MLP2018-00002 111 '1
• TIGARD
City of Tigard
November 23, 2020
Garo Wright
6815 SW Walnut St
Tigard, OR 97223
Re:Permit No. MLP2018-00002
Dear Applicant:
The City of Tigard has processed a refund for the deposit of fees on the above referenced
permit for the following:
Site Address: 6815 SW Walnut St
Project Name: Wright Partition
Job No.: N/A
Refund: ® Check#237295 in the amount of$4,986.00.
❑ Credit card"return"receipt in the amount of$
❑ Trust account"deposit" receipt in the amount of$
Notes: Refund difference of tree establishment bond that reduced requirement from
planting (10) trees to (1) tree planted.
If you have any questions please contact me at 503.718.2430.
Sincerely,
6(2 o
Dianna Omelas
Building Division Services Supervisor
Enc.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
111 . " City of Tigard
TIGARD 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: Garo Wright DATE: 11/16/2020
6815 SW Walnut St
Tigard, OR 97223 REQUESTED BY: Dianna Ornelas
Lina
TRANSACTION INFORMATION:
Receipt#: 420061 Case#: MLP2018-00002
Date: 10/22/2018 Address/Parcel: 6815 SW Walnut St
Pay Method: CreditCard Project Name: Wright Partition
EXPLANATION: Refund difference of tree establishment bond that reduced requirement from planting
(10) treets to (1) tree planted.
REFUND INFORMATION:
Fee Description From Receipt Revenue Account No. Refund
Example: Building Permit Fee Example: 2300000-43104 $Amount
Tree Establishment Bond 260-0000-22000 $4,986.00
TOTAL REFUND: $4,986.00
APPROVALS: SIGNATURES/DATE:
If under$5,000 Professional Staff
If under$12,500 Division Manager /'3( ±�.d_ -)
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: By:
I:\Building\Refunds\RefundRequest.doc x 09/01/2010
7,1 CITY OF TIGARD RECEIPT
■ 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Project Name: Wright Partition
Site Address: 6815 SW WALNUT TER �`� /\,
Receipt Number: 435842 - 08/13/2021
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
M L P 2018-00002 $-4,986.00
Total: $-4,986.00
PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 237295 DHOWSE 08/13/2021 $4986.00
Payor: Garo Wright
Total Payments: $-4,986.00
Balance Due: $4,986.00
Page 1 of 1
1114 CITY OF TIGARD RECEIPT
v
j 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Project Name: Wright Partition
Site Address: 6815 SW WALNUT TER O z 16-/A/ecl-z—
Receipt Number: 420061 - 10/22/2018
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MLP2018-00002 Application Fee 1 00-0000-431 1 6 $504.00
MLP2018-00002 In Lieu of Planting Open Grown Tree 260-0000-48101 $608.00
MLP2018-00002 Tree Establish Bond-1.5"in SUB or 260-0000-22000 $5,540.00
MLP
Total: $6,652.00
PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Credit Card 231018E3E-25CI PUBLICUSERO 10/22/2018 $6,652.00
Payor: Garo R Wright
Total Payments: $6,652.00
Balance Due: $0.00
Page 1 of 1
City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT
NN. Request for Permit Action
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(1)one
REFUND OR Name: Garo Wright
INVOICE TO: (Business or Individual)
Mailing Address: 6815 SW Walnut Terrace
City/State/Zip: Tigard, OR 97223
Phone No.: (503) 347-8028
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1):
❑ : ► _ VOID PERMIT APPLICATION.
►�/— REFUND RMIT FEES (attach copy of original receipt and provide explanation below).
min e OR FEES DUE (attach case fee schedule and provide explanation below).
❑ REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit).
Permit#: MLP2018-00002
Site Address or Parcel#: 6815 SW Walnut Terrace
Project Name: Wright Partition
Subdivision Name: N/A Lot#: N/A
EXPLANATION: Please refund$4,986 of the tree establishment bond.Applicant was
originally required to plant 10 trees but obtained an approved modification
and is now only required to plant 1 tree.
10/8/2020
Date:
Signature:
Print Name: Lina Smith
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.
Sc •
FOR OFFICE USE ONLY
Route to Sys Admin: Da
te ate By Route to Records: Date „p/j, � B
Refund Processed: Date{f//4 2j By.�D Invoice Processed: Date By
Permit Canceled: Date,,/�,-- ByX 'O Parcel Tag Added: Date By
I:\Budding\Forms\RegPexn itAction_092314.doc
NOTICE OF DECISION PAGE 1 OF 31
MLP2018-00002 WRIGHT PARTITION
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION MLP2018-00002
WRIGHT PARTITION
120 DAYS = December 19, 2018
SECTION I. APPLICATION SUMMARY
FILE NAME: WRIGHT PARTITION
CASE NO.: MINOR LAND PARTITION MLP2018-00002
DEVELOPMENT ADJUSTMENT ADJ2018-00015
PROPOSAL: The applicant is requesting a Minor Land Partition to divide a 0.41-acre site into two (2)
parcels. An existing detached, single-family home will remain on Parcel 1, and Parcel 2 will be
a flag lot that connects to SW Walnut Terrace via a 15-foot-wide “flag pole” accessway. Parcel
1 will be 7,716 square feet in size, and Parcel 2 will be 8,168 square feet in size (exclusive of the
“flag pole” area). The applicant also requests an adjustment to reduce the east side yard
setback on Parcel 1 from five feet to four feet (20 percent).
APPLICANT: Garo Wright
6815 SW Walnut Terrace
Tigard, OR 97223
OWNERS: Garo and Crystal L. Wright
6815 SW Walnut Terrace
Tigard, OR 97223
LOCATION: 6815 SW Walnut Terrace; WCTM 1S125DA, Tax Lot 2400
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low Density Residential
ZONE: R-4.5: Low-Density Residential Zone. The R-4.5 zone is designed to accommodate detached
single-family homes with or without accessory dwelling units at a minimum lot size of 7,500
square feet. Duplexes are permitted conditionally. Some civic and institutional uses are
permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.790,
18.820, 18.910, 19.920, and 18.930.
NOTICE OF DECISION PAGE 2 OF 31
MLP2018-00002 WRIGHT 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 CONDITION SHALL BE SATISFIED
PRIOR TO PERMIT SUBMISSION:
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: OSCAR CONTRERAS
(503)718-2687 or OscarC@tigard-or.gov. The cover letter shall clearly identify where in the submittal the
required information is found:
1. The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within
the city. The applicant shall submit an AutoCAD file of the preliminary plat for review of street names and/or
address assignments. Contact Oscar Contreras in the Engineering Division at (503) 718-2678 for the submission of
the AutoCAD file, and to ensure that any new street names and/or addresses are assigned. The applicant shall pay
the addressing fee, prior to permit submission. The addressing fee shall be assessed in accordance with the current
Master Fee Schedule.
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 LinaCS@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required
information is found:
2. 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.
3. Prior to commencing any site work, the applicant shall pay a fee in-lieu of planting one (1) street tree.
4. 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 be for 13 open grown trees.
5. 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 10 open grown trees.
6. 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,
NOTICE OF DECISION PAGE 3 OF 31
MLP2018-00002 WRIGHT PARTITION
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:
7. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading,
water quality and quantity facilities, streetlights, easements, easement locations, and utility connections 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
The Community Development Code of the City of Tigard (CDC) and the Tigard Municipal Code
Fire Code
Other applicable County, State, and Federal Codes and Standard Guidelines
8. Improvements associated with public infrastructure, including street and right-of-way dedication, utilities, grading,
water quality and quantity facilities, streetlights, easements, easement locations, and utility connections for future
utility extensions are subject to the City Engineer’s review, modification, and approval.
9. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is required for this project to
cover all infrastructure work including stormwater, water quality and quantity facilities, and any other work in the
public right-of-way. Four (4) sets of detailed public improvement plans shall be submitted for review to the
Engineering Department. An Engineering cost estimate of improvements associated with public
infrastructure, including but not limited to, streets, street grading, utilities, stormwater, water quality and
water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be required at the time of
PFI Permit submittal. When the water system is under the City of Tigard jurisdiction, an Engineering
cost estimate of water improvements shall be listed as a separate line item from the total cost estimate.
NOTE: these plans are in addition to any drawings required by the Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement permit plans shall conform to City of Tigard
Public Improvement Design Standards, which are available at City Hall and the City’s web page (www.tigard-
or.gov).
10. Prior to commencing site improvements, the Applicant shall submit 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 Division will delay processing
of project documents.
11. Prior to commencing site improvements, the Applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided onsite. No construction
vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles
include the vehicles of any contractor or subcontractor involved in the construction of site improvements or
buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with
the project.
12. Prior to commencing site improvements, the Applicant shall provide Engineering Division a photometric analysis
for review and approval. New LED streetlights are required based on the photometric analysis; the Applicant shall
submit plans showing the location of streetlights to Engineering Division for review and approval. Type and color
of pole and light fixture shall also be included on the plan for review and approval.
NOTICE OF DECISION PAGE 4 OF 31
MLP2018-00002 WRIGHT PARTITION
13. Prior to commencing site improvements, the Applicant shall submit plans showing the following items to
Engineering for review and approval:
SW Walnut Terrace shall include and shall be shown to have:
27-foot from centerline right-of-way dedication
24-foot minimum from centerline asphalt concrete pavement meeting City of Tigard Local Street cross
section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot Public Utility Easement (PUE)
Street trees in the planter strip spaced per CDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvements meeting CWS Design and Construction Standards
Underground utilities
Planter can be eliminated and 6-foot concrete sidewalk can be provided as alternatives to the 5-foot planter
and 5-foot sidewalk standards
14. Prior to commencing site improvements, submit site plans and a final storm drainage report as part of the PFI
Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to
Engineering Division for review and approval. The storm drainage report shall be prepared and include a
maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Standards.
15. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization
prior to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The
city will forward plans to CWS after preliminary review.
16. Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the proposed
sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of Tigard
and CWS Design and Construction Standards.
17. Prior to commencing site improvements, submit site plans as part of the PFI Permit evidence of approval from the
Tualatin Valley Water District (TVWD).
18. 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.
19. 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) and be submitted to City of Tigard with the PFI plans.
20. 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.
NOTICE OF DECISION PAGE 5 OF 31
MLP2018-00002 WRIGHT PARTITION
21. 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.
22. Prior to commencing site improvements, submit AutoCAD file of the construction plan to the City for GIS
purposes.
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:
23. Prior to final plat approval, all improvements associated with public infrastructure including, but not limited to,
street improvements under the City of Tigard jurisdiction shall be constructed, completed and/or satisfied. The
Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said
improvements.
24. Prior to final plat approval, submit evidence of completion and acceptance from TVWD.
25. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in
Oregon, and necessary data or narrative.
26. 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 the City of Tigard.
27. 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.
28. After the City and County have reviewed the final plat, submit one (1) copy of the final plat for City Engineer and
Community Development Director signatures.
29. Submit a check in the amount of the current final plat review fee (Contact the Planner on Duty, at 503-718-2421)
30. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final Sight Distance
Certification indicating that sight distance is still adequate.
31. Prior to final plat approval, provide AutoCAD files of the as-built drawings.
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 (503)718-
2438 or LinaCS@tigard-or.gov. The cover letter shall clearly identify where in the submittal the required
information is found:
NOTICE OF DECISION PAGE 6 OF 31
MLP2018-00002 WRIGHT PARTITION
32. 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.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF
THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.830.070 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the
Developer 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 Developer. 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.
18.830.080 Bond:
As required by Section 18.830.080, the Developer 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 Developer 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 Developer shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.830.090 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.
18.830.060 Final Plat Application Submission Requirements:
Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or
narrative. 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.
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:
NOTICE OF DECISION PAGE 7 OF 31
MLP2018-00002 WRIGHT PARTITION
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.
18.910.120 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.
18.910.130 Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and material for a period of one
year following acceptance by the City. Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer. The cash or bond shall comply with the terms and conditions of
Section 18.830.080.
18.910.150 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.
18.910.180 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.
18.910.200 Engineer's Certification
The land Developer's Design 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.
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information
The 0.41-acre site is located on the north side of SW Walnut Terrace, west of SW 65th Avenue, and east of SW 69th
Avenue. The property is also located south of the city’s border with unincorporated Washington County, and west of
the city’s border with the City of Portland. The property is currently occupied by a detached, single-family dwelling,
with an attached garage, an approximately 170-square-foot accessory structure, and paved driveway. There is also a deck
with a pool located behind the existing home, which the applicant proposes to remove. The applicant is requesting to
divide the subject property into two (2) parcels. The existing home will remain on Parcel 1, and Parcel 2 will be a flag lot
that connects to SW Walnut Terrace via a 15-foot-wide “flag pole” accessway. Parcel 1 will be 7,716 square feet in size,
and Parcel 2 will be 8,168 square feet in size (exclusive of the “flag pole” area). The applicant also requests an
adjustment to reduce east side yard setback on Parcel 1 from five feet to four feet (20 percent).
NOTICE OF DECISION PAGE 8 OF 31
MLP2018-00002 WRIGHT PARTITION
Property History
City records indicate the subject site was originally approved as Lot 9 of the Kings View Subdivision in 1945. According
to the Washington County Assessment and Taxation Report, the site was developed with a detached, single-family
dwelling in 1965. No other land use approvals were found that affect this property.
SECTION IV. PUBLIC COMMENTS
CDC requires that all property owners of record within 500 feet of the proposed development site be notified of the
proposal, and be given an opportunity for written comments and/or oral testimony prior issuance of the decision. Staff
mailed Notices of this Type II Application to affected parties on September 10, 2018. A letter was received from
Margot Monti on September 24, 2018, with concerns about potential sensitive lands on the subject site, and the
preservation of existing on-site native trees. Mrs. Monti also expressed interest in nominating an existing Pacific
Madrone tree on the subject site as a City of Tigard Heritage Tree.
RESPONSE: The subject property is not located in the Federal Emergency Management Agency Special Flood
Hazard Area, or the Clean Water Services Vegetated Corridor. City maps show that the site does not
contain natural drainageways, wetland areas, or steep slopes of 25 percent or greater or unstable ground.
Accordingly, this site is not subject to the standards in CDC Chapter 18.510 Sensitive Lands.
Additionally, the site is not identified on the City of Tigard “Significant Habitat Areas Map” for
significant fish and wildlife habitat areas. Furthermore, Clean Water Services reviewed this proposal and
determined that Sensitive Areas do not exist on site or within 200 feet of the site.
The applicant submitted an Urban Forestry Plan that was coordinated and approved by a certified
arborist and tree risk assessor, and meets all applicable standards for tree preservation, tree removal, and
tree canopy in Chapter 18.520 Urban Forestry of the Community Development Code of the City of
Tigard, and the Urban Forestry Manual.
The procedures to nominate a tree for the City of Tigard Heritage Tree program are outlined in the
Tigard Municipal Code Chapter 8.16. A nomination requires the written consent of the tree owner.
SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA
The following summarizes the standards and approval criteria applicable to this decision, in the order in which they are
addressed:
Applicable Review Criteria
18.110 Residential Zones
18.310 Off-Street Parking and Loading
18.320 Landscaping and Screening
18.520 Urban Forestry
18.790 Variances and Adjustments
18.820 Land Partitions
18.910 Improvement Standards
19.920 Access, Egress and Circulation
18.930 Vision Clearance Areas
NOTICE OF DECISION PAGE 9 OF 31
MLP2018-00002 WRIGHT PARTITION
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.110 Residential Zones
18.110.050 Development Standards
A. Compliance. All development shall comply with:
1. All of the applicable development standards for the applicable base zone, except where the
applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and
Adjustments; and
2. All other applicable standards and requirements in this title.
B. Development standards. Development standards in residential zones are provided in Table 18.110.3.
TABLE 18.110.3
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel 1 Parcel 2
Minimum Lot Size
- Detached unit
7,500 sq.ft.
7,716 sq. ft.
8,168 sq. ft.
Minimum Lot Width
- Detached unit
50 ft. (40 ft. for a flag lot)
70.93 ft.
85.97 ft.
Minimum Setbacks
- Front yard
- Side facing street on
corner & through lots
- Side yard
- Rear yard
- Side or rear yard abutting more
restrictive zone
- Distance between property line
and front of garage
20 ft.
15 ft.
5 ft. (10 ft. for a flag lot)
15 ft.
20 ft.
32 ft.
N/A
See below
17.63 ft.
See below
20 ft.
N/A
10 ft.
15 ft.
20 ft.
Maximum Height 30 ft. Existing 30 ft.
Maximum Lot Coverage None N/A N/A
Minimum Landscape Requirement None N/A N/A
Minimum Residential Density 80% of maximum density See below See below
Maximum Residential Density 4.5 units/acre See below See below
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 7,716 square feet in size, and Parcel 2 is 8,168 square feet in size. Parcel 2 will be a
flag lot that connects to SW Walnut Terrace via a 15-foot-wide “flag pole” accessway. The lot area for Parcel 2 is
calculated exclusive of any accessway or “flag pole” area.
The minimum lot width requirement for Parcel 1 is 50 feet, and Parcel 1 exceeds this requirement because it has an
average lot width of approximately 71 feet. The minimum lot width requirement for Parcel 2 is 40 feet because it is a
flag lot (CDC 18.40.090.B). Parcel 2 exceeds this requirement because it has an average lot width of approximately 86
feet. Additionally, Parcel 2 has a minimum lot depth requirement of 40 feet because it is a flag lot (CDC 18.40.090.B).
Parcel 2 exceeds this requirement because it has a lot depth of approximately 95 feet.
Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage. The garage currently meets
the minimum 20-foot garage setback requirement. However, as a requirement of this Minor Land Partition, the
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applicant will dedicate two (2) feet along the property’s frontage to the public right-of-way. This will reduce the distance
from the front property line to the garage from 20 feet to 18 feet. Accordingly, the garage will be considered a
nonconforming structure, and will be subject to the standards in Chapter 18.50 Nonconforming Circumstances. All
future development or new construction on either Parcel 1 or Parcel 2 shall comply with the development standards
outlined above.
There is an existing deck with a pool located at the rear of the existing home on Parcel 1, which the applicant proposes
to remove. The existing home on Parcel 1 meets the minimum setback requirements for the front, the rear (with the
deck and pool removed), and the west side of the property. In order to preserve the existing home on Parcel 1, and
accommodate a 15-foot-wide “flag pole” accessway for Parcel 2, the east side yard setback on Parcel 1 will be reduced
to less than five feet. Accordingly, the applicant has applied for a development adjustment to reduce this five-foot side
yard setback requirement by 20 percent, which is addressed under Chapter 18.790 Variances and Adjustments of this
administrative decision.
There is also an existing 170-square-foot shed located in the northwest portion of Parcel 1. This shed is considered a
residential accessory structure, and is required to maintain minimum five-foot setbacks on the sides and rear (CDC
18.210.010). The shed meets this requirement on the east side and rear, but does not meet this requirement on the west
side. However, the applicant is not proposing to move the western property line, or any other modifications that would
increase the shed’s nonconformity. Accordingly, the shed is considered existing nonconforming, and is subject to the
standards in Chapter 18.50 Nonconforming Circumstances. Any new accessory structures on either Parcel 1 or Parcel 2
shall comply with all requirements in CDC 18.210.010 Residential Accessory Structures.
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.
Minimum and maximum residential density is calculated below, based on the site’s net development area of 17,859.6
square feet, and the methodology outlined in CDC 18.40.020:
Net Development Area 17,859.6 square feet
Minimum Lot Size ÷ 7,500 square feet
Maximum Number of Residential Units 2.38
Maximum Number of Residential Units 2.38
× 80%
Minimum Number of Residential Units 1.91
When the density calculation results in a fraction, the result will be rounded down to the nearest consecutive whole
number (CDC 18.40.020.D). Therefore, the maximum number of residential units for this site is two (2), and the
minimum number of residential units for this site is one (1). This application is for a two-lot Minor Land Partition;
therefore, this proposal complies with the minimum and maximum residential density standards for the R-4.5 Zone.
These standards are met.
18.310 Off-Street Parking and Loading
18.310.030 General Provisions
A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval
granted until plans are approved as provided by this title that demonstrate how off-street parking and
loading requirements are met.
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Parcel 1 is currently occupied by a detached, single-family dwelling, with an attached garage and a paved driveway that
meets the off-street parking and loading requirements of this title. 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 as the dwelling(s) it serves.
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.
18.310.070 Off-Street Parking Requirements
A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle parking spaces
are provided in Table 18.310.2.
CDC Table 18.310.2 requires a minimum of one 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.
18.320 Landscaping and Screening
18.320.030 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 in compliance with 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 compliance with this chapter.
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 in Chapter 18.520, Urban Forestry and the Urban Forestry Manual
shall apply to the land use applications in Section 18.520.020.
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 of this title and titles of the
Tigard Municipal Code. (Ord. 17-22 §2)
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The accepted tree protection and planting procedures are the guidelines described in the Tigard Urban Forestry Manual.
These guidelines follow those set forth by the International Society of Arboriculture tree planting guidelines, and the
tree care industry standards detailed in the most current version of the American National Standards Institute A300
Standards for Tree Care Operations. These provisions are met, and will be further addressed in Chapter 18.520 Urban
Forestry Plan of this administrative decision.
18.320.040 Street Tree Standards
A. Street trees shall be required as part of the approval process for the following land use applications:
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).
B. The minimum number of required street trees shall be determined by dividing the linear amount of street
frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the minimum
number of required street trees shall be determined by rounding to the nearest whole number.
C. Street trees required by this section shall be planted in compliance with the street tree planting standards
in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes in compliance with the street
tree soil volume standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right-of-way whenever practicable
according to the street tree planting standards in the Urban Forestry Manual. Street trees may be planted
no more than 6 feet from the right-of-way in compliance with 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 in compliance with 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, tree canopy cover
site plan, and supplemental report, as required by Section 18.520.030, 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 approval
authority 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 3 years for
each tree below the minimum required. (Ord. 17-22 §2)
The linear amount of street frontage adjacent to this site is 85.84 feet; therefore, the site is required to have a minimum
of two (2) street trees (85.84 feet divided by 40 feet, rounded to the nearest whole number). The applicant proposes to
meet this minimum street tree requirement by preserving one (1) existing Maple tree, and by paying a fee in-lieu for one
(1) street tree. These standards are met.
18.520 Urban Forestry
18.520.020 Applicability
A. The requirements of this chapter apply to the following land use applications:
3. Minor land partition (Type II);
This application is for a Type II Minor Land Partition. Accordingly, the requirements of CDC 18.520 Urban Forestry
apply.
18.520.030 Urban Forestry Plan Requirements
A. Urban forestry plan requirements. An urban forestry plan shall:
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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;
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, Stephen Phoenix of Tree Care Unlimited,
LLC. 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
canopy for the entire site is 40 percent, and 15 percent per lot (Section 10, Part 3, Subsections N and O of the Urban
Forestry Manual). Through the supplemental report, the project arborist demonstrates how the effective tree canopy for
the entire site is 50 percent, as well as 55 percent for Parcel 1, and 45 percent for Parcel 2. This standard is met.
18.520.060 Urban Forestry Plan Implementation
C. Tree establishment. The establishment of all trees shown to be planted in the tree canopy site plan and
supplemental report of a previously approved urban forestry plan shall be guaranteed and required
according to the tree establishment requirements in 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. With the described condition of approval, 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 and supplemental report of a previously approved urban forestry plan.
(Ord. 17-22 §2)
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. With the described condition of
approval, this standard will be met.
18.790 Variances and Adjustments
18.790.030 Adjustments
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A. Development adjustments.
1. The following development adjustments shall be processed through a Type I procedure, as
provided in Section 18.710.050, using criteria in Paragraph 18.790.030.A.2:
a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards for the front
yard setback required in the applicable base zone. Setback of garages may not be reduced
by this provision.
b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for the side
and rear yard setbacks required in the applicable base zone.
c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in the
applicable base zone.
The applicant requests to reduce the east side yard setback on Parcel 1 from five feet to four feet (20 percent), which
meets the description of CDC 18.790.030.A.1.b. This request is a Type I Development Adjustment, and it is being
processed concurrently with the applicant’s Type II Minor Land Partition.
2. The approval authority shall approve or approve with conditions a development adjustment when
all of the following are met:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect;
The applicant requests to reduce the east side yard setback on Parcel 1 from five feet to four feet (20 percent), in
order to preserve the existing home on Parcel 1, and accommodate a 15-foot-wide “flag pole” accessway for Parcel
2. Staff has evaluated the applicant’s submitted site plan to determine that this adjustment is the least required to
achieve the desired effect. This criterion is met.
b. The adjustment will result in the preservation of trees, if trees are present in the
development area;
There are no trees present in the relevant development area. This criterion does not apply.
c. The adjustment will not impede adequate emergency access to the site; and
Staff reviewed the applicant’s submitted site plan to determine the proposed adjustment will not impede adequate
emergency access to either Parcels 1 or 2. Parcel 1 has 70.89 feet of frontage on SW Walnut Terrace, and Parcel 2 is
a flag lot that will connect to SW Walnut Terrace via a 15-foot-wide “flag pole” accessway. This criterion is met.
d. There is not a reasonable alternative to the adjustment that achieves the desired effect.
The applicant requests to reduce the east side yard setback on Parcel 1 from five feet to four feet (20 percent), in
order to preserve the existing home on Parcel 1, and accommodate a 15-foot-wide “flag pole” accessway for Parcel
2. As demonstrated above, the applicant’s proposal complies with the 20 percent reduction for side yard setbacks.
There is not a reasonable alternative to the proposed adjustment which achieves the desired effect. This criterion is
met.
18.820 Land Partitions
18.820.040 Approval Criteria
A. Approval criteria. The approval authority shall approve or approve with conditions an application for a
land partition when all of the following are met:
1. The proposed partition complies with all statutory and ordinance requirements and regulations;
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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 Chapter 18.910 Improvement Standards of this administrative decision.
The findings in that section demonstrate that there are adequate public facilities available to serve the proposal. This
criterion is met.
3. All proposed improvements meet city and applicable agency standards;
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 lot width of the applicable base zone shall be met. Lot width for flag lots
shall be measured as provided in Section 18.40.090.
The minimum lot width requirement for Parcel 1 is 50 feet, and Parcel 1 exceeds this requirement because it has an
average lot width of approximately 71 feet. The minimum lot width requirement for Parcel 2 is 40 feet because it is a
flag lot (CDC 18.40.090.B). Parcel 2 exceeds this requirement because it has an average lot width of approximately 86
feet. This criterion is met.
b. The minimum lot size required by the applicable base zone shall be met. In the case of a
flag lot, the accessway may not be included in the lot area calculation, as provided in
Section 18.40.090.
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 7,716 square feet in size, and Parcel 2 is 8,168 square feet in size. Parcel 2 will be a
flag lot that connects to SW Walnut Terrace via a 15-foot-wide “flag pole” accessway. The lot area for Parcel 2 is
calculated exclusive of any accessway or “flag pole” area. This criterion is met.
c. The depth of all lots shall not exceed 2.5 times the average width, unless the lot is less than
1.5 times the minimum lot size of the applicable base zone.
Average Lot Width 2.5 × Average Lot Width Lot Depth
Parcel 1 70.93 feet 177.31 feet 108.79 feet
Parcel 2 85.97 feet 214.93 feet 95 feet
As demonstrated in the table above, the lot depths of Parcels 1 and 2 do not exceed 2.5 times the average lot widths.
This criterion is met.
d. The side lines of lots shall be at right angles to the street upon which the lots fronts, unless
practical.
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Parcel 1 has 70.89 feet of frontage on SW Walnut Terrace, and Parcel 2 is a flag lot that will connect to SW Walnut
Terrace via a 15-foot-wide “flag pole” accessway. Staff reviewed the applicant’s submitted site plan to confirm the side
lines of both Parcels 1 and 2 are at right angles to SW Walnut Terrace, as far as practicable. This criterion is met.
e. Each lot shall front a public right-of-way by at least 15 feet or have a legally recorded
minimum 15-foot wide access easement.
Parcel 1 has 70.89 feet of frontage on SW Walnut Terrace, and Parcel 2 is a flag lot that will connect to SW Walnut
Terrace via a 15-foot-wide “flag pole” accessway. This criterion is met.
f. Setbacks shall be as required by the applicable base zone.
Setbacks were addressed in Chapters 18.110 Residential Zones and 18.790 Variances and Adjustments of this
administrative decision. This criterion is met.
5. With regard to flag lots:
a. The applicant 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 Walnut Terrace via a 15-foot-wide
“flag pole” accessway. 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.
b. A screen shall be provided along the property line of a lot of record where the paved
accessway is located within 10 feet of an abutting lot in compliance with Section 18.320.050.
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 an approximately 109-foot-long “flag pole” accessway that will connect Parcel 2 to SW
Walnut Terrace. This proposed accessway is located within 10 feet of an abutting lot (6705 SW Walnut Terrace; WCTM
1S125DA, Tax Lot 2500). The area in between the subject property and Tax Lot 2500 contains an existing fence, trees,
and shrubs; accordingly, staff finds there is adequate screening provided between these properties, in compliance with
the standard outlined above. This criterion is met.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will
ensure access and maintenance rights shall be recorded with the approved partition plat.
The applicant is not proposing a common drive to serve more than one lot. This criterion does not apply.
7. Any accessway shall comply with Chapter 18.920, Access, Egress, and Circulation.
This criterion is addressed under Chapter 18.920 Access, Egress and Circulation of this administrative decision. This
criterion is met.
8. Where landfill or development is allowed within or adjacent to the special flood hazard area, the
city shall require consideration of the dedication of sufficient open land area for greenway
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adjoining and within the special flood hazard area. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the special flood hazard area in
compliance with the adopted pedestrian/bicycle pathway plan.
The proposed development is not located within or adjacent to the special flood hazard area. This criterion does not
apply.
9. Any variance or adjustment to the standards in this chapter shall be made in compliance with
Chapter 18.790, Variances and Adjustments. The applications for the partition and
variance/adjustment shall be processed concurrently. (Ord. 17-22 §2)
The applicant has requested a Type I Development Adjustment to reduce the east side yard setback on Parcel 1 from
five feet to four feet (20 percent). This request is addressed under Chapter 18.790 Variances and Adjustments of this
administrative decision, and is being processed concurrently with the applicant’s Type II Minor Land Partition. This
criterion is met.
18.910 Improvement Standards
18.910.030 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 chapter 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 development is a two-lot partition adjacent to SW Walnut Terrace, an existing Local Street under the City of
Tigard’s jurisdiction.
The site plans show that the existing right-of-way of Walnut Terrace does not meet the current standard cross section
of the Local Street. A 27-foot from centerline right-of-way dedication along the development frontage on Walnut
Terrace is provided for a total right-of-way width of 54 feet to meet the standard cross section.
The site plans also show that Walnut Terrace adjacent to the development has been improved with two-way travel lanes
and curb.
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
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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 narrative and site plans indicate that the street has already been improved. The Applicant does not propose to pay
a fee in-lieu for street improvements.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created through the
approval of a final plat; 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.
The existing right-of-way on Walnut Terrace is less than the current required right-of-way. The Applicant proposes to
dedicate 27 feet right-of-way from centerline on Walnut Terrace to provide two-way travel lanes at 24 feet wide, curb
and gutter, five-foot sidewalk and five-foot planter.
Dedication of right-of-way will be recorded via the partition plat approval.
C. Creation of access easements. The approval authority may approve an access easement established by
deed without full compliance with this chapter 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 compliance with the Oregon Fire Code,
Section 503.
2. Access shall be in compliance with 18.920.030.H, I, and J.
An access easement is proposed to serve Lot 2 located in the back of the property.
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 compliance with Subsection 18.910.030.N;
and
The proposed development is adjacent to Walnut Terrace, an existing street and the street grade will remain unchanged.
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.
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All the existing streets are shown on the plan.
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 Tigard Downtown Plan 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 provided in
Table 18.910.1.
The narrative and site plans indicate that the street adjacent to the development has been improved. However, the
existing right-of-way does not meet the Local Street right-of-way width. The Applicant proposes to dedicate 27 feet
right-of-way from centerline on Walnut Terrace meeting the Local Street right-of-way.
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 plan is proposed or deemed necessary.
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 not within 530 feet of a bus route.
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 street extension, cul-de-sac, or turnout is proposed or deemed necessary.
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,
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1995 which preclude street connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict adherence to other standards in
this code. A street connection or extension is considered precluded when it is not possible to
redesign or reconfigure the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15 percent 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.
No new street or street connection is proposed or deemed necessary.
I. Intersection angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as
practicable, except where topography requires a lesser angle, but in no case shall the angle be less than
75o unless there is special intersection design, and:
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet along the
right-of-way lines of the acute angle; and
3. Right-of-way lines at intersection with arterial streets shall have a corner radius of not less than 20
feet.
The development is located near the existing intersection of Walnut Terrace and 69th Ave. No change to the existing
intersection is proposed or deemed necessary. Neither Walnut Terrace nor 69th Ave is an Arterial Street.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are of less than
standard width, additional rights-of-way shall be provided at the time of subdivision or development.
The Applicant proposes to dedicate 27 feet of right-of-way dedication from centerline on Walnut Terrace.
N. Grades and curves.
1. Grades shall not exceed 10 percent on arterials, 12 percent on collector streets, or 12 percent on any
other street (except that local or residential access streets may have segments with grades up to 15
percent for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The proposed development is adjacent to Walnut Terrace, an existing street. The street and the grade of the street will
remain unchanged.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle ramps
and driveway approaches shall be constructed in compliance with standards specified in this chapter and
Chapter 15.04,Work in the Right-of-Way, and:
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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, and driveway approaches are shown on the submitted site plans.
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.
All boundary, internal monuments, and street monuments shall be established, reestablished and protected in
accordance with the City’s and County’s requirements and standards.
W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint
mailbox serving at least 2 dwelling units.
1. Joint mailbox structures shall be placed adjacent to roadway curbs;
2. Proposed locations of joint mailboxes shall be designated on 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.
Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and approval prior to
commencing site improvements.
Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the city’s
direction.
Prior to commencing of site improvements, the Applicant shall provide Engineering Division a photometric analysis of
the proposed development frontages for review and approval. Photometric analysis will follow the recommended
values and requirements per ANSI/IESNA. New streetlights are required based on the photometric analysis. If
required, the Applicant shall submit a plan showing the location of streetlights to Engineering for review and approval.
Type and color of pole and light fixture shall also be included on the plan for review and approval.
18.910.050 Easements
A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be
either dedicated or provided for in the deed restrictions, and where a development is traversed by a
watercourse or drainageway, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially with the lines of the watercourse.
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. (Ord. 17-22 §2)
The proposed development is not traversed by a watercourse or drainage way.
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The site plans do not show an eight-foot PUE along the right-of-way for the placement of franchise utilities. The PUE
shall be provided and recorded on the final plat.
18.910.070 Sidewalks
A. Sidewalks. All public and private streets adjacent to industrially zoned properties shall have sidewalks
meeting city standards along at least 1 side of the street. All other public and private streets shall have
sidewalks meeting city standards along both sides of the street. A development may be approved if an
adjoining street has sidewalks on the side adjoining the development, even if no sidewalk exists on the
other side of the street.
B. Requirement of developers.
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 0.50 miles 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).
C. Planter strip requirements. A planter strip separation of at least 5 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 18.910.1 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 1 street frontage.
D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing obligation of the
adjacent property owner.
E. Application for permit and inspection. Separate street opening permits are required for sidewalk segments
that are not part of a current subdivision approval:
1. An occupancy permit shall not be issued for a development until the provisions of this section are
satisfied.
2. The city engineer may issue a permit and certificate allowing temporary noncompliance with the
provisions of this section to the owner, builder or contractor when, in his or her opinion, the
construction of the sidewalk is impractical for one or more of the following reasons:
a. Sidewalk grades have not and cannot be established for the property in question within a
reasonable length of time;
b. Forthcoming installation of public utilities or street paving would be likely to cause severe
damage to the new sidewalk;
c. Street right-of-way is insufficient to accommodate a sidewalk on 1 or both sides of the
street; or
d. Topography or elevation of the sidewalk base area makes construction of a sidewalk
impractical or economically infeasible.
3. The city engineer shall inspect the construction of sidewalks for compliance with the provision set
forth in the standard specifications manual.
The proposed development does not generate an additional 1,000 vehicle trips or more per day.
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There is a sidewalk gap on both sides and within 300 feet of the development on Walnut Terrace.
The site plans indicate that there is no planter strip defined along the frontage of the development on Walnut Terrace.
The development will provide a planter strip meeting the City of Tigard planter strip requirements.
Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI Permit showing the
location of the sidewalk to Engineering for review and approval.
Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied.
Sidewalks in the public right-of-way or proposed public right-of-way will be inspected and approved by the City of
Tigard Engineering Division.
18.910.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in compliance with Clean Water Services requirements and 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 approval authority 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. (Ord. 17-22
§2)
The Applicant’s narrative and site plans indicate that the new lot will be serviced and connected to public sanitary sewer
system via a service lateral. The service will be served off the proposed sanitary sewer main on Walnut Terrace.
Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing the
proposed sanitary sewer system and associated facilities to be designed and constructed in accordance with the City of
Tigard and CWS Design and Construction Standards.
Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall be constructed,
completed, and/or satisfied.
No over-sizing of sanitary sewer is proposed or deemed necessary.
18.910.100 Storm Drainage
A. General provisions. The director and city engineer shall issue a development permit only where adequate
provisions for stormwater and floodwater runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
The site plans show that the existing public storm drainage and sanitary sewer systems on Walnut Terrace are separate
and independent from each other.
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2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
The site plans indicate that there is an existing public storm main along the development on Walnut Terrace. A
stormwater quality and detention facility will be provided on each lot in accordance with Clean Water Services Design
and Construction Standards prior to releasing to the existing storm system on Walnut Terrace. No surface water will be
carried across any intersection or allowed to flood any street.
Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit showing in
detail how run-off generated by the development will be collected, conveyed, treated, and detained to the Engineering
Division for review and approval. The design of storm drainage improvements shall be in accordance with Clean Water
Services Design and Construction Standards.
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 lots. The Applicant’s site
plans also include the proposed storm system and location of the catch basins and the water quality/detention
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 site is not traversed by a watercourse, drainageway, channel or stream.
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 Clean Water
Services requirements.
There is no upstream basin that flows across the subject site.
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 compliance with Clean Water Services requirements. (Ord. 17-22 §2)
A preliminary storm drainage report was submitted as part of the land use submittal.
Prior to commencing site improvements, the applicant shall submit a final storm drainage report as part of the PFI
Permit indicating how run-off generated by the development will be collected, conveyed, treated and detained to the
Engineering Division for review and approval. The storm drainage report must be prepared and include a
maintenance plan in accordance with CWS Design and Construction Standards and the City of Tigard Design
Guidelines.
Prior to commencing of site improvements, the applicant shall submit site plans as part of the PFI Permit indicating in
detail how run-off generated by the development will be collected, conveyed, treated and detained to Engineering
Division for review and approval.
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Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention facilities, shall
be constructed, completed, and/or satisfied.
18.910.120 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.
The narrative and site plans indicate that new utilities such as storm drainage, sanitary sewer, and water will be placed
underground.
B. Information on development plans. The applicant for a development shall show on the development plan
or in the explanatory information, easements for all underground 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.
An eight-foot PUE adjacent to the right-of-way for the placement of underground franchised utilities will be required.
Vison clearance area at each driveway approach shall be submitted for review and approval prior to commencing of site
improvements.
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 MU-CBD zone shall be exempt from the requirements for undergrounding
of utility lines and from the fee in-lieu of undergrounding.
4. The exceptions in Paragraphs 18.910.120.C.1–3 shall apply only to existing utility lines. All new
utility lines shall be placed underground.
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There are no existing overhead utilities along or on the opposite side of the street in front of the development on
Walnut Terrace. The narrative indicates that all new utilities serving the site will be 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 chapter.
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. (Ord. 17-22 §2)
No fee in-lieu of undergrounding is proposed or deemed necessary.
18.920 Access, Egress and Circulation
18.920.030 General Provisions
H. Access management.
1. An access report shall be submitted with all new development that 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 two-lot partition adjacent to Walnut Terrace, a Local Street. Sight distance of the site
was not included in the application package.
Prior to commencing site improvements, the applicant shall submit a preliminary sight distance certificate to
Engineering Division for review and approval.
Prior to final plat approval, the applicant shall submit a final sight distance certification indicating that sight distance is
still adequate to Engineering Division 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 development has less than 150 feet of street frontage, the
applicant shall 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.
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4. The minimum spacing of local streets along a local street shall be 125 feet.
The street adjacent to the development is a Local Street with no driveway spacing restriction. There is no Arterial or
Collector street nearby the site.
I. Minimum access requirements for residential uses.
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 18.920.1
and 18.920.2.
Table 18.920.1
Vehicular Access/Egress Requirements:
Residential Use (Six or fewer units)
Number Dwelling
Unit/Lots
Minimum Number of
Driveways Required Minimum Access Width Minimum Pavement
Width
1 or 2 1 15′ 10′
Parcel 1 meets the standard outlined above because it contains an existing paved driveway, and fronts SW Walnut
Terrace by approximately 71 feet. Parcel 2 meets the standard outlined above because it will connect to SW Walnut
Terrace via a 15-foot-wide “flag pole” accessway. This standard is met.
18.930 Vision Clearance Areas
18.930.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development including the construction of
new structures, the remodeling of existing structures and to a change of use that increases the on-site
parking or loading requirements or changes the access requirements.
This application is for a Type II Minor Land Partition, which is considered development. Accordingly, the requirements
of CDC 18.930 Vision Clearance Areas apply.
18.930.030 Vision Clearance Requirements
A. At corners. Except within the MU-CBD zone, a vision clearance area shall be maintained on the corners
of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing
access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure
or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding 3 feet in
height, measured from the top of the curb, or where no curb exists, from the street center line grade,
except that trees exceeding this height may be located in this area, provided all branches below 8 feet are
removed.
18.930.040 Computations
B. Non-arterial streets.
1. Non-arterial streets 24 feet or more in width. At all intersections of 2 non-arterial streets, a non-
arterial street and a driveway, and a non-arterial street or driveway and railroad where at least 1 of
the streets or driveways is 24 feet or more in width, a vision clearance area shall be a triangle
formed by the right-of-way or property lines along such lots and a straight line joining the right-of-
way or property line at points that are 30 feet distance from the intersection of the right-of-way line
and measured along such lines.
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Staff reviewed the applicant’s submitted site plan to confirm the subject site meets the vision clearance requirements
outlined above. Additionally, compliance with vision clearance requirements will be confirmed during the building
permit submittal process for all future development. These standards are met.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Easement:
Since the adjacent property to the south is not part to the partition land use application, any proposed easement
between the development and the adjacent property will be conveyed and recorded via deed document separately from
the partition plat.
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and approved by TVF&R
prior to commencement site improvements.
Public Water System:
The existing public water mains surrounding the proposed development are under the jurisdiction of TVWD.
Prior to commencing site improvements, submit site plans as part of the PFI Permit evidence of approval from
TVWD.
Prior to final plat approval, submit evidence of completion and acceptance from TVWD.
Storm Water Quality/Detention:
The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction
Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities.
The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water
runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating
the frequency and method to be used in keeping the facility maintained through the year.
Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection Authorization prior
to issuance of the City of Tigard PFI Permit. Plans shall be submitted to the City of Tigard for review. The city will
forward plans to CWS after preliminary review.
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 ensure that surface drainage is directed
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to the street or a public storm drainage system approved by the Engineering Department. For situations where the
back portions of lots drain away from a street and toward adjacent lots, appropriate private storm drainage lines shall be
provided to sufficiently contain and convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between 10 percent and
20 percent, as well as lots that will have natural slopes in excess of 20 percent. This information will be necessary in
determining if special grading inspections and/or permits will be necessary when the lots develop.
Address Assignments:
The City of Tigard is responsible for the approval of new street names and assigning addresses for parcels within the
city. The applicant shall submit an AutoCAD file of the preliminary plat for review of street names and/or address
assignments. Contact Oscar Contreras in the Engineering Division at (503) 718-2678 for the submission of the
AutoCAD file, and to ensure that any new street names and/or addresses are assigned. The applicant shall pay the
addressing fee, prior to permit submission. The addressing 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 AutoCAD 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 VII. OTHER STAFF COMMENTS
The City of Tigard Building Division was sent a copy of the applicant’s proposal, and had no objections.
The City of Tigard Police Department was sent a copy of the applicant’s proposal, and responded on September 12,
2018. 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 VIII. AGENCY COMMENTS
Clean Water Services issued a Service Provider Letter (CWS file 18-000756) to determine that Sensitive Areas do not
exist on site or within 200 feet of the site. The agency also submitted written comments, dated September 11, 2018,
requesting a condition of approval that requires the applicant to obtain Storm Water Connection Permit Authorization.
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 approval is conditioned to satisfy CWS requirements.
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Tualatin Valley Fire and Rescue was sent a copy of the applicant’s proposal, and had no objections.
Tualatin Valley Water District was sent a copy of the applicant’s proposal, and had no objections.
Attachments:
Attachment 1: Approved Preliminary Plat
Attachment 2: Zoning Map
Attachment 3: City of Tigard Engineering Division, Memorandum dated September 24, 2018
Attachment 4: City of Tigard Police Department, Written Comments dated September 12, 2018
Attachment 5: Clean Water Services, Comment Letter dated September 11, 2018
ATTACHMENT 1
Attachment 2: Zoning Map
Generalized Zoning Categories
Zoning Description
Residential
Mixed Use Residential
Commercial
Mixed Use
Triangle Mixed Use
Mixed Use Employment
Industrial
Parks and Recreation
WA-CNTY
Overlay Zones
Historic District Overlay
Planned Development Overlay
Subject Site
Map printed at 07:45 PM on 05-Sep-18
Information on this map is for general location only and should be verified with the
Development Services Division.
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO
WARRANTY, REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY,
TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN. THE
CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR
INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
COMMUNITY DEVELOPMENT DEPARTMENT
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
ENGINEERING COMMENTS PAGE 1
ATTACHMENT 3
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: September 24, 2018
TO: Lina Smith, Assistant Planner
FROM: Khoi Le, Principal Engineer
PROJECT: MLP2018-00002
WRIGHT PARTITION
18.910.030 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 development is a 2-lot Partition adjacent to SW Walnut Terrace, an existing Local Street under the
City of Tigard’s jurisdiction.
The site plans show that the existing right of way of Walnut Terrace does not meet the current
standard cross section of the Local Street. A 27-foot from centerline right of way dedication along
the development frontage on Walnut Terrace is provided for a total right of way width of 54 feet to
meet the standard cross section.
The site plans also show that Walnut Terrace adjacent to the development has been improved with
two-way travel lanes and curb.
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;
ENGINEERING COMMENTS PAGE 2
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.
The narrative and site plans indicate that the street has been improved. The Applicant does not propose
to pay a fee in lieu for street improvements.
B. Creation of rights-of-way for streets and related purposes. Rights-of-way shall be created
through the approval of a final subdivision plat or major partition; however, the council may
approve the creation of a street by acceptance of a deed, provided that such street is deemed
essential by the council for the purpose of general traffic condition.
1. The council may approve the creation of a street by deed of dedication without full
compliance with the regulations applicable to subdivisions or major partitions if any one or
more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential for the
purpose of general traffic circulation, and partitioning or subdivision of land has an
incidental effect rather than being the primary objective in establishing the road or
street for public use; or
b. The tract in which the road or street is to be dedicated is an isolated ownership of one
acre or less and such dedication is recommended by the commission to the council
based on a finding that the proposal is not an attempt to evade the provisions of this
title governing the control of subdivisions or major partitions.
c. The street is located within the downtown mixed use central business district and has
been identified on Figure 5-14A through 5-14L of the City of Tigard 2035 Transportation
System Plan as a required connectivity improvement.
2. With each application for approval of a road or street right-of-way not in full compliance with
the regulations applicable to the standards, the proposed dedication shall be made a condition
of subdivision and major partition approval.
a. The applicant shall submit such additional and justification as may be necessary to
enable the commission in its review to determine whether or not a recommendation for
approval by the council shall be made.
b. The recommendation, if any, shall be based upon a finding that the proposal is not in
conflict with the purpose of this title.
c. The commission in submitting the proposal with a recommendation to the council may
attach conditions which area necessary to preserve the standards of this title.
3. All deeds of dedication shall be in a form prescribed by the city and shall name “the public”
as grantee.
The existing right of way on Walnut Terrace is less than the current required right of way. The
Applicant proposes to dedicate 27 feet right of way from centerline on Walnut Terrace to provide two-
way travel lanes at 24 feet wide, curb and gutter, 5-foot sidewalk and 5-foot planter.
Dedication of right of way will be recorded via the partition plat approval.
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.
ENGINEERING COMMENTS PAGE 3
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 18.920.030.H and I.
An access easement is proposed to serve Lot 2 located in the back of the property.
D. Street location, width and grade. Except as noted below, the location, width and grade of all
streets shall conform to an approved street plan and shall be considered in their relation to
existing and planned streets, to topographic conditions, to public convenience and safety, and
in their appropriate relation to the purposed use of the land to be served by such streets:
1. Street grades shall be approved by the city engineer in accordance with subsection N of this
section; and
The proposed development is adjacent to Walnut Terrace, an existing street and the street grade will
remain unchanged.
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.
All the existing streets are shown on the plan.
E. Minimum Rights-of-Way and Street Widths: Unless otherwise indicated on an approved
street plan, or as needed to continue an existing improved street or within the Downtown
District, street right-of-way and roadway widths shall not be less than the minimum width
described below. Where a range is indicated, the width shall be determined by the decision-
making authority based upon anticipated average daily traffic (ADT) on the new street
segment. (The City Council may adopt by resolution, design standards for street
construction and other public improvements. The design standards will provide guidance for
determining improvement requirements within the specified ranges.) These are presented in
Table 18.810.1
1. The decision-making body shall make its decision about desired right-of-way width and
pavement width of the various street types within the subdivision or development after
consideration of the following:
a. The type of road as set forth in the comprehensive plan transportation chapter-
functional street classification.
b. Anticipated traffic generation.
c. On-street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f. Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
ENGINEERING COMMENTS PAGE 4
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
The narrative and site plans indicate that the street adjacent to the development has been improved.
However, the existing right of way does not meet the Local Street right of way width. The Applicant
proposes to dedicate 27 feet right of way from centerline on Walnut Terrace meeting the Local Street
right of way.
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 plan 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 not adjacent to within 530 feet of a bus route.
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 street extension, cul-de-sac, or turnout is proposed and deemed necessary.
G. Street spacing and access management. Refer to 18.920.030.H
H. Street alignment and connections
1. Full street connections with spacing of no more than 530 feet between connections is required
except where prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other restrictions existing prior to May
1, 1995 which preclude street connections. A full street connection may also be exempted due to
a regulated water feature if regulations would not permit construction.
2. All local, neighborhood routes and collector streets which abut a development site shall be
extended within the site to provide through circulation when not precluded by environmental or
topographical constraints, existing development patterns or strict adherence to other standards
in this code. A street connection or extension is 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.
ENGINEERING COMMENTS PAGE 5
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 development shall provide an internal network of connecting streets that provide short,
direct travel routes and minimize travel distances within the development.
Street connection is not proposed or deemed necessary.
I. Intersection angles. Street shall be laid out so as to intersect at an angle as near to a right
angle as practical, except where topography requires a lesser angle, but in no case shall the
angle be less than 75° unless there is special intersection design, and:
1. Streets shall have at least 25 feet of tangent adjacent to the right-of-way intersection unless
topography requires a lesser distance;
2. Intersections which are not at right angles shall have a minimum corner radius of 20 feet
along the right of way line of the acute angles;
3. Right-of-way lines intersection with arterial streets shall have a corner radius of not less
than 20 feet.
The development is located near the existing intersection of Walnut Terrace and 69th Ave. No change to
the existing intersection is proposed or deemed necessary. Neither Walnut Terrace nor 69th Ave is an
Arterial Street.
J. Existing rights-of-way. Whenever existing rights-of-way adjacent to or within a tract are less
than standard width, additional rights-of-way shall be provided at the time of subdivision or
development.
The Applicant proposes to dedicate 27 feet of right of way dedication from centerline on Walnut
Terrace.
K. Partial street improvements. Partial street improvements resulting in a pavement width of
less than 20 feet, while generally not acceptable, may be approved where essential to reasonable
development when in conformity with the other requirements of these regulations, and when it
will be practical to require the improvement of the other half when adjoining property
developed.
No partial improvement is proposed.
L. Cul-de-sac
No cul-de-sac is proposed or deemed necessary.
M. Street name. No street name shall be used which will duplicate or be confused with the
names of existing streets in Washington County, except for extensions of existing streets. Street
names and numbers shall conform to the established pattern in the surrounding area and as
approved by the city engineer.
No new street name is proposed or deemed necessary.
N. Grades and curves.
ENGINEERING COMMENTS PAGE 6
1. Grades shall not exceed 10% on arterials, 12% on collector streets, or 12% on any other
street (except that local or residential access streets may have segments with grades up to
15% for distances of no greater than 250 feet); and
2. Centerline radii of curves shall be as determined by the city engineer.
The proposed development is adjacent to Walnut Terrace, an existing street. The street and the grade of
the street will remain unchanged.
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, and driveway approaches are shown on the submitted site plans.
P. Street adjacent to railroad right-of-way.
The proposed site 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 is not adjacent to a Collector Street or an Arterial Street.
R. Alleys, public or private.
The site does not propose any alleys, public or private.
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.
All boundary, internal monuments, and street monuments shall be established, reestablished and
protected in accordance with the City’s and County’s requirements and standards.
ENGINEERING COMMENTS PAGE 7
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.
U. Railroad Crossing.
The proposed site 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 additional street signs are proposed or deemed necessary.
W. Mail Boxes. Joint mailbox facilities shall be provided in all residential developments,
with each joint mailbox serving at least two dwelling units.
1. Joint mailbox structures shall be placed adjacent to road curbs;
2. Proposed locations of joint mailboxes shall be designed on a copy of the preliminary plat
or development plan, and shall be approved by the city engineer/U.S. post office prior to
final plan approval; and
3. Plans for the joint mailbox structures to be used shall be submitted for approval by the
city engineer/U.S. post office prior to final approval.
Mailboxes are not shown on the site plans. Mailbox locations must be submitted for review and
approval prior to commencing site improvement.
X. Traffic Signal. The location of traffic signals shall be noted on approval street plans.
Where a proposed street intersection will result in an immediate need for a traffic signal, a
signal meeting approval specifications shall be installed. The cost shall be included as a
condition of development.
No traffic signal is required. This standard is not applicable.
Y. Streetlight standards. Streetlights shall be installed in accordance with regulations
adopted by the city’s direction.
Prior to commencing of site improvements, the Applicant shall provide Engineering Division a
photometric analysis of the proposed development frontages for the review and approval.
Photometric analysis will follow the recommended values and requirements per ANSI/IESNA.
New streetlights are required based on the photometric analysis. If required, the Applicant shall
submit a plan showing the location of streetlights to Engineering for review and approval. Type and
color of pole and light fixture shall also be included on the plan for review and approval.
Z. Street name signs. Street name signs shall be installed at all street intersections. Stop
signs and other signs may be required.
No additional street sign is proposed or deemed necessary.
ENGINEERING COMMENTS PAGE 8
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.
Pavement reconstruction is not proposed.
BB. Traffic calming. When, in the opinion of the city engineer, the proposed development
will create negative traffic condition on existing neighborhood streets, such as excessive
speeding, the developer may be required to provide traffic calming measures. These
measures may be required within the development and/or offsite as deemed appropriate. As
an alternative, the developer may be required to deposit funds with the city to help pay for
traffic calming measures that become necessary once the development is occupied and the
city engineer will determine the amount of funds required, and will collect said funds from
the developer prior to the issuance of a certificate of occupancy, or in the case of subdivision,
prior to the approval of the final plat. The funds will be held by the city for a period of five
years from the date of issuance of certificate of occupancy, or in the case of a subdivision,
the date of final plat approval. Any funds not used by the city within the five-year time
period will be refunded to the developer.
No traffic calming is proposed or deemed necessary.
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 the 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.
ENGINEERING COMMENTS PAGE 9
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.
Traffic Impact Analysis (TIA) is not required or deemed necessary.
18.910.050 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.
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 proposed development is not traversed by a watercourse or drainage way.
The site plans does not show that an 8-foot Public Utility Easement (PUE) along the right of way for
the placement of franchise utilities is in place. The PUE shall be provided and recorded on 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 street is proposed or deemed necessary. The development will need to provide sidewalk
along the frontage on Walnut Terrace meeting the City of Tigard standard sidewalk.
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 ½ mile of their site to all transit facilities and
neighborhood activity centers (schools, parks, libraries, etc.). In addition, the developer may
ENGINEERING COMMENTS PAGE 10
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).
The proposed development does not generate an additional 1,000 vehicle trips or more per day.
There is a sidewalk gap on both sides and within 300 feet of the development on Walnut Terrace.
C. Planter strip requirements. A planter strip separation of at least five feet between the
curb and the sidewalk shall be required in the design of streets, except where the following
conditions exist: There is inadequate right-of-way; the curbside sidewalks already exist on
predominant portions of the street; it would conflict with utilities; there are significant
natural features (large trees, water features, significant habitat areas, etc.) that would be
destroyed if the sidewalk were located as required; or where there are existing structures in
close proximity to the street (15 feet or less) or where the standards in Table 18.810.1 specify
otherwise. Additional consideration of exempting the planter strip requirement may be
given on a case-by-case basis if a property abuts more than one street frontage.
The site plans indicate that there is not planter strip defined along the frontage of the development on
Walnut Terrace. The development will provide a planter strip meeting the City of Tigard planter strip
requirements.
D. Maintenance. Maintenance of sidewalks, curbs, and planter strips is the continuing
obligation of the adjacent property owner.
It is the adjacent property owner’s obligation to continue maintaining the adjacent sidewalks, curbs
and planter strips.
E. Application for permit and inspection. If the construction of a sidewalk is not included
in the performance bond of an approved subdivision or the performance bond has lapsed,
then every person, firm or corporation desiring to construct sidewalks as provided by this
chapter, shall be before entering upon the work or improvement, apply for a street opening
permit to the Engineering Department to so build or construct:
1. An occupancy permit shall not be issued for a development until the provision of this
section is satisfied.
2. The city engineer may issue a permit and certificate allowing temporary noncompliance
with the provision of this section to the owner, builder or contractor when, in his or her
opinion, the construction of the sidewalk is impractical for one or more of the following
reasons:
a. Sidewalk grades have not and cannot be established for the property in question
within a reasonable length of time.
b. Forthcoming installation of public utilities or street paving would be likely to cause
severe damage to the new sidewalk.
c. Street right-of-way is insufficient to accommodate a sidewalk on one or both sides of
the street; or,
d. Topography or elevation of the sidewalk base area makes construction of sidewalk
impractical or economically infeasible.
3. The city engineer shall inspect the construction of sidewalks for compliance with the
provision set forth in the standard specifications manual.
ENGINEERING COMMENTS PAGE 11
Prior to commencing of site improvements, the Applicant shall submit site plans as part of the PFI
Permit showing the location of sidewalk to Engineering for review and approval.
Prior to Final Plat Approval, the sidewalk shall be constructed, completed, and/or satisfied.
Sidewalk in the public right of way or proposed public right of way will be inspected and approved by
the City of Tigard Engineering Division.
18.910.090 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 and site plans indicate that new lot will be serviced and connected to public
sanitary sewer system via a service lateral. The service will be served off the proposed sanitary sewer
main on Walnut Terrace.
Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing the
proposed sanitary sewer system and associated facilities to be designed and constructed in
accordance with the City of Tigard and CWS Design and Construction Standards.
Prior to Final Plat Approval, the proposed public sanitary sewer system and associated facilities shall
be constructed, completed, and/or satisfied.
No over-sizing of sanitary sewer is proposed or deemed necessary.
18.910.100 Storm Drainage
A. General provisions. The director and city engineer shall issue a development permit only
where adequate provisions for stormwater and floodwater runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary
sewerage system;
The site plans show that the existing public storm drainage and sanitary sewer systems on Walnut
Terrace are separate and independent from each other.
2. Where possible, inlets shall be provided so surface water is not carried across any
intersection or allowed to flood any street; and
The site plans indicate that there is an existing public storm along the development on Walnut
Terrace. A stormwater quality and detention facility will be provided on each lot in accordance with
CleanWater Services Design and Construction Standards prior to releasing to the existing storm
system on Walnute Terrace. No surface water will be carried across any intersection or allowed to
ENGINEERING COMMENTS PAGE 12
flood any street.
Prior to commencing of site improvements, submit site plans as part of the PFI Permit showing in
detail how run-off generated by the development will be collected, conveyed, treated, and detained to
the Engineering Division for review and approval. The design of storm drainage improvement shall
be in accordance with CleanWater Services Design and Construction Standards.
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 lots. The
Applicant’s site plans also include the proposed storm system and location of the catch basins and
the water quality/detention 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 site is not traversed by a watercourse, drainageway, channel or stream.
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 subject site.
D. Effect on downstream drainage. Where it is anticipated by the city engineer that the
additional runoff resulting from the development will overload an existing drainage facility,
the director and engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions have been made
for storage of additional runoff caused by the development in accordance with the Design
and Construction Standards for Sanitary and Surface Water Management (as adopted by the
Unified Sewerage Agency in 1996 and including any future revisions or amendments).
A preliminary storm drainage report was submitted as part of the land use submittal.
Prior to commencing site improvements, submit a final storm drainage report as part of the PFI
Permit indicating how run-off generated by the development will be collected, conveyed, treated and
detained to Engineering Division for review and approval. The storm drainage report shall be
prepared and include a maintenance plan in accordance with CWS Design and Construction
Standards and the City of Tigard Design Guidelines.
Prior to commencing of site improvements, submit site plans as part of the PFI permit indicating in
detail how run-off generated by the development will be collected, conveyed, treated and detained to
Engineering Division for review and approval.
Prior to Final Plat Approval, all public stormwater drainage system, including water quality and detention
facilities shall be constructed, completed, and/or satisfied.
18.910.110 Bikeways and Pedestrian Pathways
A. Bikeway extension.
1. As a standard, bike lanes shall be required along all arterial and collector routes and where
identified on the city’s adopted bicycle plan in the transportation system plan (TSP). Bike lane
ENGINEERING COMMENTS PAGE 13
requirements along collectors within the downtown urban renewal district shall be determined
by the city engineer unless specified in Table 18.810.1.
2. Developments adjoining proposed bikeways identified on the city’s adopted
pedestrian/bikeway plan shall include provisions for the future extension of such bikeways
through the dedication of easements or rights-of-way, provided such dedication is directly
related to and roughly proportional to the impact of the development.
3. Any new street improvement project shall include bicycle lanes as required in this document
and on the adopted bicycle plan.
The proposed development is adjacent to Walnut Terrace, a Local Street, and not a designated bike
route.
18.910.120 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.
The narrative and site plans indicates that new utilities such as storm drainage, sanitary sewer, and
water will be placed underground.
B. Information on development plans. The applicant for a development shall show on the
development plan or in the explanatory information, easements for all underground facilities,
and:
1. Plans showing the location of all underground facilities as described herein shall be
submitted to the city engineer for review and approval;
2. Care shall be taken in all cases to ensure that above ground equipment does not obstruct
vision clearance areas for vehicular traffic.
An 8-foot PUE adjacent to the right of way for the placement of underground franchised utilities will
be required.
Vison clearance area at each driveway approach shall be submitted for review and approval prior to
commencing of site improvements.
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.
ENGINEERING COMMENTS PAGE 14
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.
There are no existing overhead utilities along or on the opposite side of the street in front of the
development on Walnut Terrace. The narrative indicates that all new utilities severing the site will be
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.
No fee in lieu of undergrounding is proposed or deemed necessary.
18.920.030. General Provision
18.920.30.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 adjacent to Walnut Terrace, a Local Street. Sight
distance of the site was not included in the application package.
Prior to commencing site improvement, submit a preliminary sight distance certificate to Engineering
Division for review and approval.
Prior to final plat approval, submit a final sight distance certification indicating that sight distance is
still adequate to Engineering Division 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
ENGINEERING COMMENTS PAGE 15
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 street adjacent to the development is a Local Street with no driveway spacing restriction. There
is no Arterial or Collector street nearby the site.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Fire and Life Safety:
Emergency vehicle turn around, location of fire hydrants, and fire flow must be reviewed and
approved by TVF&R prior to commencement site improvements.
Public Water System:
The existing public water mains surrounding the proposed development are under the Tualatin
Valley Water District (TVWD) jurisdiction.
The site plans indicate that services will be provided to serve the new lot from the existing water
main on Walnut Terrace.
Prior to commencing site improvements, submit site plans as part of the PFI Permit evidence of
approval from the TVWD.
Prior to final plat approval, submit evidence of completion and acceptance from TVWD.
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.
Public stormwater facilities will required three years of maintenance from the developer prior to the
City taking over the maintenance responsibility.
Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater Connection
Authorization prior to issuance of the City of Tigard PFI permit. Plans shall be submitted to the City
of Tigard for review. The city will forward plans to CWS after preliminary review.
Grading and Erosion Control:
ENGINEERING COMMENTS PAGE 16
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
Department. For situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to sufficiently contain and
convey runoff from each lot.
The design engineer shall also indicate, on the grading plan, which lots will have natural slopes between
10% and 20%, as well as lots that will have natural slopes in excess of 20%. This information will be
necessary in determining if special grading inspections and/or permits will be necessary when the lots
develop.
Address Assignments:
The City of Tigard is responsible for the approval of new street names and assigning addresses for
parcels within the City of Tigard. Submit an Autocad file of the preliminary plat for the review of
street name and assigning addresses. Contact Oscar Contreras with Engineering Division at 503-
718-2678 for the submission of the Autocad file and ensuring that new street names are approved
and addresses are assigned. Prior to permit submission 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 Autocad 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).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO PERMIT
SUBMISSION:
ENGINEERING COMMENTS PAGE 17
1. The City of Tigard is responsible for the approval of new street names and assigning
addresses for parcels within the City of Tigard. Submit an Autocad file of the preliminary
plat for the review of street name and assigning addresses. Contact Oscar Contreras with
Engineering Division at 503-718-2678 for the submission of the Autocad file and ensuring
that new street names are approved and addresses are assigned. Prior to permit submission
pay the addressing fee. The address fee shall be assessed in accordance with the current
Master Fee Schedule.
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:
2. Improvements associated with public infrastructures including street and right of way
dedication, utilities, grading, water quality and quantity facility, streetlights, easements,
easement locations, and utility connection for future utility extensions shall be designed in
accordance with the following codes and standards:
City of Tigard Public Improvement Design Standards
CleanWater Services (CWS) Design and Construction Standards
Tigard Community Development Codes, Municipal Codes
Fire Codes
Other applicable County, State, and Federal Codes and Standard Guidelines
3. Improvements associated with public infrastructures including street and right of way
dedication, utilities, grading, water quality and quantity facility, streetlights, easements,
easement locations, and utility connection for future utility extensions are subject to the City
Engineer’s review, modification, and approval.
4. Prior to commencing site improvements, a Public Facility Improvement (PFI) Permit is
required for this project to cover all infrastructure work including stormwater Water Quality
and Quantity Facilities and any other work in the public right-of-way. Four (4) sets of
detailed public improvement plans shall be submitted for review to the Engineering
Department. An Engineering cost estimate of improvements associated with public
infrastructures including but not limited to street, street grading, utilities, stormwater quality
and water quantity facilities, sanitary sewer, streetlights, and franchise utilities shall be
required at the time of PFI Permit submittal. When the water system is under the City of
Tigard jurisdiction, an Engineering cost estimate of water improvement shall be listed as a
separate line item from the total cost estimate. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include sheets relevant to public
improvements. Public Facility Improvement permit plans shall conform to City of Tigard
Public Improvement Design Standards, which are available at City Hall and the City’s web
page (www.tigard-or.gov).
5. 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
ENGINEERING COMMENTS PAGE 18
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.
6. Prior to commencing site improvements, the Applicant shall provide a construction vehicle
access and parking plan for approval by the City Engineer. The purpose of this plan is for
parking and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided onsite. No construction vehicles or
equipment will be permitted to park on the adjoining residential public streets. Construction
vehicles include the vehicles of any contractor or subcontractor involved in the construction
of site improvements or buildings proposed by this application, and shall include the vehicles
of all suppliers and employees associated with the project.
7. Prior to commencing site improvements, the Applicant shall provide Engineering Division a
photometric analysis for the review and approval. New LED streetlights are required based
on the photometric analysis; the Applicant shall submit plans showing the location of
streetlights to Engineering Division for review and approval. Type and color of pole and
light fixture shall also be included on the plan for review and approval.
8. Prior to commencing site improvements, the Applicant shall submit plans showing the
following items to Engineering for review and approval:
SW Walnut Terrace shall include and shall be shown to have:
27-foot from centerline right of way dedication
24-foot minimum from centerline asphalt concrete pavement meeting City of Tigard
Local Street cross section
Curb and gutter
5-foot planter
5-foot concrete sidewalk
8-foot PUE
Street trees in the planter strip spaced per TDC requirements
Streetlights as recommended from the approved photometric analysis
Storm drainage improvement meeting CleanWater Services Design and
Construction Standards
Underground utilities
Planter can be eliminated and 6-foot concrete sidewalk can be provided as the
alternatives to the 5-foot planter and 5-foot sidewalk standards.
9. Prior to commencing site improvements, submit site plans and a final storm drainage report
as part of the PFI Permit indicating how run-off generated by the development will be
collected, conveyed, treated and detained to Engineering Division for review and approval.
The storm drainage report shall be prepared and include a maintenance plan in accordance
with CWS Design and Construction Standards and the City of Tigard Standards.
10. Prior to commencing site improvements, the Applicant shall obtain a CWS Stormwater
Connection Authorization prior to issuance of the City of Tigard PFI Permit. Plans shall be
submitted to the City of Tigard for review. The city will forward plans to CWS after
preliminary review.
11. Prior to commencing of site improvements, submit site plans as part of the PFI Permit
showing the proposed sanitary sewer system and associated facilities to be designed and
ENGINEERING COMMENTS PAGE 19
constructed in accordance with the City of Tigard and CWS Design and Construction
Standards.
12. Prior to commencing site improvements, submit site plans as part of the PFI Permit
evidence of approval from the TVWD.
13. 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.
14. Prior to commencing site improvements, an erosion control plan shall be provided as part of
the Public Facility Improvement permit drawings. The plan shall conform to the "CWS
Erosion Prevention and Sediment Control Design and Planning Manual” (current edition)
and submitted to City of Tigard with the PFI plans.
15. Prior to commencing site improvements, a final grading plan shall be submitted showing the
existing and proposed contours. The plan shall detail the provisions for surface drainage of
all lots, and show that they will be graded to insure that surface drainage is directed to the
street or a public storm drainage system approved by the Engineering Division.
16. 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.
17. Prior to commencing site improvements, submit Autocad file of the construction plan to the
City for GIS purposes.
THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO APPROVAL
OF THE FINAL PLAT
18. Prior to final plat approval, all improvements associated with public infrastructures including
but not limited to street improvement under the City of Tigard jurisdiction shall be
constructed, completed and/or satisfied. The Applicant shall obtain conditional acceptance
from the City, and provide a one-year maintenance assurance for said improvements.
19. Prior to final plat approval, submit evidence of completion and acceptance from TVWD.
20. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
21. 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.
22. 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.
23. 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.
ENGINEERING COMMENTS PAGE 20
24. Submit a check in the amount of the current final plat review fee (Contact Planner on Duty,
at 503718-2421)
25. Prior to final plat approval, the Applicant shall submit to the Engineering Division the Final
Sight Distance Certification indicating that sight distance is still adequate.
26. Prior to final plat approval, provide Autocad files of the as-built drawings.
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING
SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN
EXCLUSIVE LIST:
18.830.070 Improvement Agreement:
Before City approval is certified on the final plat, and before approved construction plans are issued
by the City, the Developer 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
Developer. 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.
18.830.080 Bond:
As required by Section 18.830.080, the Developer 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 Developer 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 Developer shall not cause termination of nor allow
expiration of said guarantee without having first secured written authorization from the City.
18.830.90 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.
18.830.060 Final Plat Application Submission Requirements:
Three copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and
necessary data or narrative. 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.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
ENGINEERING COMMENTS PAGE 21
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, culde-sac center points, and curve points. The tops of all monument boxes shall be set to
finished pavement grade.
18.910.120 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.
18.910.130 Cash or Bond Required
All improvements installed by the Developer shall be guaranteed as to workmanship and material for
a period of one year following acceptance by the City. Such guarantee shall be secured by cash
deposit or bond in the amount of the value of the improvements as set by the City Engineer. The
cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.910.150 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.
18.910.180 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.
18.910.200 Engineer's Certification
The land Developer's Design 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.
ATTACHMENT 4
ATTACHMENT 5
July 11, 2018
Garo and Crystal L. Wright
6815 SW Walnut Terrace
Tigard, OR 97223
Project: Wright Partition
Site: 6815 SW Walnut Terrace; WCTM 1S125DA, Tax Lot 2400
Land Use Files: MLP2018-00002 and ADJ2018-00015
Dear Property Owner(s):
On June 26, 2018, the City received your application for a two-lot partition at 6815 SW Walnut Terrace
(WCTM 1S125DA, Tax Lot 2400), and a development adjustment to reduce the side yard setback
requirement. Staff has evaluated your application for completeness against Tigard’s submittal
requirements, and determined that additional information is required.
I. Completeness Items
In order for your application to be deemed complete, please make the following revisions to your
Urban Forestry Plan. If minimum effective tree canopy requirements cannot be met through tree
preservation or planting, there is an option to pay a fee in-lieu ($2.95 per square foot of tree canopy).
Recalculate effective tree canopy using the attached table as a template. Make sure to calculate
bonus canopy credit as follows:
o 2x canopy area for any preserved on-site trees
o 1.25x canopy area for any newly planted trees that are identified on the attached Native
Trees List
Demonstrate compliance with the minimum effective tree canopy requirements:
o Parcel 1: Minimum 1,157 square feet effective tree canopy (15% × 7,715 square feet)
o Parcel 2: Minimum 1,470 square feet effective tree canopy (15% × 9,797 square feet;
for tree canopy calculations, “flag pole” area is included)
o Overall Development Site: Minimum 7,005 square feet effective tree canopy (40% ×
17,512 square feet)
Determination of Completeness Page 2
Land Use Files MLP2018-00002 and ADJ2018-00015
II. Re-submittal Requirements
Please submit one (1) copy of the revised Urban Forestry Plan.
III. Completeness Options
This letter contains the completeness review from all relevant City Departments.
Please be advised that no further action will be taken on your application until one of the following
events occurs: (1) you submit all completeness items, (2) you submit some completeness items and
request that the City deem your application complete, or (3) you submit no completeness items and
request that the City deem your application complete. Once your application is deemed complete,
staff will review your application for approvability.
IV. When Your Application Become Void
Per ORS 227.178, your application will be void if one of the three actions listed above is not taken
within 180 days of the date you submitted your application. The date on which your application would
become void is December 23, 2018. Please be aware that application fees are non-refundable. If an
application becomes void, the City may retain some or all of the related application deposits.
If you have any questions or concerns, please feel free to contact me at (503) 718-2438 or
LinaCS@tigard-or.gov.
Sincerely,
Lina Smith
Assistant Planner
Copy: MLP2018-00002 and ADJ2018-00015 Land Use Files
Urban Forestry Plan –Supplemental Report Example Template
Effective Tree Canopy Cover Summary
*Lot or
Tract #
(exclude
streets)
Lot or Tract
Area (ft2)
2x Canopy
Area (ft2) of
Preserved
Trees
(w/ cond. and
pres.≥2)
2x Canopy
Area (ft2) of
Preserved
Stands
(w/ cond. and
pres.≥2)
1.25x Mature
Canopy
Area (ft2) of
Native
Planted
Trees
Mature
Canopy
Area (ft2) of
Non-Native
Planted
Trees
1.25x Mature
Canopy
Area (ft2) of
Planted
Stands
Total Canopy
Area (ft2) per
lot or tract
Effective %
Canopy
(Canopy Area
÷
Lot or Tract
Area)
Total
*Note: effective tree canopy cover is required to be calculated on a lot/tract by lot/tract basis only in the R-1, R-2, R-3.5, R-4.5 and R-7 districts.
The standard percentage of effective tree canopy cover for each lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts shall be at least
15 percent.
The standard percentage of effective tree canopy cover for the overall development site shall be at least:
i. 40% for R-1, R-2, R-3.5, R-4.5 and R-7districts, except for schools (18.130.050(J));
ii. 33% for R-12, R-25, R-40, C-N, C-C, C-G, C-P, MUE, MUE-1, MUE-2, MUC, MUR and I-P districts, except for schools
(18.130.050(J)); and
iii. 25% for MU-CBD, MUC-1, I-L and I-H districts, and for schools (18.130.050(J)) in all districts.
Appendix 5
Common Name Scientific Name
Height
(feet)
Spread
(feet)
Canopy
Area Stature
Suitable for
Under Powerlines Primary Habitat Types
Grand Fir Abies grandis 150'40'1256 sq. ft. Large No Wetland, Riparian, Upland
Big-leaf Maple Acer macrophyllum 65'50'1963 sq. ft. Large No Upland
Red Alder Alnus rubra 100'40'1256 sq. ft. Large No Riparian, Upland
Madrone Arbutus menziesii 40'30'707 sq. ft. Medium No Upland
Pacific Dogwood Cornus nuttallii 40'30'707 sq. ft. Medium No Upland
Black Hawthorn Crataegus douglasii 25'20'314 sq. ft. Small Yes Wetland, Riparian, Upland
Oregon Ash Fraxinus latifolia 60'30'707 sq. ft. Large No Wetland, Riparian
Ponderosa Pine Pinus ponderosa 200'30'707 sq. ft. Large No Upland
Black Cottonwood Populus balsamifera ssp. trichocarpa 175'40'1256 sq. ft. Large No Wetland, Riparian
Quaking Aspen Populus tremuloides 30'15'177 sq. ft. Medium No Wetland, Riparian
Bitter Cherry Prunus emarginata 30'20'314 sq. ft. Medium No Riparian, Upland
Douglas Fir Pseudotsuga menziesii 180'40'1256 sq. ft. Large No Upland
Oregon White Oak Quercus garryana 65'50'1963 sq. ft. Large No Upland
Cascara Rhamnus purshiana 35'25'491 sq. ft. Medium No Riparian, Upland
Pacific Willow Salix lucida ssp. lasiandra 40'30'707 sq. ft. Medium No Wetland, Riparian
Rigid Willow Salix rigida var. macrogemma 30'20'314 sq. ft. Small No Wetland, Riparian
Scouler Willow Salix scouleriana 40'40'1256 sq. ft. Medium No Wetland, Riparian, Upland
Pacific Yew Taxus brevifolia 40'30'707 sq. ft. Medium No Riparian, Upland
Western Red Cedar Thuja plicata 100'30'707 sq. ft. Large No Wetland, Riparian, Upland
Western Hemlock Tsuga heterophylla 150'40'1256 sq. ft. Large No Riparian, Upland
Native Trees
August 21, 2018
Garo and Crystal L. Wright
6815 SW Walnut Terrace
Tigard, OR 97223
Project: Wright Partition
Site: 6815 SW Walnut Terrace; WCTM 1S125DA, Tax Lot 2400
Land Use Files: MLP2018-00002 and ADJ2018-00015
Dear Property Owner(s):
Please be advised that the above referenced land use application has been deemed complete as of
August 21, 2018, in accordance with Tigard’s submittal requirements and Oregon Revised Statutes
227.178. The 120-day deadline by which the City must reach a final decision on this application is
December 19, 2018.
Please submit the following copies and additional materials, which will be routed to other departments
and agencies for review:
One (1) completed “Request for 500’ Property Owner Notification” form
Four (4) copies of all application materials
Four (4) full-sized sets of plans
Eight (8) reduced-sized sets of plans (on 8½” x 11” or 11” x 17” paper)
One (1) compact disc with electronic copies of all application materials and plans
If you decide to withdraw your application before a decision is rendered, please be aware that
application fees may not be fully refundable. Please feel free to contact me at (503) 718-2438 or
LinaCS@tigard-or.gov should you have any questions.
Sincerely,
Lina Smith
Assistant Planner
Copy: MLP2018-00002 and ADJ2018-00015 Land Use Files
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 1 of 2
Notice of a Type II Decision
Minor Land Partition
Wright Partition
Case IDs: MLP2018-00002 and ADJ2018-00015
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 , and the proposal is described below.
Tigard Community Development Contact Information
Date of Notice: Thursday, September 27, 2018 120 days = Wednesday, December 19, 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 City of Tigard Permits Center.
If you would like to appeal this land use decision, we need to receive your completed appeal form b y 5
p.m. on Thursday, October 11, 2018 . Please include the Case ID s: MLP2018 -00002 and ADJ2018 -00015.
Please hand-deliver your completed appeal form (which will be date-stamped) and pay the associated appeal fee
at the City of Tigard 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.
This decision is final on Thursday, September 27, 2018 , unless an appeal is filed. The decision will go
into effect on Friday, October 12, 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
Description of the Proposal:
The applicant is requesting a Minor Land Partition to divide a 0.41 -acre site into two (2) parcels. An existing
detached, single -family home will remain on Parcel 1, and Parcel 2 will be a flag lot that connects to SW Walnut
Terrace via a 15 -foot -wide “fla g pole” accessway. Parcel 1 will be 7,716 square feet in size, and Parcel 2 will be
8,168 square feet in size (exclusive of the “flag pole” area). The applicant also requests an adjustment to reduce
the east side yard setback on Parcel 1 from 5 feet to 4 feet (20%).
Applicant: Garo Wright
6815 SW Walnut Terrace
Tigard, OR 97223
Owners: Garo and Crystal L. Wright
6815 SW Walnut Terrace
Tigard, OR 97223
Proposal Address: 6815 SW Walnut Terrace
Legal Description: WCTM 1S125DA, Tax Lot 2400
City of Tigard, Community Development Division 13125 SW Hall Blvd., Tigard, Oregon 97223 Page 2 of 2
Zoning: R-4.5: Low-Density Residential Zone
Applicable
Approval Criteria:
Community Development Code Chapters 18.110, 18.310, 18.320, 18.520, 18.710, 18.790,
18.820, 18.910, 19.920, and 18.930.
Appeal Procedure Details
A Type II decision is final for purposes of appeal on the date the notice is mailed. A Type II decision becomes
effective on the day after the appeal period expires, unless an appeal is filed. Any party with standing as provided
in Section 18.710.090.A may appeal this decision in accorda nce with Section 18.710.090 of the Community
Development Code of the City of Tigard, which provides that a written appeal together with the required fee
shall be filed with the Director within 15 days of the date the Notice of Decision was mailed. The appe al fee
schedule and forms are available at the City of Tigard Permits Center, 13125 SW Hall Blvd., Tigard, OR 97223.
All appeal hearings shall be de novo, which allows for the presentation of new evidence, testimony, and argument
by any party. 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 a n appeal is 5 p.m. on Thursday, October 11, 2018 .
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENT
Master Land Use Application
LAND USE APPLICATION TYPE
X .A ci cis trn t/Variance (II)
ri Comprehensive Plan Amendment (Legislative)
D Conditional Use (III)
Development Code Amendment (Legislative)
El Discretionary Urban Forestry Plan Review (III)
Downtown Design Review (II, III)
Li Historic Overlay (II or III)
D Home Occupation (II)
X Land Partition (II)
O Planned Development (III)
D Sensitive Lands Review (II or III)
Li Site Development Review (II)
CI Subdivision (II)
O Transportation Mitigation (II)
CI Urban Forestry Plan Modification (I)
O Zone Change (III or Legislative)
O Zone Change Annexation (III or Legislative)
NOTE: For required submittal elements, please refer to your pre-application conference notes.
PROPOSAL SUMMARY (Brief description)
Two Lot Partition, special adjustment to allow the east side yard of Parcel Ito be 4.6 feet from the flag access for Parcel 2. Please refe
to the narrative for more specific information regarding this application.
PROPERTY INFORMATION (where proposed activity will occur)
Location (address if available): 6815 SW Walnut Terrace Tigard. Oregon 9722
Tax maps and tax lot #s: 1S125DA02400
Total site size: 0.41 Acres Zoning classification: R4.5
FOR STAFF USE ONLY
APPLICANT INFORMATION
Name: Garo Wright
Mailing address: 6815 SW Walnut Terrace
City/state: Tigard, OR Zip: 97223
Phone number:
Primary contact name: Same as applicant
Phone number: 503-347-8028
Email: GOrs 0 @
Case No.:
Related Case No.(s):
Application Fee:
Application accepted:
By: Date:
Application determined compkte:
By: Date:
Community DevelopmentVand Use Applications\ 02_Forms and
Templates\ Land Use Applications Rev. 12/14/2017
City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
App t's signature
PROPERTY OWNER/DEED HOLDER INFORMATION (Attach list if more than one)
Name: Garo and Crystal Wright
Mailing address: 6815 SW Walnut Terrace Tigard, OR 97223
City/state: Tigard, OR Zip: 97223
Phone: 503-347-8028 Email: 6CA_ro , ft:t ()OWE.,12-C, LE CXV1
• When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The owners must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
THE APPLICANT(S) SHALL CERTIFY THAT:
• If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all
the conditions and limitations of the approval.
• All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and
the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
re ements for approving or nying the application(s).
1
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Date
Applic /Agent/Representative'ssignature Print name Date
Applicant/Agent/Representative'ssignature Print name Date
NATU S of eac er of the subject property required
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City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 3 of 2
r's signature
1
PARTITION APPLICATION
NARRATIVE
CITY OF TIGARD
June 2018
2
Applicant/Owner: Garo and Crystal Wright
6815 SW Walnut Terrace
Tigard, Oregon 97223
Phone: 503‐347‐8028
Engineering: DL Design
Gary Darling
500 W. 8th St., Suite 205
Vancouver, WA 98660
503‐644‐4628
Surveying: Summit Land Surveyors
12950 SW Pacific Hwy, Suite 255
Tigard, Oregon 972123
Contact Person: John Wade
Phone: 503.928‐5589
Arborist: Tree Care Unlimited
5600 Rosewood Street
Lake Oswego, Oregon 97035
Contact Person: Steve Phoenix
Phone: 503‐793‐1881
Site Address: 6815 SW Walnut Terrace, Tigard, OR 97223
Property Description: Washington County Assessor’s Map 1S‐1‐25DA, Tax Lot 2400
Site Size: 0.41 acres (17,684 sq. ft.)
Zoning: R‐4.5 Low Density Residential.
Proposed Use of Property: 2 Lot Partition
City
Tigard
County Washington Co.
Urban Growth Boundary Inside
Zip Code 97223
Flood Plain (FEMA 100 yr.) Outside
Watershed Basin TUALATIN RIVER
3
Watershed Subbasin LOWER TUALATIN RIVER
Fire Protection Tualatin Valley Fire & Rescue
Parks City of Tigard
School District TIGARD‐TUALATIN No. 23J
Sewer Clean Water Services District
Water Tualatin Valley Water District
PROJECT DESCRIPTION
REQUESTED LAND USE APPROVAL
(1) PARTITION
The purpose of this narrative is to request preliminary approval for a Partition Plat to create two parcels
for the future development of one additional single family detached home on Parcel 2. Parcel 1 will be
7,715 square feet in size. Parcel 2 will be 8,168 square feet in size excluding the flag lot access. The
existing home and will remain on Parcel 1. A new single family detached home will be constructed on
Parcel 2.
Proposed access to the site for parcel 1 will be from the existing driveway directly onto SW Walnut
Terrace. A 15‐foot‐wide flag access is proposed within along the east side of Parcel 1 to allow access and
utilities to Parcel 2.
The permitting and review for the new home on Parcel 2 will be done at the time of future building
permits, after recordation of the partition plat.
(2) SPECIAL ADJUSTMENT
the applicant requests a Type I adjustment to allow the side yard to be 4.6 feet in lieu of the five‐foot side
yard typical requirement in the R4.5 zone. The adjustment is requested due to the location of the existing
house on Parcel 1 in relation to the 15‐foot flag access to parcel 2. The adjustment requested is within
20% of the minimum side yard requirement pursuant to Chapter 18.370.020.B. The adjustment criteria
are addressed below in this narrative.
As part of this application the applicant also requests tree removal and has provided the relevant
information related to an urban forestry review.
4
DENSITY REQUIREMENTS
The net developable area is determined by subtracting the following uses from the total site area;
existing development to remain, sensitive land areas, land dedicated to public parks, land dedicated for
public right‐of‐way, land dedicated for private streets and any lot created for an existing dwelling.
Of the total site area, the following will be subtracted to determine the developable acreage or site
area, 172 square feet for right of way dedication along SW Walnut Terrace, 1,721 square feet for the flag
access to parcel 2.
Based on the above totals the net developable area of the site is .41 acres or 17,684 square feet. Based
on a minimum lot size requirement of 7,500 square feet and 17,684 square feet of net developable site
area, the maximum density requirements is 2 lots or parcels.
PARCELS
Minimum dimensional, area and setback requirements within the R‐4.5 zone are addressed in this
narrative and shown on applicable sheets of the plan set. Both parcels are greater than 7,500 square
feet. Both parcels meet the minimum lot area, and allowable setback requirements with consideration
of the adjustment request related to the side yard setback on Parcel 1.
STREETS
Two feet of additional street right of way will be dedicated along SW Walnut Terrace for 27 feet in
ultimate right of way width to the centerline from the sites southern boundary. The applicant requests
the city allow the applicant to pay a fee in lieu or sign a waiver of non‐remonstrance for the future
street improvements that include: a sidewalk, planter strip and street trees. The applicant is requesting
the city allow a fee in lieu until such a time comes when it is feasible to accomplish a larger scale of
improvements. Currently Walnut Terrace is a local dead‐end street that is curb tight with little no ½
street improvements that meet this standard. The site has a relatively small amount of street frontage
with 71 linear feet and considering the proposed 15‐foot flag access to Parcel 2 and the existing
driveway to the existing home on Parcel 1 the nature of street improvements would not really be a
benefit to the public with the future street improvements resulting in the construction of a small
amount of public improvements. Traffic volume is also low on Walnut Terrace since it is a dead‐end
street. The nature of improvements would not be a safety improvement that would connect to other
half street improvements on adjacent properties.
SANITARY SEWER SYSTEM
Sanitary sewer service for Parcel 2 will tie into the existing 8‐inch public sanitary sewer line located
under SW Walnut Terrace as shown on the preliminary utilities plan submitted with this application.
Parcel 1 is already connected to the sanitary sewer. No changes are proposed or anticipated for the
existing home on Parcel 1.
5
STORM WATER
All storm water in the City of Tigard must be treated, detained and released in a controlled
manner to an approved location. Stormwater will be treated and detained onsite on Parcel 2 in a LIDA
swale located in the south portion of the site. The storm facility has been designed in accordance with
CWS standards and transported by a detention pipe directing stormwater water south towards SW
Walnut Terrace then to the downstream system that serves the area. The existing home is already
connected to the storm system with a series of weep holes that have been installed in the curbs. No
changes are proposed to the existing storm system on serving the existing home on Parcel 1. A
preliminary stormwater report has been included with this application narrative as an exhibit in
accordance with city requirements.
WATER SYSTEM
City of Tigard currently has a public water line located under SW Walnut Terrace. A new water service
that includes; separate (lateral and water meter) will be stubbed to serve Parcels 2 as shown on the
preliminary utilities plan. Parcel 1 is already adequately connected to the city water system no changes
are proposed.
City of Tigard Community Development Code
18.110.010 Purpose
18.110.020 List of Base Zones
18.110.030 Uses
18.110.040 Densities
18.110.050 Development Standards
18.110.010 Purpose
18.110.020 List of Base Zones
The R-4.5 zone is designed to accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet.
18.110.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use that is permitted outright, but subject to all of the applicable provisions of
this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use as provided in
Chapter 18.60, Use Categories.
APPLICANT RESPONSE: The site is zoned R‐4.5. Both parcels will be greater than 7,500
square feet in size. The applicant proposes one additional single family detached residence
on a flag lot. The existing single family detached residence to remain on Parcel 1.
18.110.040 Densities
A. Purpose. The purpose of this section is to establish minimum and maximum densities in each
residential zone. To ensure the quality and density of development envisioned, the maximum density
establishes the ceiling for development in each zone based on minimum lot size. To ensure that
6
property develops at or near the density envisioned for the zone, the minimum density for each zone
has been established at 80 percent of maximum density.
B. Calculating minimum and maximum densities. The method for calculation of minimum and
maximum densities is provided in Chapter 18.40, Measurements.
C. Density standards. The maximum density limits and minimum density requirements are shown for
each residential zone in Table 18.110.3.
D. Adjustments. Applicants may request an adjustment when, due to the size of the site or other
constraint, it is not possible to meet the minimum density requirement and still comply with all of the
development standards in the applicable base zone, as provided in Table 18.110.3.
APPLICANT RESPONSE: The site is 17,684 square feet in net developable area. Of the total
site area, the following will be subtracted to determine the developable acreage or site area,
172 square feet for right of way dedication along SW Walnut Terrace, 1,721 square feet for
the flag access to parcel 2.
Based on the above totals the net developable area of the site is .41 acres or 15,783 square
feet. Based on a minimum lot size requirement of 7,500 square feet and 15,783 square feet
of net developable site area, the maximum density requirements for the site 2.1 lots.
Maximum density requirements are met as proposed.
18.110.050 Development Standards
A. Compliance. All development shall comply with:
1. All of the applicable development standards for the applicable base zone, except where the
applicant has obtained variances or adjustments in compliance with Chapter 18.790, Variances and
Adjustments; and
2. All other applicable standards and requirements in this title.
B. Development standards. Development standards in residential zones are in Table 18.110.3.
APPLICANT RESPONSE: The table below highlights development standards in relation to
minimum lot areas and required setbacks. As shown in the table below and applicable
exhibits included with this application narrative minimum standards are met with the
exception of the side yard setback adjacent to the proposed accessway on Parcel 1. The
existing house foundation will be located 4.6 feet from the east side of the flag access to
parcel 2. As part of this application the applicant requests an adjustment to this standard.
7
STANDARD R4.5 Zoning Proposed Parcel 1 Proposed Parcel 2*
Minimum Lot Size
‐ Detached units 7,500 sq. ft.
7,714 sq. ft. 8,167 sq. ft. (Area Excludes Flag
Access)
‐Average Lot Width 50 ft. 70.9 ft. 86 ft.
‐Minimum Setback(s) Front Yd. 20
ft.
36 feet to foundation wall of
house
20 ft.
‐Minimum Setback(s) Front Yd.
Garage 20 ft.
20 ft. (to existing right of way) 20 ft.
‐Minimum Setback(s) Side Yd. 5 ft. West side yard =8.9 feet
*East side yard =4.6 feet (20%
Special Adjustment requested
to this standard
N.A.
‐Minimum Setback(s) Side Yd. 10 ft.
flag lot
N.A. 10 feet (east and west side of
house)
‐Minimum Setback(s) Rear Yd. 15 ft. 17.4 feet 15 feet
‐Maximum Height 30 ft. Ranch style home Less than
30ft.
Height will be reviewed at the
time of building
* Setbacks and height related to the new home on Parcel 2 will be verified at the time of building
permits. Setbacks have been depicted on the plan set in accordance with these standards.
*The east side yard related to flag access to parcel 2 and the existing home on Parcel 1 is 4.6 feet. An
adjustment is requested to this standard as described below in this narrative.
APPLICANT RESPONSE: Both parcels meet the minimum requirements of this section.
D. Setbacks from future rights-of-way. For the purpose of measuring setbacks from rights-of-way___0,
the
setback shall be measured from the ultimate right-of-way as shown in the Transportation System
Plan.
APPLICANT RESPONSE The setback to the existing garage on Parcel 1 is 20 feet from the
existing right of way or 25 feet in this case. The foundation of the garage will be 18 feet from
the ultimate right of way after right of way is dedicated as part of the Partition Plat. If and
when the house is ever removed from Parcel 1 the new structure would conform with the
front setback requirements.
E. Projections into required yards. The following may project into required yards:
1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or
project into a required yard not more than 3 feet provided the width of such yard is not reduced
to less than 3 feet.
2. Fireplace chimneys may project into a required front, side or rear yard not more than 3 feet
provided the width of such yard is not reduced to less than 3 feet.
3. Open porches, decks or balconies not more than 3 feet in height and not covered by a roof or
canopy, may extend or project into a required rear or side yard provided such natural yard area is
not reduced to less than 3 feet and the deck is screened from abutting properties. Porches may
extend into a required front yard not more than 3 feet.
4. Unroofed landings and stairs may project into required front or rear yards only.
8
APPLICANT RESPONSE: The setback to the existing garage on Parcel 1 is 20 feet from the
existing right of way or 25 feet in this case. If and when the house is ever removed from
Parcel 1 the new structure would conform with these standards.
18.210.010 Residential Accessory Structures
A. Permitted uses. Accessory structures are permitted by right in all residential zones subject to the
following:
1. Dimensional requirements:
a. On sites containing less than 2.5 acres, an accessory structure may not exceed 528 square feet. On
sites 2.5 acres or larger, an accessory structure may not exceed 1,000 square feet;
b. An accessory structure may not exceed 15 feet in height;
c. In no case shall the primary structure and accessory structure(s) exceed the maximum lot coverage
allowed in the base zone;
d. An accessory structure may not be located within the front yard setback;
e. An accessory structure must maintain a minimum side, including street side, and rear yard setback of 5
feet.
APPLICANT RESPONSE: Both parcels are less than 2.5 acres in size. Parcel 1 contains one
accessory shed structure that is less than 528 square feet in size and does not exceed 15 feet
in height. This structure will remain on Parcel 1 but will need to be relocated to meet setback
requirements. Parcel 2 is currently vacant. Permitting of new structures on Parcel 2 will be
done at the time of building permits after the final partition plat is recorded. This standard is
met. The pool structure located in the rear yard of Parcel 1 is also greater than 36 inches in
height and will be removed prior to final partition plat approval to comply with rear yard
setback requirements.
18.220.030 Design Standards
18.220.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards and regulations for design compatibility
between multifamily residential or attached single-family residential when abutting detached single
family zones to achieve the following objectives:
18.220.020 Applicability
A. Applicability. These provisions apply to all multifamily and attached single-family residential
developments in zones R-4.5 through R-40 that abut property zoned for single-family residential
development.
B. Site design review. All residential development to which these provisions apply shall be subject to
site design review. In addition to the design standards of this chapter, the development requirements
of the base zone and Chapter 18.780, Site Development Review, shall apply.
C. Conflict with subdivision requirements. The requirements and standards of this chapter shall not
apply where they conflict with the regulations in Chapter 18.830, Subdivisions.
APPLICANT RESPONSE: These provisions apply to multifamily and attached single‐family
structures in the R‐4.5‐R40 zoning district. The applicant does not propose to build
multifamily attached structures on Parcel 2 which is currently vacant. The existing home on
Parcel 1 will remain. This standard does not apply.
9
OFFSTREET PARKING AND LOADING
18.310.010 Purpose
A. Ensure adequate vehicle parking. These parking requirements are intended to provide sufficient
vehicle parking in close proximity to the various uses for residents, customers and employees, and to
establish standards that will maintain the traffic carrying-capacity of nearby streets.
B. Adequate capacity. These regulations are also intended to establish vehicle parking areas that have
adequate capacity and which are appropriately located and designed to minimize any hazardous
conditions on the site and at access points.
18.310.020 Applicability
A. New construction. At the time of the erection of a new structure within any base zone, off-street
vehicle parking will be provided in compliance with Section 18.310.070.
B. Expansion of existing use. At the time of an enlargement of a structure that increases the on-site
vehicle parking requirements, off-street vehicle parking will be provided in compliance with Section
18.310.070 subject to the following:
1. On the effective date of this title, the number of vehicle parking and loading spaces required shall
be based only on floor area or capacity of such enlargement;
2. If the minimum vehicle parking spaces required for the enlargement added to the existing on-site
space exceed the maximum number of vehicle parking spaces allowed for the whole development
as provided in Section 18.310.070, the applicant may reduce the additional number of spaces
provided so that the total spaces on the site do not exceed the maximum spaces allowed.
C. Change of use. When an existing structure is changed from one use to another use as provided in
Chapter 18.60, Use Categories, the following shall apply:
3. Required vehicle parking shall:
a. Be available for the parking of operable passenger vehicles of residents, patron and employees only;
b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of
the business or use; and
c. Not be rented, leased or assigned to any other person or organization.
A. Vehicle parking plan requirements. A development permit shall not be issued or land use approval
granted until plans are approved as provided by this title that demonstrate how off-street parking and
loading requirements are 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 as the dwelling(s) it serves.
APPLICANT RESPONSE: The construction of one additional single‐family house on Parcel 2
will require one additional off street parking space. Off street parking can and will be
provided in the new driveway and future garage on Parcel 2. This standard can be met and
will be reviewed at the time of final permitting of the new home.
Off street parking is already provided by the existing driveway and garage on Parcel 1. No
changes are proposed that would impact the current parking situation.
Off street parking requirements are met.
10
LANDSCAPING
18.320.010 Purpose
The purpose of this chapter is to establish standards for landscaping, buffering, and screening of land use
within City of Tigard in order to enhance the aesthetic environmental quality of the city by requiring the
planting of street trees in new developments; using plant materials as a unifying element; using planting
materials to define spaces and articulate the uses of specific areas; and using trees and other landscaping
materials to mitigate the effects of the sun, wind, noise and lack of privacy by the provision of buffering
and screening. (Ord. 12-09 §1)
18.320.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development that requires a Type I
conditional use minor modification, a Type I site development review minor modification, all Type II
and Type III land use reviews unless otherwise specified in any of the sections below.
B. When urban forestry plan requirements concurrently apply. When the provisions of Chapter 18.520,
Urban Forestry, concurrently apply, any trees required by this chapter shall be included in the urban
forestry plan and subject to all of the requirements in Chapter 18.520, Urban Forestry.
APPLICANT RESPONSE: The provisions of this chapter apply to this Type II land use review
application which also requires a concurrent urban forestry plan review. Applicable sections
of this Section will be addressed below in this narrative.
18.320.030 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 in compliance with 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 compliance with this chapter.
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.
APPLICANT RESPONSE: Ongoing maintenance of landscaping will be the responsibility of the
property owner or owners. All landscaping will be installed in compliance with industry
standards prior to occupancy within the new home on Parcel 2. The existing home on Parcel
1 is already occupied however one additional tree must be planted to be in compliance with
tree canopy requirements. The applicant has included tree plans depicting locations of
proposed trees to be planted. The tree plans have been prepared by a certified arborist in
the State of Oregon and have been included with this application narrative as exhibits.
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 in Chapter 18.520, Urban Forestry and the Urban Forestry Manual
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shall apply to the land use applications in Section 18.520.020.
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 of this title and
titles of the Tigard Municipal Code. (Ord. 12-09 §1)
APPLICANT RESPONSE: Existing trees to remain on the site are shown and will be protected
with protection fencing in accordance with this chapter. Prior to any site disturbance
occurring on the site the tree protection fencing will be installed in accordance with the plan
set.
18.320.040 Street Tree Standards
A. Street trees shall be required as part of the approval process for the following land use applications:
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).
B. The minimum number of required street trees shall be determined by dividing the linear amount of
street frontage within or adjacent to the site (in feet) by 40 feet. When the result is a fraction, the
minimum number of required street trees shall be determined by rounding to the nearest whole
number.
C. Street trees required by this section shall be planted in compliance with the street tree planting
standards in the Urban Forestry Manual.
D. Street trees required by this section shall be provided adequate soil volumes in compliance with the
street tree soil volume standards in the Urban Forestry Manual.
E. Street trees required by this section shall be planted within the right-of-way whenever practicable
according to the street tree planting standards in the Urban Forestry Manual. Street trees may be
planted no more than 6 feet from the right-of-way in compliance with 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 in compliance with 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, tree canopy cover
site plan and supplemental report, as required by Section 18.520.030, of a concurrent urban
forestry plan and is eligible for credit towards the effective tree canopy cover of the site.
APPLICANT RESPONSE: The site has 85.84 feet of linear street frontage along SW Walnut
Terrace. The minimum number of street tress is determined by dividing the sites street
frontage by 40 feet. According to this standard a minimum of two street trees are required.
The site frontage does contain one existing 8” mature maple tree which is located 1 foot from
the ultimate right of way. The applicant proposes to retain the maple on Parcel 1 and
requests the city allow it to remain and count it as a street tree. The applicant has also
requested the city allow the applicant to sign a waiver of non‐remonstrance to participate in
future street improvements at the time Walnut Terrace is improved at a larger scale. By the
future street improvement request the applicant will be able to retain the one mature street
tree already that is currently in place along the street frontage. The applicant proposes to pay
a Fee in lieu for the one additional tree that would otherwise be required to be planted as
part of this application.
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18.320.050 Buffering and Screening
A. General provisions.
1. It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impacts of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicles.
2. Buffering and screening is required to reduce the impacts on adjacent uses that are of a different
type as provided in Tables 18.320.1 and 18.320.2. The owner of each proposed development is
responsible for the installation and effective maintenance of buffering and screening. Buffers are
not required between abutting uses that are of a different type when the uses are separated by a
street.
3. In lieu of these standards, a detailed buffer area landscaping and screening plan may be submitted
for approval as an alternative to the buffer area landscaping and screening standards, provided it
affords the same degree of buffering and screening as required by this chapter.
APPLICANT RESPONSE: The site is adjacent to directly adjacent to existing single family
detached homes all zoned R4.5 in the city of Tigard. Table 18.320.1 does not require a buffer
for a new detached single‐family home which is adjacent to lots having the same zoning and
use. This standard is not applicable to this application.
B. Buffering and screening requirements.
1. A buffer consists of an area within a required setback adjacent to a property line and having a
depth equal to the amount specified in Tables 18.320.1 and 18.320.2 and containing a length
equal to the length of the property line of the abutting use or uses.
2. A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parking areas shall be allowed in a buffer area except
where an accessway has been approved by the city.
APPLICANT RESPONSE: The site is adjacent to existing single family detached homes all zoned
R4.5 in the city of Tigard. Table 18.320.1 does not require a buffer for a new detached single‐
family home with adjacent lots having the same zoning and use. This standard is not
applicable to this application
APPLICANT RESPONSE: The
18.320.060 Re-vegetation
A. When re-vegetation is required. Where natural vegetation has been removed through grading in areas
not affected by the landscaping and screening requirements and not to be occupied by structures, such
areas are to be replanted as provided in this section to prevent erosion after construction activities are
completed.
B. Preparation for re-vegetation. Topsoil removed from the surface in preparation for grading and
construction is to be stored on or near the sites and protected from erosion while grading operations
are underway; and
1. Such storage shall be located consistent with an approved urban forestry plan as provided in
Chapter 18.520, Urban Forestry or outside the tree canopy driplines of trees intended to be
preserved in cases when there is no approved urban forestry plan; and
2. After completion of such grading, the topsoil is to be restored to exposed cut and fill
embankments or building pads to provide a suitable base for seeding and planting.
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C. Methods of re-vegetation. Acceptable methods of re-vegetation include hydro-mulching or the
planting of rye grass, barley, or other seed with equivalent germination rates, and:
1. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape
cover is to be sown at not less than 4 pounds to each 1,000 square feet of land area;
2. Other re-vegetation methods offering equivalent protection may be approved by the approval
authority;
3. Plant materials are to be watered at intervals sufficient to ensure survival and growth; and
4. The use of native plant materials is encouraged to reduce irrigation and maintenance demands.
(Ord. 12-09)
APPLICANT RESPONSE: after construction is complete the site will be revegetated in
accordance with this standard.
SENSITIVE LANDS
18.510.010 Purpose
A. Maintain integrity of rivers, streams, and creeks. Sensitive land regulations in this chapter are
intended to maintain the integrity of the rivers, streams, and creeks in Tigard by minimizing erosion,
promoting bank stability, maintaining and enhancing water quality, and fish and wildlife habitats, and
preserving scenic quality and recreation potential.
C. Implement Clean Water Service (CWS) design and construction standards. The regulations of this
chapter are intended to protect the beneficial uses of water within the Tualatin River Basin in
compliance with the CWS “Design and Construction Standards”.
18.510.020 Applicability
A. CWS stormwater connection permit. All proposed development shall obtain a stormwater connection
permit from CWS in compliance with its design and construction standards.
APPLICANT RESPONSE: The site does not contain any sensitive land overlays. Parcel 2 will
obtain a stormwater connection permit from CWS in compliance with its design and
construction standards. As part of this application the applicant has submitted a site plan
that demonstrates conformance with the standards outlined above. CWS will review and
approve connection permits prior to any construction activities taking place.
18.510.090 Adjustments to Base Zone Standards
A. Adjustment. The approval authority may approve up to 50 percent adjustment to any dimensional
standard (e.g., setback, height or lot area) of the base zone to allow development when necessary to
further the purpose of this chapter. The purpose of the adjustment process is to reduce adverse
impacts on wetlands, stream corridors, fish and wildlife habitat, water quality and the potential for
slope of flood hazards. The approval authority may impose any reasonable condition necessary to
mitigate identified impacts resulting from development on otherwise unbuildable land.
B. Adjustment criteria. A special adjustment to the standards in the applicable base zone is processed
through a Type II procedure, as provided in Section 18.710.060, when development is proposed
within or adjacent to the vegetated corridor area or within or adjacent to areas designated as “strictly
limit” or “moderately limit” on the City of Tigard “Significant Habitat Areas Map.” Verification of
significant habitat boundaries shall be done in compliance with the procedures provided in Section
18.510.130. The approval authority shall approve or approve with conditions adjustments when all
the following are met:
1. The adjustment is the minimum necessary to allow a permitted use, while at the same time
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minimizing disturbance to a water resource, riparian setback area or water quality buffer;
APPLICANT RESPONSE: The site is not located within a sensitive area as defined by CWS. This
section does not apply to this application.
18.510.110 Variances to Section 18.510.080 Standards
A. Approval process. Applications for variances from dimensional provisions of this chapter shall be
processed through a Type II procedure, as provided in Section 18.710.060, using the criteria in
Chapter 18.790, Variances and Adjustments.
B. Additional criteria. In addition to the variance criteria in Chapter 18.790, Variances and Adjustments,
all the following additional criteria shall be met to grant a variance to any dimensional standard of
this chapter:
APPLICANT RESPONSE: The site is not located within a sensitive area. This section does not
apply to this application.
18.510.130 Significant Habitat Areas Map Verification Procedures
A. Applicants who concur that the significant habitat areas map is accurate shall submit the following
information to serve as the basis for verifying the boundaries of inventoried habitat areas:
APPLICANT RESPONSE: The site does not contain any significant habitat areas. This section is
not applicable to this application.
URBAN FORESTRY
18.520.010 Purpose
A. Purpose. The purpose of this chapter is to implement the city’s urban forestry goals in the
comprehensive plan as recommended by the urban forestry master plan by establishing:
1. Tree canopy cover requirements for new development regardless of the amount of existing trees
on site;
2. Alternatives to meeting tree canopy cover requirements when equivalent environmental functions
or values are provided;
3. Flexible and incentive based requirements to facilitate the planting of large stature trees, and the
preservation of existing trees and significant tree groves;
4. Requirements that ensure successful implementation of urban forestry plans during and after site
development; and
5. A process for modifying urban forestry plans to address changes that occur during the
development process. (Ord. 12-09 §1)
APPLICANT RESPONSE: As part of this application the applicant has included tree plans to
include tree report, tree, protection, removal, mitigation planting and tree canopy in
accordance with this section.
18.520.020 Applicability
A. The requirements of this chapter apply to the following land use applications:
3. Minor land partition (Type II);
18.520.030 Urban Forestry Plan Requirements
A. Urban forestry plan requirements. An urban forestry plan shall:
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1. Be coordinated and approved by a landscape architect (the project landscape architect) or a person
that is both a certified arborist and tree risk assessor (the project arborist), except for minor land
partitions that can demonstrate compliance with effective tree canopy cover and soil
volume requirements by planting street trees in open soil volumes only;
2. Meet the tree preservation and removal site plan standards in the Urban Forestry Manual;
3. Meet the tree canopy site plan standards in the Urban Forestry Manual; and
4. Meet the supplemental report standards in the Urban Forestry Manual.
B. Tree canopy fee. If the supplemental report demonstrates that the applicable standard percent
effective tree canopy cover will not be provided through any combination of tree planting or
preservation for the overall development site (excluding streets) or that the 15 percent effective tree
canopy cover will not be provided through any combination of tree planting or preservation for any
individual lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 zones (when the overall development site
meets or exceeds the standard percent effective tree canopy cover), then the applicant shall provide
the city a tree canopy fee according to the methodology outlined in the tree canopy fee calculation
requirements in the Urban Forestry Manual.
C. Tree canopy fee use. Tree canopy fees provided to the city shall be deposited into the urban forestry
fund and used as approved by council through a resolution. (Ord. 12-09 §1)
APPLICANT RESPONSE: The applicant has provided a tree canopy plan prepared by a certified
arborist who has also considered risks in accordance with these standards. In summary both
parcels will maintain a minimum of 15% tree canopy with consideration of proposed trees to
be planted after each tree reaches maturity.
The table below summarizes tree removal, preservation and canopy requirements. The
requirements are shown to be met.
Parcel 1 ‐7,714 sq. ft. Parcel 2 – 9,797 sq. ft. (area for canopy
calculations Includes flag)
Retain Tree #1 Retain Trees #8 and 9
No tree removal proposed Remove Trees #2, 3, 4, 5, 6, 7 In driveway
and near foundation root zones are
compromised.
Existing Tree Canopy Parcel 1 = 465
sq. ft.
Existing Tree Canopy Parcel 2 =4,989 sq. ft.
Required Tree Canopy on Parcel 1 is
15% of the total Lot area =1,157 sq. ft.
Required Tree Canopy on Parcel 2 is 15%
of total Lot Area=1,470 sq. ft.
2x Canopy Area of Trees preserved
=930 sq. ft.
2x Canopy Area of Trees preserved
=2,000 sq. ft.
2x Canopy Area of Tree stands
preserved
N.A. Site will not contain tree stands.
2x Canopy Area of Tree stands preserved
N.A. Site will not contain tree stands.
1.25x Mature Canopy of Native Trees
Planted= 3,928 sq. ft.
1.25x Mature Canopy of Native Trees
Planted=3,069 sq. ft.
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Mature Canopy of non‐native trees &
or stands to be planted. NA no non‐
native trees will be planted.
Mature Canopy of non‐native trees & or
stands to be planted. NA no non‐native
trees will be planted.
Total Tree Canopy Area (total area
includes existing canopy 465 sq. ft.)
and five trees planted 3,142 sq. ft. @
Maturity =3,607 sq. ft.
Total Tree Canopy Area (total area
includes existing canopy 1,000 sq. ft.) and
five trees planted 2,455 sq ft @ Maturity =
3,455 sq. ft.
Effective Canopy =46% Effective Canopy =35%
To meet minimum tree canopy
requirements the applicant will Plant
5 additional trees and retain the
existing tree #1 for a total 3,607 sq. ft.
Reference tree canopy.
To meet tree minimum tree canopy and
Mitigation requirements for tree removal
the applicant will plant 5 additional trees.
*Existing Tree Canopy Entire Site =5,454 square feet.
*Per Table 1 above Parce1 will have 3,607 sq. ft. of tree canopy and Parcel 2 will have 3,455
square feet of tree canopy (after all trees planted are mature) resulting in a total of 7,062 sq.
ft. of effective tree canopy retention.
The 40% tree canopy retention requirement for the entire lot is 7,005 square feet. Based on
the calculations shown above this requirement is met.
LAND USE REVIEW PROCEDURE
18.710.010 Purpose
The purpose of this chapter is to establish a standard review procedure for land use applications. This
chapter is intended to make the land use review process clear and understandable, to facilitate timely
review by the city, and to enable the public to participate in the local land use decision-making process.
MLP Minor Land Partition 18.820 II
18.710.030 General Provisions
A. Pre-application conferences. A pre-application conference is required for all Type II, and III
applications. Legislative applications are exempt from a pre-application conference.
1. To request a pre-application conference, the person considering filing an application shall submit
a pre-application request form, a brief description of the proposed uses, a vicinity map and a site
plan.
2. When a pre-application conference is required, the person shall meet with the city for the purpose
of identifying policies and regulations that relate to the proposed development, providing
technical data and assistance that will aid the person, and identifying other opportunities or
constraints that relate to the proposed development.
3. Failure of the director to provide any of the information required by this chapter shall not
constitute a waiver of the standards, criteria or requirements of the applications.
4. Due to possible changes in applicable law, the facts and circumstances of the property and the
information developed during the review process and other factors, information provided by the city
during the pre-application conference is not binding. Applicants are solely responsible for
demonstrating compliance with all applicable standards.
5. The person shall have one year from the date of the pre-application conference to submit a land
use application for the proposed development.
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APPLICANT RESPONSE: As required by the provisions of this section the owner/applicant held
a preapplication meeting with the city of Tigard to discuss the project in relation to the
Development Code. A copy of the preapplication notes have been included with this
application narrative as an exhibit. The preapplication notes are dated within one year of the
submittal of this project. This requirement is met.
B. Neighborhood meetings. A person considering filing an application shall hold a neighborhood
meeting prior to filing the following applications: comprehensive plan map amendment
conditional use, sensitive lands review, site development review, subdivision, planned
development review and zoning map amendment (quasi-judicial).
APPLICANT RESPONSE: This application is for a type II land use decision. No neighborhood
meeting is required for type II Land Use Decisions.
C. Application submittal.
1. Applications may be initiated by:
a. All of the property owners or, contract purchasers of the subject property, or any agent
authorized to represent the property owners or contract purchasers. Easement holders are not
considered owners for this section. If the subject property was divided without a partitioning
or subdivision approval required by law at the time of the division, an application for
approval of the land division may be filed by the owner, contract purchaser or representative
of one of the units of land created by the division;
b. The director;
c. Tigard City Council;
d. Tigard Planning Commission; or
e. A public entity that has the right of eminent domain for projects the entity has the authority to
construct.
APPLICANT RESPONSE: As required by the General Provisions of this section the proposed
preliminary Partition Plat has been submitted concurrently for review with this application by
the property owner who is also the applicant. Upon approval of the Preliminary Plat, a final
Partition Plat will be submitted for final review reflecting all of the conditions of approval set
forth by the City and other applicable agencies. Therefore, the criterion can be met.
2. Multiple applications for a single proposed development shall be consolidated unless the applicant
specifies otherwise in the application. A concurrent application review consolidates the review of
multiple applications into a single review process. The applications shall be processed using the
highest review type required for any part of the proposed development.
3. The application shall include, at a minimum, the following items. The director may waive items
listed if they are not applicable to the proposed application.
a. Application form, including signature(s) of the property owner or public agency initiating the
application.
b. Deed, title report, or other proof of ownership.
c. Detailed and comprehensive description of existing site conditions, all existing and proposed
uses and structures, including a summary of all information contained in any site plans.
d. Narrative that demonstrates how the proposal meets all applicable approval criteria,
regulations and development standards.
e. Site plans, landscape plans, grading plans, elevation drawings, preliminary plat, or final plat,
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or similar.
f. Any other materials required by a specific land use application.
g. Any required service provider letters, including but not limited to Clean Water Services, waste
disposal company, or other entity.
h. Any required studies or reports, including but not limited to a traffic impact analysis, wetland
delineation report, or geotechnical report.
i. Copy of any existing and proposed restrictions or covenants.
j. Payment of all fees, based on the fee schedule in effect at time of submittal, as adopted by city
council.
k. Copy of the pre-application conference notes, if applicable.
l. Copy of the mailed neighborhood meeting letter, the mailing list, affidavits of mailing and
posting, copy of the meeting sign-in sheets, meeting minutes, and any handouts provided at
the meeting, including the site plan, if applicable.
D. Application completeness. In reviewing an application for completeness the following shall be
used:
1. When the application is accepted, the director shall review the application for completeness. If the
application is incomplete, the director shall notify the applicant of exactly what information is
missing within 30 days of receipt of the application and allow the applicant to submit the missing
information.
2. The application shall be deemed complete upon the receipt of:
a. All of the missing information;
b. Some of the missing information and a written notice from the applicant that no other
information will be provided; or
c. Written notice from the applicant that none of the missing information will be provided.
3. If the applicant does not submit the missing information or provide written notice that no
additional information will be provided, the application shall be deemed void on the 181st day
after submittal.
APPLICANT RESPONSE: The applicant has requested all required approvals concurrently with
this partition application. In addition to the proposed partition, the applicant has requested
a Type II Urban Forestry Review to allow tree removal and mitigation, a special adjustment to
the site yard of parcel 1 to be 4.6 feet in lieu of 5 feet (standard allows for a 20% reduction
and the request is 8%), fee in lieu for one additional street tree that can’t be planted if the
future street improvement guarantee is granted and approval to allow the applicant to sign a
waiver of remonstrance to participate in future street improvements in lieu of constructing
half street improvements at this time.
At the time of submittal of this application the applicant has provided all of the applicable
application items described above. If it is determined other application items are necessary
or more information is required the applicant will promptly provide additional information
which might be necessary to review this application.
E. Modifications of applications. A modification of application means the applicant’s submittal of new
information after an application has been deemed complete and prior to close of the record on a
pending application that would modify a development proposal by changing one or more of the
following component: proposed uses, operating characteristics, intensity, scale, or site layout, in a
manner that requires the application of new criteria to the proposal or that would require a substantial
change to the findings of fact. It does not mean a submittal of new evidence that merely clarifies or
supports the pending application.
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1. A Type I or II application may be modified up until the decision is issued. A Type II that is
appealed or III application may be modified up until the close of the record.
2. The approval authority shall not consider any evidence submitted by the applicant that would
constitute a modification of an application, as defined above, unless a new application is
submitted for the modification. The modification shall constitute a new application and shall
restart the 120-day clock for the application being modified.
3. Prior to the first public hearing or if a hearing is not required, the director shall have sole
authority to determine whether an applicant’s submittal constitutes a modification. After such a
time, the hearing authority shall make such determination. The determination on whether a
submittal constitutes a modification shall be appealable only to LUBA and only after a final
decision on the application is issued.
APPLICANT RESPONSE: The applicant understands that any changes or modifications made to
the approved plan set would require a Type I or II modification to be reviewed and approved
by the city.
18. 710.040 Types of Reviews
B. Review types defined. There are four review procedure types: Type I, II, III, and Legislative. Table
18.710.1 contains the city’s land use application types and associated review types. The review types
are defined as follows:
2. Type II procedures apply to land use applications that are governed by subjective approval
criteria and/or development standards that may require the exercise of limited discretion. Type II
actions are decided by the director with public notice. If any party with standing appeals a
Type II decision, the appeal of such decision will be heard by the hearings officer.
D. Determination. The director shall have the initial authority to determine the proper review type
relevant to the land use application or actions requested. The decision of the director may be appealed
only as in conjunction with an appeal of the decision on the underlying application. If the director’s
determination regarding the proper review type is not raised as an issue within the process assigned
by the director to the land use application or action requested, the director’s decision shall be final
concerning the applicable review type. The director’s determination shall favor the review type that
provides the most appropriate public notice and opportunity for public comment.
18.710.060 Type II Procedure
A. Notice of application. The purpose of such notice is to provide nearby property owners and other
interested parties with an opportunity to submit written comments concerning the application, prior to
issuance of the decision. The goal of this notice is to invite parties of interest to participate early in
the review process.
1. Prior to making a decision, a notice of application shall be mailed to:
a. All owners of record within 500 feet of the proposed development site;
b. City’s interested parties who have requested to receive notice of all land use notices;
c. Any city-recognized neighborhood group or community organization whose boundaries
include the proposed development site; and
d. Any governmental agency that is entitled to notice.
2. The director shall prepare an affidavit of mailing such notice that indicates the date that the notice
was mailed to the necessary parties. The affidavit shall be made part of the record.
3. A notice of application shall include:
a. An explanation of the application, including case number, and the proposed use or uses that
could be authorized;
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b. A description of the proposed development site, including street address, map and tax lot
number or other easily understood geographical reference to the proposed development site
and zoning designation;
c. List of criteria and development standards applicable to the application;
d. Include the name and telephone number of the city contact person to obtain additional
information;
e. A statement that the city will consider written comments submitted prior to the issuance of
the decision and the place, date and time that comments are due;
f. Indicate that all evidence relied upon by the approval authority to make this decision shall be
contained within the record, and is available for public review. Copies of this evidence can be
obtained from the director;
g. Indicate that after the comment period closes, the approval authority shall issue a decision;
h. Contain the following notice: “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.”
APPLICANT RESPONSE: This application for a two‐lot partition will be reviewed as a Type II
Land Use Review. Public notice regarding the application will be sent to all property owners
within 500 feet of the site who will have the chance to provide comments on the application
in relation to the development code.
B. Decision requirements. The approval authority shall approve, approve with conditions or deny the
requested application based on the applicable approval criteria and development standards.
C. Notice of decision.
1. Within 7 days after signing the decision, a notice of decision shall be mailed to:
1. The applicant and all owners or contract purchasers of record of the proposed development
site;
2. All owners of record within 500 feet of the proposed development site;
3. Any person or group who submitted written comments during the comment period;
4. Any person or group who requested to be notified of the decision;
5. Any city-recognized neighborhood group or community organization whose boundaries
include the proposed development site; and
6. Any governmental agency that is entitled to notice.
2. The director shall prepare an affidavit of mailing such notice that indicates the date that the notice
was mailed to the necessary parties. The affidavit shall be made part of the record.
3. A notice of decision shall include:
a. An explanation of the decision, including case number;
b. A description of the proposed development site, including street address, map and tax lot
number or other easily understood geographical reference to the proposed development site
and zoning designation;
c. A statement that the complete case file is available for review, including when and where the
case file is available and the name and telephone number of the city contact person to obtain
additional information;
d. The date the decision shall become final, unless appealed;
e. A statement that any person entitled to notice or who are adversely affected or aggrieved by
the decision may appeal the decision; and
f. A statement briefly explaining how an appeal may be filed, the deadline for filing an appeal,
and a reference to where further information about filing an appeal can be obtained.
D. Final decision and effective date. A Type II decision is final for purposes of appeal on the date the
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notice is mailed. A Type II decision becomes effective on the day after the appeal period expires,
unless an appeal is filed.
APPLICANT RESPONSE: The applicant has read and understands the procedure requirements
described above.
SITE DEVELOPMENT REVIEW
18.780.020 Applicability
A. Applicability and exemptions. Site development review shall be applicable to all new developments
and major modification of existing developments, as provided in Section 18.780.050, except it shall
not apply to:
1. Single-family detached dwellings;
APPLICANT RESPONSE: The future home to be constructed on Parcel 2 will be a detached
structure. No new development is proposed on Parcel 1. Single family detached home are
exempt from Site Development Review per Section 18.780.020.A.1.
18.780.080 Bonding and Assurances
A. On all developments where public improvements are required the approval authority shall require a
bond in an amount not greater than 100 percent or other adequate assurances as a condition of
approval in order to ensure the completed development is in compliance with the approved plan; and
B. The bond shall be released when the director finds the completed development complies with the
approved site development plan and all conditions of approval are met.
C. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the
cost of the landscaping as determined by the director is filed with the city recorder assuring such
installation within 6 months after occupancy:
1. Security may consist of a faithful performance bond payable to the city, cash, certified check or
such other assurance of completion approved by the city attorney; and
2. If the installation of the landscaping is not completed within the 6-month period, the security
may be used by the city to complete the installation.
APPLICANT RESPONSE: The applicant will provide bonding and or faithful performance
assurance in accordance with this standard.
VARIANCES AND ADJUSTMENTS
18.790.010 Purpose
This chapter establishes standards and criteria for granting variance and adjustment. Variances and
adjustments provide relief from specific requirements of this title that have the unintended effect of
preventing reasonable development or imposing undue hardship. Variances are intended to provide some
flexibility while ensuring that the intent of each development standard is met.
APPLICANT RESPONSE: The
18.790.030 Adjustments
A. Development adjustments.
1. The following development adjustments shall be processed through a Type I procedure, as
provided in Section 18.710.050, using criteria in paragraph 2 of this subsection A:
a. Front yard setbacks. Up to a 25 percent reduction of the dimensional standards for the front
yard setback required in the applicable base zone. Setback of garages may not be reduced by
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this provision.
b. Interior setbacks. Up to a 20 percent reduction of the dimensional standards for the side and
rear yard setbacks required in the applicable base zone.
c. Lot coverage. Up to 5 percent increase of the maximum lot coverage required in the
applicable base zone.
2. The approval authority shall approve or approve with conditions a development adjustment when
all of the following are met:
a. A demonstration that the adjustment requested is the least required to achieve the desired
effect;
b. The adjustment will result in the preservation of trees, if trees are present in the development
area;
c. The adjustment will not impede adequate emergency access to the site;
d. There is not a reasonable alternative to the adjustment that achieves the desired effect.
APPLICANT RESPONSE: The requirement for the side yard on Parcel 1 is five feet. As part of
this application the applicant requests a concurrent adjustment to allow the east side
property boundary of the existing home on Parcel 1 to be 4.6 feet from the flag access to
parcel 1. The existing home to be retained on Parcel 1 was constructed prior to infill taking
place in the Portland Metro Area. The adjustment request is the least required to allow the
site to be divided as in within the allowable range of 20%.
B. Special adjustments. Special adjustments are deviations from development standards. The approval
process and approval criteria for special adjustments are provided below.
1. Adjustments to development standards within Chapter 18.830, Subdivisions. The approval
authority shall consider the application for adjustment at the same time as the preliminary plat.
The approval authority shall approve or approve with conditions an adjustment application when
all of the following are met:
a. There are special circumstances or conditions affecting the property that are unusual and
peculiar to the land as compared to other lands similarly situated;
b. The adjustment is necessary for the proper design or function of the subdivision;
c. The granting of the adjustment will not be detrimental to the public health, safety, and
welfare or injurious to the rights of other owners of property; and
d. The adjustment is necessary for the preservation and enjoyment of a substantial property
right because of an extraordinary hardship that would result from strict compliance with the
regulations of this title.
APPLICANT RESPONSE: This request for an adjustment in has been provided concurrently
with this application. Special circumstances for the request include the fact that the house
was constructed prior to infill being something home builders planned for and the request is
only 4 tenths of a foot which is a measurement that would not even be recognized without
precise measuring instruments. The adjustment is necessary to allow for the minimum flag
access required by city code. If less than a 15 foot flag access would be allowed this
requirement would be met. Granting the adjustment will not be detrimental to the public
health, safety and welfare of other property owners in the nearby vicinity. The adjustment is
necessary to allow the property owner to be able to subdivide the property similar to how
other properties ½ acre properties are dividing in the surrounding area.
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LAND PARTITIONS
18.820.010 Purpose
The purpose of this chapter is to provide rules, regulations and standards governing approval of land
partitions.
18.820.020 General Provisions
A. Conformance with state statute. Any application for a land partition shall be in compliance with all
state regulations as provided in ORS Chapter 92, Subdivision and Partitions.
B. Prohibition on sale of lots. No lot or parcel to be created through the land partitioning process shall
be sold until approval and filing of the final partition plat.
18.820.030 Approval Process
A. Approval process. The approval authority shall approve or approve with conditions an application for
a land partition through a Type II procedure, as provided in Section 18.710.060 using approval
criteria in Section 18.820.040.
B. Approval period. The partition approval shall be effective for a period of 1.5 years from the date of
approval. The partition approval shall lapse if:
1. The partition has not been recorded or has been improperly recorded with Washington County
without the satisfactory completion of all conditions attached to the approval;
2. The final recording is a departure from the approved plan.
C. Extension. The director shall, upon written request by the applicant, grant an extension of the
approval period not to exceed 1 year provided that:
1. No changes are made on the original plan as approved;
2. The applicant can show intent of recording the approved partition within the 1-year extension
period; and
3. There have been no changes in the applicable comprehensive plan policies and ordinance
provisions on which the approval was based.
APPLICANT RESPONSE: The applicant has read and understands the approval process
described above in relation to this application.
18.820.040 Approval Criteria
A. Approval criteria. The approval authority shall approve or approve with conditions an application for
a land partition when all of the following are met:
1. The proposed partition complies with all statutory and ordinance requirements and regulations;
2. There are adequate public facilities are available to serve the proposal;
3. All proposed improvements meet city and applicable agency standards; and
APPLICANT RESPONSE: As demonstrated by this narrative and accompanying exhibits the
proposal can comply with all statutory provisions relevant to this application. There are
adequate and readily available facilities to include water, sanitary, storm water etc. to serve
the one additional lot created. The applicant has submitted public street improvement plans
in accordance with city requirements. It is important to note the applicant has requested the
city to consider the applicant to allow a future street improvement guarantee to participate
in future public improvements at a time when the improvements can be connected to a more
connected street network.
4. All proposed lots conform to the specific requirements below:
a. The minimum lot width of the applicable base zone shall be met. Lot width for flag lots shall
be measured as provided in Section 18.40.090.
b. The minimum lot size required by the applicable base zone shall be met. In the case of a flag
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lot, the accessway may not be included in the lot area calculation, as provided in Section
18.40.090.
c. The depth of all lots shall not exceed 2.5 times the average width, unless the lot is less than
1.5 times the minimum lot size of the applicable base zone.
d. The side lines of lots shall be at right angles to the street upon which the lots fronts, unless
practical.
e. Each lot shall front a public right-of-way by at least 15 feet or have a legally recorded
minimum 15-foot wide access easement.
f. Setbacks shall be as required by the applicable base zone.
5. With regard to flag lots:
a. The applicant 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.
b. A screen shall be provided along the property line of a lot of record where the paved
accessway is located within ten feet of an abutting lot in compliance with Sections
18.320.050. Screening may also be required to maintain privacy for abutting lots and to
provide usable outdoor recreation areas for proposed development.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that
will ensure access and maintenance rights shall be recorded with the approved partition plat.
7. Any accessway shall comply with Chapter 18.920, Access, Egress, and Circulation.
9. Any variance or adjustment to the standards in this chapter shall be made in compliance with
Chapter 18.790, Variances and Adjustments. The applications for the partition and
variance/adjustment shall be processed concurrently.
APPLICANT RESPONSE: The minimum street frontage requirement for a flag lot is 15 feet.
Proposed Parcel 2 meets this requirement. The flag access has not been included in the net
size of Parcel 2. Parcel 2 exceeds the minimum lot size excluding the flag access in the R4.5
zone. The depth of the resulting parcels does not exceed 2 ½ times the resulting width. Each
Parcel has a minimum of 15 feet of public street frontage as required by this section. The
applicant has determined the front yard for the new home to be on the south side of the lot.
This is noted on the plan set which shows future setbacks in relation to the proposed
property line. Screening is not required to the flag driveway pursuant to the requirements of
18.320.050 and as addressed in the applicable section of this narrative. A concurrent variance
in the form of a Type I special adjustment has been requested concurrently to allow the
existing house to be located 4.6 feet from the east boundary in lieu of the required five foot
side year of the new flag access for Parcel 2. The applicant has addressed the relevant
variance criteria in a section above of this narrative.
18.820.050 Final Plat Submittal Requirements
A. Submittal. All final plats applications for land partitions shall provide three copies of the final plat
prepared by a land surveyor or engineer licensed to practice in Oregon, and necessary data or
narrative. The final plat shall incorporate any conditions of approval imposed as part of the
preliminary plat approval.
B. Standards. The final plat and data or narrative shall be drawn to the standards provided in the Oregon
Revised Statutes (ORS 92.05) and by Washington County.
18.820.060 City Acceptance of Dedicated Land
A. Acceptance of dedications. The city engineer shall accept the proposed right-of-way dedication prior
to recording a land partition.
B. Acceptance of public easements. The city engineer shall accept all public easements shown for
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dedication on partition plats.
18.820.070 Recording Partition Plats
A. Recording requirements. Upon approval of the proposed partition, the applicant shall record the final
partition plat with Washington County and submit a copy of the recorded survey map to the city, to be
incorporated into the record. This shall occur prior to the issuance of development permits for the
newly created lots.
B. Time limit. The applicant shall submit the copy of the recorded partition survey map to the city prior
to the issuance of any development permits on the newly created lots.
APPLICANT RESPONSE: After preliminary plat approval the applicant will provide three
copies of the final plat prepared by a license land surveyor in the State of Oregon for review
and approval. The final plat will incorporate all conditions of approval imposed as part of the
preliminary partition plat. Two additional feet of right of way will be dedicated as part of the
final plat recordation. The applicant will record the partition plat with Washington County
and provide the city a copy of the recorded survey to be incorporated into the record. The
plat will be provided to the city prior to the issuance of any site development permits.
18.830.040 Approval Criteria: Preliminary Plat
A. Approval criteria. The approval authority shall approve or approve with conditions an application for
a preliminary plat when all of the following are met:
1. The proposed preliminary plat complies with the applicable zoning ordinance and other
applicable regulations;
2. In addition to the base zone regulations, the proposed lots shall meet the following:
a. The depth of all lots shall not exceed 2.5 times the average width, unless the parcel is less
than 2.5 times the minimum lot size of the applicable base zone;
b. The side lines of lots shall be at right angles to the street upon which the lots front, unless
impractical; and
c. Each lot shall abut upon a public or private street, other than an alley, for a width of at least
25 feet. Lots for attached single-family dwelling units, shall abut upon a public or private
street for a width at least 15 feet.
3. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter
92;
4. The streets and roads shall be laid out so as to conform to the plats of subdivisions and partitions
already approved for adjoining property as to width, general direction and in all other respects
unless the city determines it is in the public interest to modify the street or road pattern; and
5. An explanation has been provided for all common improvements.
B. Conditions of approval. The approval authority may attach conditions that are necessary to carry out
the comprehensive plan and other applicable ordinances and regulations and may require reserve
strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties.
APPLICANT RESPONSE: As demonstrated in the setback and lot dimension table above in this
application and shown on the accompanying plan set, the proposal complies with all zoning
regulations in the R4.5 zone. The side lot lines will not change as a result of this application.
The side lot lines were set at the time the parent lot was created as part of Kings Subdivision
which was recorded in the 1950’s. Parcel 1 will have more than 25 feet of public street
frontage and Parcel 2 a flag lot will meet the minimum requirement of 15 feet for a flag lot.
Upon recordation of the partition plat the County Surveyor will assign a recording and
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partition plat number therefore the name will not be duplicative. No new streets will be
created and the site has been designed in accordance with City standards.
18.830.060 Approval Criteria: Final Plat
A. Submittal requirements. The applicant shall submit the final plat within 1.5 years of the approval of
the preliminary plat.
B. Approval criteria. A final plat shall be approved when all of the following are met:
1. The final plat complies with the preliminary plat approved by the approval authority and all
conditions of approval have been met;
2. The streets and roads for public use are dedicated without reservation or restriction other than
revisionary rights upon vacation of any such street or road and easements for public utilities;
3. The streets and roads held for private use and indicated on the preliminary plat of such
subdivision have been approved by the city;
4. The plat contains a donation to the public of all common improvements, including but not limited
to streets, roads, parks, sewage disposal and water supply systems;
APPLICANT RESPONSE: The applicant will submit a final partition plat within 1.5 years of the
approval of the preliminary plat. As requested by the City two additional feet of right of
way will be dedicated to the public resulting in an ultimate right of way width of 27 feet from
the existing centerline of the street, at the time the final partition plat is recorded. The right
of way dedication is shown on the partition plat and does not include restrictions or
reservations. No new public or private streets are proposed.
5. An explanation is included that explains all of the common improvements required as conditions
of approval and are in recordable form and have been recorded and referenced on the plat;
6. The plat complies with the applicable zoning ordinance and other applicable regulations;
7. A certification by the appropriate water district that water will be available to the lot line of each
lot depicted on the plat or bond, contract or other assurance has been provided by the applicant to
the city that a domestic water system will be installed by or on behalf of the applicant to the lot
line of each lot depicted on the plat. The amount of the bond, contract or other assurance by the
applicant shall be determined by a registered professional engineer, subject to any change in
amount as determined necessary by the city;
8. A certificate has been provided by the city’s engineering department that a sewage disposal
system will be available to the lot line of each lot depicted in the proposed plat;
9. Copies of signed deeds have been submitted granting the city a reserve strip as provided by
18.830.040.B; and
10. The plat contains a surveyor’s affidavit by the surveyor who surveyed the land represented on the
plat to the effect the land was correctly surveyed and marked with proper monuments as provided
by ORS Chapter 92[.060] and indicating the initial point of the survey, and giving the dimensions
and kind of such monument, and its reference to some corner established by the U.S. survey or
giving two or more objects for identifying its location.
APPLICANT RESPONSE: The partition plat will be prepared in accordance with the above
requirements to the satisfaction of the city and the County surveyor. The water district has
indicated water service is available to serve Parcel 2 and the applicant will provide and install
the new water service to include separate lateral and meter to the satisfaction of the water
district. The existing water service on Parcel 1 will remain as is. The city has indicated sewer
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service is available to serve Parcel 2. The applicant has submitted a design showing sewer
service to each parcel is available at the lot line. The partition plat has been prepared by a
licensed surveyor in the State of Oregon who will stamp, sign and monument the new parcels
to be created in accordance with ORS Chapter 92.
18.830.070 Improvement Agreement
A. Improvement agreement. Before city approval is certified on the final plat, and before approved
construction plans are issued by the city, the applicant shall:
1. Execute and file an agreement with the city engineer specifying the period that all required
improvements and repairs shall be completed; and
2. 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.
B. Stipulation of improvement fees and deposits. 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.
APPLICANT RESPONSE: The applicant will satisfy all requirements specified above prior to
final plat recordation and construction plans are issued.
18.830.080 Bond
A. Performance guarantee required. As required by Section 18.830.070, the applicant shall file with the
agreement an assurance of performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon that remains in force until the surety company is notified by the city in writing that it may
be terminated; or
3. Cash.
B. Determination of sum. The assurance of performance shall be for a sum determined by the city
engineer as required to cover the cost of the improvements and repairs, including related engineering
and incidental expenses.
C. Itemized improvement estimate. 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.
D. When applicant fails to perform. In the event the applicant fails to carry out all provisions of the
agreement and the city has un‐reimbursed costs or expenses resulting from such failure, the city shall
call on the bond, cash deposit or letter of credit for reimbursement.
E. Termination of performance guarantee. The applicant shall not cause termination of nor allow
expiration of said guarantee without having first secured written authorization from the city.
APPLICANT RESPONSE: The applicant will satisfy all requirements specified above related to
bonding.
18.830.090 Filing and Recording
A. Filing. 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 and Section 18.830.060.
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B. Proof of recording. Upon final recording with the county, the applicant shall submit to the city a
mylar copy of the recorded final plat. This shall occur prior to the issuance of development permits
for the newly created lots.
C. Prerequisites to recording the plat.
1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other
charges required by law to be placed on the tax roll have been paid in the manner provided by
ORS Chapter 92;
2. No plat shall be recorded until it is approved by the county surveyor in the manner provided by
ORS Chapter
APPLICANT RESPONSE: The partition plat will be recorded within 60 days of city review and
approval of the final partition plat. Proof of recording will be provided to the city as detailed
above.
IMPROVEMENT STANDARDS
18.910.020 General Provisions
A. Applicability. Unless otherwise provided, construction, reconstruction or repair of streets,
sidewalks, curbs and other public improvements shall occur in compliance with the standards of
this title. No development may occur and no land use application may be approved unless the
public facilities related to development comply with the public facility requirements established in
this chapter and adequate public facilities are available. Applicants may be required to dedicate land
and build required public improvements only when the required exaction is directly related to and
roughly proportional to the impact of the development.
B. Standard specifications. The city engineer shall establish standard specifications consistent with the
application of engineering principles.
C. Title 6. The provision of Title 6, Nuisance Violations of the Tigard Municipal Code shall apply to
this chapter.
D. Adjustments. Adjustments to the provisions in this chapter related to street improvements shall be
processed through a Type II procedure, as provided in Section 18.710.060, using approval criteria
in 18.790.030.B.8.
APPLICANT RESPONSE: The applicant has submitted a civil design plan set that shows
ultimate half street improvements along SW Walnut Terrace in accordance with City
standards. As part of this application the applicant requests the City consider the applicant
be allowed to sign a future street improvement guarantee to participate in future street
improvements at a later date. The minor nature or scale of improvements accomplished will
result in little if any benefit to the neighborhood as a whole. The improvements would not
connect to any existing sidewalk system or planter strip in the nearby vicinity so the benefit
would be minor in nature.
18.910.030 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
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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 chapter
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.
APPLICANT RESPONSE: The site has 85 linear feet of public street frontage along SW Walnut
Terrace which is a local neighborhood dead end street. SW Walnut is currently curb tight
along the entirety of the north side of the street. The applicant has requested the city allow a
future street improvement guarantee but, will dedicate two additional feet of right of way as
part of this application.
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.
6. The standards of this chapter include the standard specifications adopted by the city engineer in
compliance with 18.910.020.B.
7. The approval authority may approve adjustments to the standards of this chapter if compliance
with the standards would result in an adverse impact on natural features such as wetlands,
bodies of water, significant habitat areas, steep slopes, or existing mature trees. The approval authority
may also approve adjustments to the standards of this chapter if compliance with the
standards would have a substantial adverse impact on existing development or would preclude
development on the property where the development is proposed. In approving an adjustment to
the standards, the approval authority shall balance the benefit of the adjustment with the impact
on the public interest represented by the standards. In evaluating the impact on the public
interest, the approval authority shall consider the criteria listed in paragraph E.1 of this section.
An adjustment to the standards may not be granted if the adjustment would risk public safety.
B. Creation of rights‐of‐way for streets and related purposes. Rights‐of‐way shall be created through
the approval of a final plat; 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.
1. The council may approve the creation of a street by deed of dedication without full compliance
with the regulations applicable to subdivisions or partitions if any one or more of the following
conditions are found by the council to be present:
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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 partitions.
c. The street is located within the mixed use central business district (MU‐CBD) zone and has
been identified on Figures 5‐14A through 5‐14I 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 partition approval.
a. The applicant shall submit such additional information 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 are 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.
C. Creation of access easements. The approval authority may approve an access easement established
by deed without full compliance with this chapter provided such an easement is the only reasonable
method by which a lot large enough to develop can be created.
APPLICANT RESPONSE: Due to existing development on adjacent properties the nature of
improvements will not be extended in the foreseeable future. The most western lot adjacent
to the site on the corner of SW 69th Ave and SW Walnut Terrace cannot be divided and the
entire north side of the Street has yet to be improved. The project by itself does not provide
a significant improvement to the street safety or capacity. A partial improvement may also
create a safety hazard to pedestrians because they would have to step off the sidewalk into
the street on both sides of the project site. For these reasons the applicant requests the city
allow a future street improvement guarantee for this project.
1. Access easements shall be provided and maintained in compliance with the Oregon Fire Code,
Section 503.
2. Access shall be in compliance with 18.920.030.H, I, and J.
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 compliance with subsection N of this
section; and
2. Where the location of a street is not shown in an approved street plan, the arrangement of
streets in a development shall either:
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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.
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 Tigard Downtown Plan 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 provided in Table 18.910.1.
1. The approval authority 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 provided in the comprehensive plan transportation chapter ‐ functional
street classification.
b. Anticipated traffic generation.
c. On‐street parking needs.
d. Sidewalk and bikeway requirements.
e. Requirements for placement of utilities.
f. Street lighting.
g. Drainage and slope impacts.
h. Street tree location.
i. Planting and landscape areas.
j. Safety and comfort for motorists, bicyclists, and pedestrians.
k. Access needs for emergency vehicles.
J. Existing rights‐of‐way. Whenever existing rights‐of‐way adjacent to or within a tract are of less than
standard width, additional rights‐of‐way shall be provided at the time of subdivision or development.
K. Partial street improvements. Partial street improvements resulting in a pavement width of less than 20
feet, while generally not acceptable, may be approved where essential to reasonable development
when in conformity with the other requirements of these regulations, and when it will be practical to
require the improvement of the other half when the adjoining property developed.
O. Curbs, curb cuts, ramps, and driveway approaches. Concrete curbs, curb cuts, wheelchair, bicycle
ramps and driveway approaches shall be constructed in compliance with standards specified in this
chapter and Chapter 15.04,Work in the Right of Way, 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.
APPLICANT RESPONSE: Due to existing development on adjacent properties the nature of
improvements will not be extended in the foreseeable future. The most western lot adjacent
to the site on the corner of SW 69th Ave and SW Walnut Terrace cannot be divided and the
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entire north side of the Street has yet to be improved. The project by itself does not provide
a significant improvement to the street safety or capacity. A partial improvement may also
create a safety hazard to pedestrians because they would have to step off the sidewalk into
the street on both sides of the project site. For these reasons the applicant requests the city
allow a future street improvement guarantee for this project. The driveway approaches have
been designed and will be constructed to meet city standards.
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.
W. Mailboxes. Joint mailbox facilities shall be provided in all residential developments, with each joint
mailbox serving at least two dwelling units.
1. Joint mailbox structures shall be placed adjacent to roadway curbs;
2. Proposed locations of joint mailboxes shall be designated on 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.
Y. Street light standards. Street lights shall be installed in compliance with regulations adopted by the
city’s direction.
APPLICANT RESPONSE: All g survey monuments will be reestablished and protected as
required. Joint mailboxes will be incorporated into the final design as part of site
development permits. The mailbox plan will be coordinated for review and approval by both
the City Engineer and U.S. Post office.
18.910.050 Easements
A. Easements. Easements for sewers, drainage, water mains, electric lines or other public utilities shall
be either dedicated or provided for in the deed restrictions, and where a development is traversed by a
watercourse or drainageway, there shall be provided a stormwater easement or drainage right‐of‐way
conforming substantially with the lines of the watercourse.
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.
APPLICANT RESPONSE: Easements are shown on the preliminary plan set submitted with this
application in accordance with the requirements above.
18.910.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall be installed to serve each new development and to connect
developments to existing mains in compliance with Clean Water Services requirements and 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.
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D. Permits denied. Development permits may be restricted by the approval authority 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.
APPLICANT RESPONSE: There is an existing 8 inch sanitary sewer line in SW Walnut Terrace.
The existing home on Parcel 1 is already connected to the sanitary sewer in accordance with
the standard. The new home on Parcel 2 will tie in with an individual sanitary sewer lateral
to connect to the existing line in SW Walnut Terrace.
18.910.100 Storm Drainage
A. General provisions. The director and city engineer shall issue a development permit only where
adequate provisions for stormwater and floodwater runoff have been made, and:
1. The storm water drainage system shall be separate and independent of any sanitary sewerage
system;
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or
allowed to flood any street; and
3. Surface water drainage patterns shall be shown on every development proposal plan.
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.
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 Clean
Water Services requirements.
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 compliance with Clean Water Services requirements.
APPLICANT RESPONSE: The existing home on Parcel 1 is connected to downspouts that drain to
weep holes in the curb. The existing system is proposed to remain with no modifications
planned.
As shown on the proposed utility plan, the stormwater drainage system has been designed to
serve Parcel 2. Stormwater will be transported from a LIDA swale by a detention pipe
directing stormwater south towards SW Walnut Terrace then to the downstream system that
serves the area. The existing stormwater drainage system has adequate capacity to serve the
one additional home that will result from this application.
For the most part the upstream drainage system is fully developed, and the existing
stormwater system has the adequate capacity to handle additional stormwater that would
result from the future development. The applicant has included a storm report prepared by a
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licensed engineer from the State of Oregon, verifying the system has the capacity to handle
additional stormwater. Therefore, the criterion can and will be met.
18.910.120 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.
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 chapter.
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.
APPLICANT RESPONSE: There are existing overhead utility lines which run adjacent to the site
along the street frontage. The applicant will pay a fee in lieu to the City of Tigard to
underground the utilities. All necessary easements will be shown on final development plans
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for all underground utility facilities and those plans will be submitted to the City Engineer for
review and approval. Therefore, the criterion is met.
18.910.130 Cash or Bond Required
A. Guarantee. All improvements installed by the developer shall be guaranteed as to workmanship and
material for a period of one year following acceptance by the city council.
B. Cash deposit or bond. 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.
C. Compliance requirements. The cash or bond shall comply with the terms and conditions of Section
18.830.080.
APPLICANT RESPONSE: The Applicant will secure a bond for all required improvements as part
of any future site development permits. The bond will comply with the terms and conditions
of this section. Therefore, the criterion is met.
18.910.140 Monuments—Replacement Required
Any monuments that are disturbed before all improvements are completed by the subdivider shall be
replaced prior to final acceptance of the improvements.
APPLICANT RESPONSE: All monuments will be replaced if for some reason they are disturbed
as a result of this project.
18.910.170 Plan Check
A. Submittal requirements. Work shall not begin until construction plans and construction estimates have
been submitted and checked for adequacy and approved by the city engineer in writing. The
developer can obtain detailed information about submittal requirements from the city engineer.
B. Compliance. All such plans shall be prepared in compliance with requirements of the city.
18.910.180 Notice to City
A. Commencement. Work shall not begin until the city has been notified in advance.
B. Resumption. If work is discontinued for any reason, it shall not be resumed until the city is notified.
18.910.190 City Inspection of Improvements
Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may
require changes in typical sections and details if unusual conditions arising during construction warrant
such changes in the public interest.
18.910.200 Engineer’s Written Certification Required
The developer’s engineer shall provide written certification of a form provided by the city that all
improvements, workmanship and materials are in accord with current and standard engineering and
construction practices, and are of high grade, prior to city acceptance of the subdivision’s improvements
or any portion thereof for operation and maintenance.
APPLICANT RESPONSE: No site work will commence until all final construction plans and
applicable estimates have been submitted and approved by the city engineer. The applicant
has read and understands City inspection of all improvements are required in addition to
written certification from the applicants engineer that all materials and improvements are in
accord with the current engineering and construction practices.
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ACCESS EGRESS AND CIRCULATION
18.920.010 Purpose
The purpose of this chapter is to establish standards and regulations for safe and efficient vehicle access
and egress on a site and for general circulation within the site.
18.920.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development including the construction
of new structures, the remodeling of existing structures and to a change of use that increases the onsite
parking or loading requirements or changes the access requirements.
C. When site design review is not required. Where the provisions of Chapter 18.780, Site Development
Review, do not apply, the approval authority shall approve, approve with conditions, or deny an
access plan submitted under the provisions of this chapter in conjunction with another permit or land
use action.
D. Conflict with subdivision requirements. The requirements and standards of this chapter shall not
apply where they conflict with the subdivision requirements of this title.
APPLICANT RESPONSE: As noted above site design review is not a requirement for a single
family detached home. Access to each parcel is shown on the plan set submitted with this
application in accordance with City Development Code.
18.920.030 General Provisions
A. Continuing obligation of property owner. The provisions and maintenance of access and egress
provided in this chapter are continuing requirements for the use of any structure or lot of real property
in the city.
B. Access plan requirements. No land use approval or development permit shall be approved or issued
until plans are approved, as provided by this chapter that demonstrate how access, egress and
circulation requirements are to be met.
C. Joint access. Owners of two or more uses, structures, or lots of land may agree to utilize jointly the
same access and egress when the combined access and egress of both uses, structures, or lots of land
meets the combined requirements of this chapter, provided:
1. Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts
to establish the joint use; and
APPLICANT RESPONSE: Currently, access is provided to the site via SW Walnut Terrace a local
neighborhood dead end public street. An new driveway is proposed for parcel 2. A 15 foot
wide flag access will provide ingress, egress and utilities to serve Parcel 2. The proposed flag
access location is shown on the preliminary partition plat.
The future owners of Parcel 2 will be responsible for the continued maintenance of the
driveway. Joint access is not proposed.
2. Copies of the deeds, easements, leases or contracts are placed on permanent file with the city.
D. Public street access. All vehicular access and egress as required in 18.920.030.H, I and J shall connect
directly with a public or private street approved by the city for public use and shall be maintained at
the required standards on a continuous basis.
E. Curb cuts. Curb cuts shall be in compliance with 18.910.030.O.
F. Required walkway location. On‐site pedestrian walkways shall comply with the following standards:
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1. Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs,
ramps, or elevators of all commercial, institutional, and industrial uses, to the streets that provide
the required access and egress. Walkways shall provide convenient connections between
buildings in multi‐building commercial, institutional, and industrial complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments.
4. Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone,
brick, other pervious paving surfaces, etc. Any pervious paving surface shall be designed and
maintained to remain well‐drained. Walkways may be required to be lighted and/or signed as
needed for safety purposes. Soft‐surfaced public use pathways may be provided only if such
pathways are provided in addition to required pathways.
G. Inadequate or hazardous access.
APPLICANT RESPONSE: After the preliminary plat is approved the applicant will record the
partition plat and any applicable deeds, easements and contracts with the County Recorder
and provide the city a copy for their records. Proposed curb cuts are in compliance with Section
19.910.030. Each parcel adjoins a street, which provides direct access and egress. It will be the
responsibility of the homebuilder to meet the access and egress requirements of this section
of the code, with code compliance evaluated at the time a house plan is submitted for building
permits. The homebuilder will also be responsible for curb cuts for driveways and for the
construction of all required driveways and walkways on their lots and all public sidewalks in
the street right‐of‐way that adjoins their lots. Therefore, the criterion can and will be met.
3. In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single‐family
and duplex dwellings are exempt from this requirement.
H. Access management.
1. An access report shall be submitted with all new development that 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). 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.
I. Minimum access requirements for residential uses.
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
18.920.1 and 18.920.2.
APPLICANT RESPONSE: No new streets or alleys are proposed as a result of this application.
Parcel 1 will continue to utilize an existing access already established at the time the home was
built. No changes are proposed. The proposed access to Parcel 2 will be within a 15‐foot‐wide
flag access on the east side of the property. The access has been designed to have an asphalt
width of 10 feet. This application will create one additional single‐family lot for the future
construction of a single family detached home. One additional single‐family home will not
result in the threshold of trips warranting an access report. City of Tigard staff also confirmed
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an access report was not necessary for this application. Therefore, the criteria for a private
drive serving one or two single family dwellings is met.
Dwelling Units Minimum Number of Driveways Required Minimum Access Required Minimum
Pavement Sidewalks, Etc.
3. Private residential access drives shall be provided and maintained in compliance with the Oregon
Fire Code.
4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following:
a. A circular, paved surface having a minimum turn radius measured from center point to
outside edge of 35 feet;
b. A hammerhead‐configured, paved surface with each leg of the hammerhead having a
minimum depth of 40 feet and a minimum width of 20 feet;
c. The maximum cross slope of a required turnaround is 5 percent.
APPLICANT RESPONSE: Each Parcel has individual access. Parcel 1 will continue to use the
existing driveway to access the garage which is 20 feet from the right of way along SW
Walnut Terrace. Parcel 2 will access the back portion of the site via 10‐foot‐wide improved
driveway within a 15‐foot‐wide flag access. The flag access to Parcel 2 is 115 feet therefore
does not require a turn around. The new driveway to Parcel 2 has been designed in
accordance with the Oregon Fire Code. The Fire Marshall will review the proposed access and
driveway and provide comments in relation to this project at the time of preliminary plat
approval. If necessary the applicant will make any modifications necessary to be in
compliance with the Oregon Fire Code.
VISION CLEARANCE AREAS
18.930.010 Purpose
The purpose of this chapter is to establish standards that will assure proper sight distances at
intersections
to reduce the hazard from vehicular turning movements.
18.930.020 Applicability
A. Applicability. The provisions of this chapter shall apply to all development including the construction
of new structures, the remodeling of existing structures and to a change of use that increases the onsite
parking or loading requirements or changes the access requirements.
18.930.030 Vision Clearance Requirements
A. At corners. Except within the MU‐CBD zone a vision clearance area shall be maintained on the
corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway
providing access to a public or private street.
B. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall
structure or temporary or permanent obstruction (except for an occasional utility pole or tree),
exceeding 3 feet in height, measured from the top of the curb, or where no curb exists, from the street
center line grade, except that trees exceeding this height may be located in this area, provided all
branches below 8 feet are removed.
18.930.040 Computations
B. Non‐arterial streets.
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1. Non‐arterial streets 24 feet or more in width. At all intersections of two non‐arterial streets, a
nonarterial street and a driveway, and a non‐arterial street or driveway and railroad where at least one
of the streets or driveways is 24 feet or more in width, a vision clearance area shall be a triangle
formed by the right‐of‐way or property lines along such lots and a straight line joining the right of‐
way or property line at points that are 30 feet distance from the intersection of the right‐of‐way
line and measured along such lines. See Figure 18.930.1:
APPLICANT RESPONSE: The site is located on a non‐arterial street dead end street that is
greater than 24 feet in width from curb to curb. Clear vision triangles are identified on the
plan set in accordance with the standard for a new driveway on a non‐arterial street.
1
IMPACT STUDY
SW Walnut Terrace Minor Land Partition
The following provisions are applicable to this Type II Application, a minor land partition application:
APPLICANT’S RESPONSE:
The various public facilities and services listed in this section related to this impact study are addressed
as follows:
Transportation System
Discussions with City staff at the pre-app have determined that partial street improvements may be
required. Both the north and south sides of Walnut Terrace are currently improved with curbs and
asphalt to allow for two-way traffic and parking along both sides of the street. The applicant proposes
to defer the improvements and sign an agreement for future street improvements as indicated in the
pre-app notes. The subject site fronts onto Walnut Terrace.
Two feet of additional street right of way will be dedicated along SW Walnut Terrace for 27 feet in
ultimate right of way width to the centerline from the sites southern boundary. The applicant requests
the city allow the applicant to pay a fee in lieu or sign a waiver of non-remonstrance for the future street
improvements that include: a sidewalk, planter strip and street trees. The applicant is requesting the
city allow a future street improvement guarantee or fee in lieu until such a time comes when it is
feasible to accomplish a larger scale of improvements. Currently Walnut Terrace is a local dead-end
street that is curb tight with little no ½ street improvements that meet this standard. The site has a
relatively small amount of street frontage with 71 linear feet and considering the proposed 15-foot flag
access to Parcel 2 and the existing driveway to the existing home on Parcel 1 the nature of street
improvements would not really be a benefit to the public with the future street improvements resulting in
the construction of a small amount of public improvements. Traffic volume is also low on Walnut
Terrace since it is a dead-end street. The nature of improvements would not be a safety improvement
that would connect to other half street improvements on adjacent properties. All work in the right of
way as part of this project would still allow for one lane of traffic. Impacts to the neighborhood would be
minimal.
Drainage System
One new on-site drainage facilities will be constructed and designed to meet city and CWS regulations.
CWS and City of Tigard requires all proposed developments to convey storm water to an approved
public drainage system. Parcel two proposes a LIDA facility to treat, detain and release storm water
into the existing storm system. The existing house on Parcel 1 directs stormwater to weep holes that
drain to the curb. No modifications are proposed to the existing home. The proposed 2-lot partition
will comply with this requirement and proposes to pay a fee-in-lieu for both water quality and quantity.
Parks System
There are no parks proposed through this application. Residents of the future single-family residences
built upon the subject site will utilize existing City park sites. The impacts to these existing facilities will
be minimal given that this application is creating one additional single family residence. The applicant
will also be required to pay system development charges related to the new dwelling.
2
Water System
Water system improvements necessary to serve the subject site consist of extending a lateral from the
existing public water line in the SW Walnut Terrace public right-of-way onto the site and installing an
individual water meter to serve proposed parcel 2. The water main extension will occur entirely within a
public right-of-way. Impacts to the general-public, existing public water system and affected private
properties will be minimal. The street will be hot patched after the work is complete. The applicant will
also be required to pay system development charges related to the new dwelling.
Sanitary Sewer System
Other than connection to the existing sanitary line in SW Walnut Terrace, all construction of this system
will occur on the subject site. This sanitary sewer system will be designed to meet City standards and
these standards have been adopted to minimize impacts of development on existing public facilities
and the public facilities. The street will be hot patched after the work is complete. The applicant will
also be required to pay system development charges related to the new dwelling.
Noise Impacts
This application involves a two-lot partition creating one additional single-family detached home. Given
the subject site lies within an area of existing single-family residences, noise impacts associated with
development of the subject are compatible based upon infill land use trend and will therefore be
minimal. There will be short-term noise associated with site development. These impacts are mitigated
through conditions imposed by the City associated with construction during normal business hours.
May 2, 2018
Project No: WRI001
Drainage Narrative
WRIGHT PARTITION
6815 SW Walnut Terrace
Tigard, Oregon
Prepared for:
Garo Wright
Prepared by:
Gary Darling
DL Design Group, Inc
500 West 8th Street, Suite 205
Vancouver, WA 98660
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TABLE OF CONTENTS
Project Overview .................................................................................................................2
Methodology ........................................................................................................................3
Appendix ..............................................................................................................................4
List of Figures
Figure 1: Vicinity map ........................................................................................................2
Figure 2: Existing conditions ..............................................................................................5
Figure 3: Site plan ...............................................................................................................6
Figure 4: Drainage plan ......................................................................................................7
Figure 5: NRCS soil map ....................................................................................................8
Figure 5: NRCS soil map results ........................................................................................9
Figure 6: Description of soil 7C........................................................................................10
Figure 7: Description of soil 7D .......................................................................................12
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Figure 1: Vicinity map.
Project Overview
This proposed project is a 2-lot partition at 6815 SW Walnut Terrace in Tigard, Oregon. The site is located
in the SE ¼ of the SW ¼ of Section 01 T1N R3W Willamette Meridian, Washington County. The tax lot
is 2400. The tax map is 1S 1W 25DA. The site’s zoning designation is Single Family Residential R-5.
Tax Lot 2400 is currently 17,684 sf. A 2-ft public dedication will reduce the private site area to 17,514 sf.
Lot 1 will be 7,716 sf. Lot 2 will be 8,168 sf. The “flag” entryway will cover 1,630 sf.
Lot 2 is covered with grass, trees, and a portion of the deck attached to the existing house. Slopes are to
the SW at approximately 13%. Elevations range from 414 ft in the NE corner to 400 ft in the SW. Native
soils are Cascade silt loam (Figure ). This soil belongs to Hydrologic Soil Group C and is “somewhat
poorly drained” (Figures & ).
Existing onsite structures include a house with attached garage, a deck, a shed, and an asphalt driveway.
Table 1 lists the onsite predevelopment impervious areas.
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Table 1: Onsite Predevelopment Impervious Areas
Surface Area
(sf)
House w/Garage 2,678
Deck 976
Shed 174
Asphalt Driveway 2,539
Total = 6,367 sf
The house, shed, and the portion of the driveway extending from Walnut Terrace to the attached garage
will remain post-development (Figure 2). Approximately 2,096 sf of the existing asphalt driveway will be
removed. The removed driveway will be replaced by landscaping and a new 10-ft wide driveway providing
Lot 2 access to Walnut Terrace. The new driveway will be located in the “flag” and cover 1,087 sf. The
existing deck will also be removed. Altogether, the project will result in a 1,985-sf reduction in impervious
surface area prior to the development of Lot 2.
Public improvements on Walnut Terrace will include two new driveway approaches, a standard 0.5-ft
curb, 5.0-ft planter, 5.0-ft sidewalk, and 0.5-ft buffer. The existing roadway will be widened by
approximately 2.2 ft. A 2-ft dedication is required.
Methodology
Stormwater from the new lot will be treated with a 158-sf flow-through planters. Per CWS, the planter is
sized to be 6% of the assumed contributing impervious surface area of 2,640 sf per lot. Treated stormwater
from the planter will overflow to a 6” storm lateral. A private catch basin collecting runoff from the new
driveway will also tie into the 6” storm lateral. The storm lateral will connect to the existing 15” public
storm main on Walnut Terrace.
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Appendix
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Figure 2: Existing conditions.
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Figure 3: Site plan.
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Figure 4: Drainage plan.
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Figure 5: NRCS soil map.
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Figure 5: NRCS soil map results.
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Figure 6: Description of soil 7C.
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Figure 7: Description of soil 7D.
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ARBORIST REPORT
Nature of the Report: Arborist Report
Address of the Report: 6815 Walnut Ter, Tigard OR 97223
Date of the Report: June 20, 2018
Report Submitted To: Tigard Urban Forestry
This report is a basic tree plan for the development of the property located at 6815
Walnut Terrace. There are currently 10 trees on thi s property. Due to condition
and/or location of the some of the trees, only trees #1,#9 and #10 will remain.
This report will focus more so on trees 9 and 10, as tree number 1 will not be
affected in any way. Trees 9 and 10 will have root protection zones as ill ustrated in
the plans. Because of the limited space, tree #10 will have an adjusted tree
protection fence line. The unprotected root zone in this case is much less than
20%. Any excavation activity in this protection zone should still be brought to t he
attention of the site arborist as they will need to oversee this work. The proposed
protection fencing will protect the remaining root protection zone of tree 10 and the
complete protection zone of tree 9. Tree protection fencing will be 6’ tall metal
fence with clear signage. Once installed, it may not be altered without the site
arborist approval.
Upon removal of the trees, canopy density will still be more than 15% but less than
the required 40% after development. The proposed plan is to plant two trees, one
on each lot that when mature will satisfy the developed 40% canopy requirements.
The tree species and locations are indicated on the site plans.
I have reviewed the tree preservation/removal plan and believe it meets all the
requirements of Section 10, part 1 of the Urban Forestry Manu al. The canopy site
plans meet all the requirements in Section 10, part 2 of the Urban Forestry Manual.
This supplemental report meets all of the requirements in Section 10, part 3 of the
Urban Forestry Manual.
Sincerely,
Steve Phoenix
Tree Care Unlimited, LLC
Certified Arborist
PN – 7593A
503.793.1881
Residenial and Commercial Pruning • Removals • Arboricultural Services • Consultation
MEMBER: Tree Care Industry Association • International Society of Arboriculture • Oregon Construction
Contractors Assoc. State Licensed Tree Service #195179•Insured
P.O. Box 1566 • Lake Oswego, OR 97035 • 503.657.6570
Visit our website at www.treecareunlimitedllc.com • E-mail: info@tclu.com
Stephen Phoenix
Name: Garo Wright Location: 6815 SW Walnut Ter, Tigard, OR 97223 Date: 3/19/2018 Arborist: Stephen Phoenix PN‐7593A COMMON NAME BOTANICAL NAME DBH CANOPY SPREAD OPEN OR STAND TREE HERITAGE TREE COND. RATING PRESERVATION. RATING REMOVE/RETAIN/COMMENTS #1. Maple Acer 8" 8' Radius Stand No 3 3 Retain #2Japanese Maple Acer palmatum 8" 8' Radius Stand No 2 2 Remove #3 Douglas Fir Pseudotsuga menziesii 24" 24' Radius Stand No 3 3 Remove #4 Pacific Madrone Arbutus menziesii 24" 24' Radius Stand No 3 2 Remove #5 Douglas Fir Pseudotsuga menziesii 36" 35' Radius Stand No 1 0 Remove/ Conks along the trunk #6 Douglas Fir Pseudotsuga menziesii 30" 30' Radius Stand No 1 0 Remove/ Evidence of failed top #7 Douglas Fir Pseudotsuga menziesii 24" 24' Radius Stand No 1 0 Remove/ Trunk damage, ground fungus, suspect root rot #8 Douglas Fir Pseudotsuga menziesii 44" 44' Radius Stand No 1 0 Remove/ Ground fungus suspect root rot #9 White Oak Quercus alba 13" 13' Radius Stand No 3 3 Retain #10 Douglas Fir Pseudotsuga menziesii 36" 36' Radius Stand No 3 3 Retain
Clean Water Services File Number
CleanWateServices
Sensitive Area Pre-Screening Site Assessment
1. Jurisdiction: Tigard
2. Property Information (example 1S234A801400)
Tax lot ID(s) 1s125DA02400
QB Site Address: 6815 SW Walnut Terrace
City, State, Zip: Tigard, OR 97223
Nearest Cross Street: SW 69th Ave.
3. Owner Information
Name: Garo Wright
Company: Property Owner
Address: 6815 SW Walnut Terrace
City, State, Zip: Tigard, OR 97223
Phone/Fax: 503-347-8028
Garo.Wright@ecpowerslife.com
4. Development Activity (check all that apply)
13 Addition to Single Family Residence (rooms, deck, garage)
Di Lot Line Adjustment 1:1 Minor Land Partition
13 Residential Condominium 1:1 Commercial Condominium
13 Residential Subdivision ci Commercial Subdivision
U Single Lot Commercial 13 Multi Lot Commercial
Other
5. Applicant Information
Name: Steve Bloomquist
Company: NA
Address: 6612 SW Walnut Terrace
City, State, Zip: Tigard, OR 97223
Phone/Fax: NA
E-Mail: bodey219@gmail.com
6. Will the project involve any off-site work? 13 Yes la No 0 Unknown
Location and description of off-site work
7. Additional comments or information that may be needed to understand your project Two lot partition. The existing home in front will
remain. One new home in the back of the lot will be built.
This application does NOT replace Grading and Erosion Control Permits, Connection Permits, Building Permits, Site Development Permits,
DEQ 1200-C Permit or other permits as issued by the Department of Environmental Quality, Department of State Lands and/or Department of
the Army COE. All required permits and approvals must be obtained and completed under applicable local, state, and federal law.
By signing this form, the Owner or Owner's authorized agent or representative, acknowledges and agrees that employees of Clean Water Services have authority to enter
the project site at all reasonable times for the purpose of inspecting project site conditions and gathering information related to the project site. I certify that I am
familiar with the information contained in this document, and to the best of my knowledge and belief, this information is true, complete, and accurate.
Print/Type Name Steve Bloomquist Print/Type Title Applicant
Signature Date March 5,2018
FOR DISTRICT USE ONLY
pi Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE ASSESSMENT PRIOR TO ISSUANCE OF A
SERVICE PROVIDER LETTER, If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also
be required.
▪ Based on review of the submitted materials and best available information Sensitive areas do not appear to exist on site or within 200' of the site. This Sensitive
Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered. This
document will serve as your Service Provider letter as required by Resolution and Order 17-05, Section 3.02.1. All required permits and approvals must be
obtained and completed under applicable local, State, and federal law.
U Based on review of the submitted materials and best available information the above referenced project will not significantly impact the existing or potentially
sensitive area(s) found near the site. This Sensitive Area Pre-Screening Site Assessment does NOT eliminate the need to evaluate and protect additional water quality
sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 17-05, Section
3.02.1. All required permits and approvals must be obtained and completed under applicable local, state and federal law.
• This Service Provider Letter is not valid unless CWS approved site plan(s) are attached.
• The proposed activity does not meet the definition of development or the lot was platted after 9/9/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE
PROVIDER LETTER IS REQUIRED.
Reviewed by Date
Once complete, email to: SPLReview@cleanwaterservices.org • Fax: (503) 681-4439
OR mail to: SPL Review, Clean Water Services, 2550 SW Hillsboro Highway, Hillsboro, Oregon 97123
Revised 6/2017
18-000756
03/08/18 Laurie Bunce
GIDGIDKRFAS SHOWNC0COVER SHEET04/18/2018NAME: W:\WRI001\DD\WRI001D00.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.tigard, oregon6815 SW WALNUT TERRACE
GIDGIDKRFAS SHOWNC1.1EXISTING CONDITIONS PLAN4/19/2018NAME: W:\WRI001\DD\WRI001D11.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.GENERAL NOTES:1. BENCHMARK INFORMATION. CITY OF TIGARD BENCHMARK NO. 119. AN NGS BRASS DISC IN THERETAINING WALL AROUND THE GARDEN OF METZGER WATER DISTRICT ON THE NW CORNER OF TAYLORFERRY ROAD AND 65TH AVE.ELEVATION 477.04'.2. UTILITY INFORMATION FROM PLANS AND MARKINGS HAVE BEEN COMBINED WITH OBSERVED ABOVEGROUND EVIDENCE OF UTILITIES TO DEVELOP A VIEW OF THE UNDERGROUND UTILITIES AS THEY APPEARHEREON. HOWEVER, LACKING EXCAVATION, THE EXACT LOCATION OF UNDERGROUND FEATURES CANNOT BEACCURATELY, COMPLETELY, AND RELIABLY DEPICTED. IN ADDITION, IN SOME JURISDICTIONS, 811 OR OTHERSIMILAR UTILITY LOCATE REQUESTS FROM SURVEYORS MAY BE IGNORED OR RESULT IN AN INCOMPLETERESPONSE. IF WE SUSPECT THIS HAS OCCURRED, WE WILL NOTE HEREON HOW THIS AFFECTED OURASSESSMENT OF THE LOCATION OF THE UTILITIES. IF ADDITIONAL OR MORE DETAILED INFORMATION ISREQUIRED, THE CLIENT IS ADVISED THAT EXCAVATION AND/OR A PRIVATE UTILITY LOCATE REQUEST MAY BENECESSARY.3. MANHOLES SHOWN HEREON ARE TO CENTER OF MANHOLE LID, NOT CENTER OF STRUCTURE.4. A TITLE REPORT WAS NOT PROVIDED. EASEMENTS MAY EXIST WHICH ARE NOT DEPICTED HEREON. RIGHTOF WAY LINES WERE RESOLVED BASED UPON FOUND SURVEY MONUMENTS AND SURVEY RECORDS.CITYOFTIGARD
SITEVICINITY MAP - NOT TO SCALESW 70TH AVE
SW ALFRED STSW 69TH AVE
SE TAYLORS FRY RDSW EVELYN SW WILBARDSW HUBERSW 65TH AVE
SW BRUGGERSW WALNUTTERRACESW 66TH AVESANITARY SEWER LINESTORM DRAIN LINEGAS LINEWATER LINEOVERHEAD UTILITIES LINEELECTRIC LINESANITARY SEWER MANHOLEWATER METER/SERVICEELECTRIC METER/SERVICEDECIDUOUS TREEUTILITY POLEUTILITY GUY POLEEVERGREEN TREESTORM DRAIN MANHOLEMAJOR CONTOURMINOR CONTOURFENCECONCRETE WALL WALLWATER VALVESURVEY LEGEND - EXISTING FEATURESFIREVERGREENMAPLEDECIDUOUSFIEVMADEwww.summitlandsurveyors.com
GIDGIDKRFAS SHOWNC2.1SITE PLAN4/19/2018NAME: W:\WRI001\DD\WRI001D21.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.
GIDGIDKRFAS SHOWNC3.1GRADING PLAN4/19/2018NAME: W:\WRI001\DD\WRI001D31.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.
GIDGIDKRFAS SHOWNC3.2EROSION CONTROL NOTES AND DETAILS4/19/2018NAME: W:\WRI001\DD\WRI001D31.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.
GIDGIDKRFAS SHOWNC4.1SAN SEWER & WATER PLAN4/19/2018NAME: W:\WRI001\DD\WRI001D41.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.
GIDGIDKRFAS SHOWNC5.1STORM SEWER PLAN4/19/2018NAME: W:\WRI001\DD\WRI001D51.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.
GIDGIDKRFAS SHOWNC6.1STANDARD DETAILS4/19/2018NAME: W:\WRI001\DD\WRI001D61.dwg DATE: MAR 27, 2018 TIME: 10:01 AM
REV.DATEBYNUMBERDesigned By:PROJECTDrawn By:Checked By:Scale:Date:TIGARD, OREGON
6815 SW WALNUT TERRACE
WRI001Suite 205500 West 8th StreetVancouver, WA 98660(503) 644-4628DESIGN GROUP INC.