to Engineering for review and approval. The service lateral and connection shall be designed and constructed in accordance with the City of Tigard and CWS Design and Construction Standards. 10. Prior to commencing site improvements,the Applicant shall submit to Engineering evidence that Tualatin Valley Water District has been reviewed and approved the proposed public water facilities. 11. Prior to commencing site improvements,the Applicant will be required to provide written approval from Tualatin Valley Fire&Rescue for fire flow,hydrant placement,and emergency vehicular access and turn around. 12. Prior to commencing site improvements,an erosion control plan shall be provided as part of the PFI Permit drawings. The plan shall conform to the"CWS Erosion Prevention and Sediment Control Design and Planning Manual" (current edition). 13. Prior to commencing site improvements,a final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of all lots,and show that they will be graded to ensure that surface drainage is directed to the street or a public storm drainage system approved by the Engineering Division. 14. The design engineer shall indicate,on the grading plan,which lots will have natural slopes between 10 percent and 20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in determining if special grading inspections and/or permits will be necessary when the lots develop. 15. Prior to commencing of site improvements,the Applicant shall submit to the Engineering Division as part of the PFI Permit the Preliminary Sight Distance Certification for the both driveway approaches for review and approval. 16. Prior to commencing of site improvements,the private storm drainage easement on TL 1S136AB00200 shall be recorded. 17. Prior to commencing of site improvements,the private access and utility easement over TL 1S136AB00200 and TL 1S136AB00201 shall be recorded. THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL OF THE FINAL PLAT 18. Prior to final plat approval,complete the required public improvements including but not limited to street improvements, and obtain conditional acceptance from the City.Provide a one-year maintenance assurance for said improvements. 19. Prior to final plat approval,all the utility facilities including but not limited to storm drainage,water quality,water quantity,sanitary sewer,water,gas,electrical, communication, and wireless shall be constructed,completed,and/or satisfied. 20. Prior to final plat approval,the LIDA facility on the existing parcel (parcel 1) shall be constructed,completed,and/or satisfied. ENGINEERING COMMENTS PAGE 18 21. Prior to final plat approval,the Applicant shall sign a stormwater maintenance agreement with the City for the LIDA facility located on the existing parcel(parcel 1) on the City standard form. 22. Submit for City review four(4) paper and one (1) electronic copies of the final plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. 23. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. 24. Final Plat will include signature lines for the City Engineer and Community Development Director. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the Applicant's surveyor. 25. Prior to final plat approval,pay the addressing fee. The address fee shall be assessed in accordance with the current Master Fee Schedule. 26. After the City and County have reviewed the final plat, submit one copy of the final plat for City Engineer and Community Development Director signatures. 27. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty, at 503-718-2421) 28. Prior to final plat approval,the Applicant shall submit to the Engineering Division the final sight distance certification for the driveway approach of the existing parcel(parcel 1) for review and approval. 29. Prior to final plat approval,the applicant shall pay a fee in-lieu of undergrounding the existing overhead utilities along the development frontage on SW 72nd Ave. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be calculated based on unit price per lineal foot as indicated on the City Master Fee Schedule. 30. Prior to final plat approval,all existing overhead utilities serving the existing house on parcel 1 shall be placed underground. 31. A non-access easement to prohibit Parcel 1 accessing the private driveway shall be recorded at final plat. 32. Prior to final plat approval,the private storm drainage easement on TL 1S136AB00200 shall be recorded. 33. Prior to final plat approval,the private access and utility easement over TL 1S136AB00200 and TL 1S136AB00201 shall be recorded. THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO FINAL BUILDING INSPECTION 34. Prior to final building inspection,the onsite LIDA on the newly created parcel(parcel 2) shall be constructed, completed,and satisfied. ENGINEERING COMMENTS PAGE 19 35. Prior to final building inspection,the Applicant shall provide stormwater detention for the newly created parcel(parcel 2) or pay the water quantity fee. The water quantity fee shall be assessed in accordance with the current Master Fee Schedule. 36. Prior to final building inspection,the Applicant shall sign a stormwater maintenance agreement with the City for the LIDA facility located on the newly created parcel(parcel 2) on the City standard form. 37. Prior to final building inspection,the Applicant shall submit to the Engineering Division the final sight distance certification of the driveway approach of the newly created parcel (parcel 2) for review and approval. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: 18.430.080 Improvement Agreement: Before City approval is certified on the final plat,and before approved construction plans are issued by the City,the Subdivider shall: • Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed;and • Include in the agreement provisions that if such work is not completed within the period specified,the City may complete the work and recover the full cost and expenses from the subdivider.The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 18.430.090 Bond: As required by Section 18.430.080,the subdivider shall file with the agreement an assurance of performance supported by one of the following: • An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; • A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated;or • Cash.The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer,to assist the City Engineer in calculating the amount of the performance assurance.The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.430.100 Filing and Recording: Within 60 days of the City review and approval,the Applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. Upon final recording with the County,the Applicant shall submit to the City a mylar copy of the recorded final plat. 18.430.070 Final Plat Application Submission Requirements: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon,and necessary data or narrative. The subdivision plat and data or narrative shall be drawn to the ENGINEERING COMMENTS PAGE 20 minimum standards set forth by the Oregon Revised Statutes (ORS 92.05),Washington County,and by the City of Tigard. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation In accordance with Oregon Revised Statutes 92.060, subsection (2),the centerline of all street and roadway rights-of-way shall be monumented before the City accepts a street improvement. The following centerline monuments shall be set: • All centerline-centerline intersection points; • All cul-de-sac center points;and • Curve points,beginning and ending points (PCs and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points,cul-de-sac center points,and curve points.The tops of all monument boxes shall be set to finished pavement grade. 18.810.120 Utilities All utility lines including,but not limited to those required for electric,communication,lighting and cable television services and related facilities shall be placed underground,except for surface- mounted transformers,surface-mounted connection boxes,and meter cabinets which may be placed above ground,temporary utility service facilities during construction,high capacity electric lines operating at 50,000 volts or above. 18.810.130 Cash or Bond Required All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer.The cash or bond shall comply with the terms and conditions of Section 18.810.180. 18.810.150 Installation Prerequisite No land division improvements,including sanitary sewers, storm sewers, streets,sidewalks,curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City,permit fee paid and permit issued. 18.810.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason,it shall not be resumed until the City is notified. 18.810.200 Engineer's Certification The land divider's engineer shall provide written certification of a form provided by the City that all improvements,workmanship and materials are in accord with current and standard engineering and construction practices,and are of high grade,prior to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. ENGINEERING COMMENTS PAGE 21 ATTACHMENT 4 1111 TIGARD REQUEST FOR COMMENTS DATE: November 16,2017 RECEIVED TO: Per Attached NOV 2 7 2017 FROM: City of Tigard Planning Division CITY OF TIGARD PLANNING/ENGINEERING STAFF CONTACT: Lina Smith,Assistant Planner Phone: (503) 718-2438 Fax: (503) 718-2748 Email: LinaCS@tigard-or.gov MLP2017-00008 - NEWELL PARTITION - REQUEST:The applicant is requesting a Minor Land Partition to divide a 0.39-acre site into two (2) parcels. Parcel 1 will be 9,642 square feet in size, and Parcel 2 will be 7,510 square feet in size. An existing detached, single-family home will remain on Parcel 1, and Parcel 2 will be a flag lot that connects to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property(Tax Lot 200). LOCATION: 10060 SW 72°d Avenue;WCTM 1 S136AB,Tax Lot 201. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.390, 18.420, 18.510, 18.705, 18.715, 18.730, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 4, 2017. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter or email. X_ Written comments provided below: ?'cDmrr ► z ccf piCeA 906irae4 (At_ -fit" otNeu303 •\iNgV -c•r4A- 0..ye4fG \ocoAl2 -kki\L 4s16-Ovincei Name&Number of Person Commenting: ,)i.0.4 0` ,Jlj3 no,- .a ,y, 344 ��� I.`_ f &v. ATTACHMENT 5 CleanWater Services MEMORANDUM Date: December 1, 2017 To: Lina Smith, Assistant Planner, City of Tigard t From: Jackie Sue Humphrey•. lean Water Services (CWS) Subject: Newell 2-Parcel Partition, MLP2017-00008, 1 S 136AB00201 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PARTITION PLAT RECORDING A Clean Water Services (CWS) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for CWS Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 17-5, (or current R&O in effect at time of Engineering plan submittal), and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. . c. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 17-5, Section 4.05. Access shall be provided for maintenance of facility per R&O 17-5, Section 4.02.4. e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. 2550 SW Hillsboro Highway • Hillsboro,Oregon 97123 Phone: (503)681-3600 • Fax: (503)681-3603 • cleanwaterservices.org f. If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance to the NPDES permit held by CWS. CWS, prior to issuance of any connection permits, must approve final construction plans and drainage calculations. ° ATTACHMENT 6 www.tvfr.com Tualatin Valley Fire & Rescue December 6, 2017 Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Re: Newell Partition MLP2017-00008 Tax Lot I.D: 1S136AB 10060 SW 72nd Ave Thank you for the opportunity to review the proposed site plan surrounding the above named development project. These notes are provided in regards to the plans received November 16, 2017. There may be more or less requirements needed based upon the final project design, however, Tualatin Valley Fire & Rescue will endorse this proposal predicated on the following criteria and conditions of approval. FIRE APPARATUS ACCESS: 1. FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDINGS AND FACILITIES: Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (OFC 503.1.1) 1) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shall have an unobstructed driving surface width of not less than 20 feet (26 feet adjacent to fire hydrants (OFC D103.1)) and an unobstructed vertical clearance of not less than 13 feet 6 inches. (OFC 503.2.1) The fire district does not endorse the design concept wherein twenty feet of unobstructed roadway width is not provided.(See exception below#3) 2. FIRE APPARATUS ACCESS ROADS FOR INDIVIDUAL ONE AND TWO FAMILY DWELLINGS AND ACCESSORY STRUCTURES: The fire district will approve access roads of 12 feet for up to three dwelling units (Group R-3) and accessory(Group U) buildings. (OFC 503.1.1) The 10'drive access proposed does not meet allowable the minimum width requirements. 3. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. Signs shall read"NO PARKING- FIRE LANE"and shall be installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have red letters on a white reflective background. (OFC D103.6) 4. NO PARKING: Parking on emergency access roads shall be as follows (OFC D103.6.1-2): 1. 20-26 feet road width— no parking on either side of roadway Command and Business Operations Center and South Operating Center Training Center North Operating Center 8445 SW Elligsen Road 12400 SW Tonquin Road 11945 5W 70th Avenue Wilsonville,Oregon Sherwood,Oregon Tigard,Oregon 97223-9196 97070-9641 97140-9734 503-649-8577 503-259-1500 503-259-1600 2. 26-32 feet road width— parking is allowed on one side 3. Greater than 32 feet road width —parking is not restricted 5. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced as to provide all-weather driving capabilities. (OFC 503.2.3) 6. TURNING RADIUS: The inside turning radius and outside turning radius shall not be less than 28 feet and 48 feet respectively, measured from the same center point. (OFC 503.2.4 & D103.3) 7. ACCESS ROAD GRADE: Fire apparatus access roadway grades shall not exceed 15%. 8. GATES: Gates securing fire apparatus roads shall comply with all of the following (OFC D103.5, and 503.6): 1. Minimum unobstructed width shall be not less than 20 feet (or the required roadway surface width). 2. Gates serving three or less single-family dwellings shall be a minimum of 12 feet in width. 3. Gates shall be set back at minimum of 30 feet from the intersecting roadway or as approved. 4. Electric gates shall be equipped with a means for operation by fire department personnel 5. Electric automatic gates shall comply with ASTM F 2200 and UL 325. 9. ACCESS DURING CONSTRUCTION: Approved fire apparatus access roadways shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. Temporary address signage shall also be provided during construction. (OFC 3309 and 3310.1) FIREFIGHTING WATER SUPPLIES: 10. FIREFIGHTING WATER SUPPLY FOR INDIVIDUAL ONE-AND TWO-FAMILY DWELLINGS: The minimum available fire flow for one and two-family dwellings served by a municipal water supply shall be 1,000 gallons per minute. If the structure(s) is (are) 3,600 square feet or larger, the required fire flow shall be determined according to OFC Appendix B. (OFC B105.2) 11. FIRE FLOW WATER AVAILABILITY: Applicants shall provide documentation of a fire hydrant flow test or flow test modeling of water availability from the local water purveyor if the project includes a new structure or increase in the floor area of an existing structure. Tests shall be conducted from a fire hydrant within 400 feet for commercial projects, or 600 feet for residential development. Flow tests will be accepted if they were performed within 5 years as long as no adverse modifications have been made to the supply system. Water availability information may not be required to be submitted for every project. (OFC Appendix B) 12. WATER SUPPLY DURING CONSTRUCTION IN MUNICIPAL AREAS: In areas with fixed and reliable water supply, approved firefighting water supplies shall be installed and operational prior to any combustible construction or storage of combustible materials on the site. (OFC 3312.1) FIRE HYDRANTS: 13. FIRE HYDRANTS—ONE-AND TWO-FAMILY DWELLINGS&ACCESSORY STRUCTURES: Where the most remote portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road, as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. (OFC 507.5.1) There is adequate hydrant coverage for this property. No additional hydrants will be required. Residential One-and Two-Family Development 3.4—Page 2 BUILDING ACCESS AND FIRE SERVICE FEATURES 14. PREMISES IDENTIFICATION: New and existing buildings shall have approved address numbers; building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property, including monument signs. These numbers shall contrast with their background. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 1/2 inch. (OFC 505.1) Provide a physical address on the new home, as well as, near the intersection of the private drive and public road visible from both approaches of[enter road intersections here] If you have questions or need further clarification, or would like to discuss any alternate methods and/or materials, please feel free to contact me at 503-259-1504. Sincerely, 0h it John Wolff Deputy Fire Marshal II Email: John.Wolff@gmail.com Cc: A full copy of the New Construction Fire Code Applications Guide for Residential Development is available at http://www.tvfr.com/DocumentCenter/View/1438 Residential One-and Two-Family Development 3.4—Page 3 Notice of a Type II Decision 11111, Land Partitions Case ID: MLP2017-00008 (Newell Partition) The Decision Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the requested land use action, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the Final Decision.The proposal is described below. Tigard Community Development Contact Information Date of Notice: Monday,December 18,2017 120 days = Wednesday,February 28,2018 Staff Contact: Lina Smith 503-718-2438 LinaCS@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision.Appeal forms are available on the city's website or in person at the Permits Center. If you would like to appeal this land use decision, we need to receive your completed appeal form by 5 p.m. on Thursday,January 04, 2018. Please include the Case ID Number: MLP2017-00008. Please hand-deliver your completed appeal form (which will be time-stamped) and pay the associated appeal fees at the Permits Center, 13125 SW Hall Blvd., Tigard, OR 97223. If you have any questions regarding this decision, please address them to the appropriate staff person noted on this form:Lina Smith and note the Case ID Number: MLP2017-00008. This decision is final on Monday, December 18, 2017, unless an appeal is filed. The decision will go into effect on Monday, January 08, 2018, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information about the Decision Applicant: Isenhart Consulting,LLC Owner: Christopher T. &Rhonda E. Newell Attn:Danelle Isenhart,AICP 10060 SW 72nd Avenue P.O. Box 2364 Tigard, OR 97223 Beaverton, OR 97075 Description of the Proposal: The applicant is requesting a Minor Land Partition to divide a 0.39-acre site into two (2) parcels. Parcel 1 will be 9,642 square feet in size, and Parcel 2 will be 7,510 square feet in size. An existing detached, single-family home will remain on Parcel 1, and Parcel 2 will be a flag lot that connects to SW 72nd Avenue via a 20-foot-wide access easement across Parcel 1 and an adjacent property(10006 SW 72nd Avenue;WCTM 1S136AB,Tax Lot 200). Legal Description: 10060 SW 72nd Avenue;WCTM 1S136AB,Tax Lot 201 Zoning: R-4.5: Low-Density Residential District City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 Appeal Procedure Details The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code,which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 5 p.m. on Thursday,January 04,2018 Zoning Map ELMWOOD ST a NY • �T— y. Zoning Map ' iw,110 JI mom. ,\, Generalized Zoning Categories tegories 0 iii)411 I I hi\Al 1.1 W .s■,1P R-4.5 III tc_)Llrir. F a ._ 1. ,411O la I III Zoning Description Residential I� R-4.5 A.5 (P D) �ii g p 11 Mixed Use Residential V- f; 1 ASH '-'1.7)::#141.."-- Mimeos �- - ®Mixed Use Central Business District rr 1 CREEK Cr: F' -W IO 7 'Commercial Q - b flu "" . /4/4.in iMixedUse Employment T, AI - -� % 411111111 Industrial I (PD) Parks and r ,l1�,,, !�' L- County g ■ ` — "Washington Coun Zoning C 1 r u ■ liiiiI, r r� 4:Y7dav Zones _ _ r• . I. J IGanstoric District Overlay GO l DANA R_4 ��� � � �� /_ ®Planned Development Overlay W •� �'ry I . / Subject Site F TLSTST _ N 'F A n lit1ii'Ern , W 1 1 _ie_ i , f , ,,,,LIN �, _R-4.5(PD)� BM S�� Map onnted 0107 51 AM on 22-Nov-17 MAPLELEAF ST `-N, ? ill "' R4. L' _ N 1'L - II �,.a COMMUNITY LlEVELPPMENr DEPARTMENT I MAPLELEAF y g8 CT - a 0140 13125 W1t,�Elvd Fril4d — Tigerd,OR9]223® 0334 OAK ST � w.,hand.or gov T,no I I City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 pg.2