MLP2004-00006 Decision - FOUSHEE PARTITION
NOTICE OF TYPE 11 DECISION
"URBAN SERVICE AREA"
MINOR LAND PARTITION MLP 2004-00006 GITityDe ARD
Community 1~evefopment
FOUSHEE PARTITION NO.1 Shaping gBetterCommunity
120 DAYS =3/1612005
SECTION I. APPLICATION SUMMARY
"URBAN SERVICE AREA"
FILE NAME: FOUSHEE PARTITION NO. 1
CASE NOS: Minor Land Partition (MLP) MLP2004-00006
Sensitive Lands Review (SLR) SLR2004-00017
PROPOSAL: To split one 5.36 acre tract into 3 parcels (56,783, 56,203, and 75,559 square feet
respectively). The applicant has submitted a shadow plat for later division of these
parcels to show how the minimum density will be attained over time. Any
subsequent division will require a new application and notice to surrounding
property owners. A sensitive lands request was filed, but was deemed
unnecessary as there are no portions of the site greater than 25% slope.
APPLICANT: Lan Pacific OWNER: Sean Foushee
Attn: Julie Sabin Accent Homes
1001 SE Water Avenue, Suite 360 12583 SW Autumnview Street
Portland, OR 97214 Tigard, OR 97223
ZONING
DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to
accommodate attached single-family homes, detached single-family homes with or
without accessory residential units, at a minimum lot size of 5,000 square feet, and
duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and
subdivisions are also permitted outright. Some civic and institutional uses are also
permitted conditionally.
LOCATION: On the north side of SW Bull Mountain Road at the intersection of SW Roshak
Road; WCTM 2S108AB, Tax Lot 1201.
PROPOSED PARCEL 1: 56,783 Square Feet.
PROPOSED PARCEL 2: 56,203 Square Feet.
PROPOSED PARCEL 3: 75,559 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscapln and
Screening); 18.765 (Off -Street parking and Loading Requirements); 18.790 Tree
Removal); 18.795 (Visual Clearance Areas); 18.810 (Street and Utility
Improvement Standards); and the Bull Mountain Community Plan.
SECTION 11. 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. The Sensitive Lands Review has been voided as there were
no sensitive lands on the subject parcel.
NOTICE OF DECISION MLP2004-00006(FOUSHEE PARTITION NO. 1 PAGE 1 OF 25
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES:
Submit tote Planning Division organ racy, 639-4171, ext. or review an approva :
1. Prior to commencing on-site improvements, the applicant shall submit a final tree mitigation
planting plan as part of their construction drawings. The applicant shall submit a cash deposit,
letter of credit, or any other assurance deemed acceptable by the Director for the full value of the
mitigation ($125 x 404 = $50,500). Once the trees have been planted and/or the fee in lieu has
been paid, the assurance will be released. Failure to adhere to the tree protection program shall
result in a stop work order, until such time that an assessment of the site can be made, and
proper remedies as provided for in Chapter 18.790 have been implemented.
2. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan
that shows exactly how far the tree protection fencing will be from the face of each protected tree
(including those on neighboring properties where construction occurs within the trees' driplines)
that will be impacted by construction activities within its dripline. The applicant, through their
Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall
certify by signing the final tree protection plan to be included with the construction documents that
the activities will not adversely impact the overall and long-term health and stability of each tree.
Any construction that occurs within the neighboring trees' driplines should be justified by the
applicant and approved by the City Forester and neighboring property owner(s). Work may
proceed within the driplines only with the approval of the City Forester.
3. Prior to commencing on site improvements, the applicant shall ensure that the Project Arborist
will be respponsible for submitting written reports to the City Forester, at least, once every two
weeks, as he monitors the construction activities and progress. These reports should include any
changes that occurred to the TPZ as well as the condition and location of the tree protection
fencing. If the amount of TPZ was reduced then the Project Arborist shall Justify why the fencing
was moved, and shall certify that the construction activities to the trees did not adversely impact
the overall and long-term health and stability of the tree(s). If the reports are not submitted or
received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree
Protection Plan is not being followed by the contractor, the City may stop work on the project until
an inspection can be done by the City Forester and the Project Arborist. This inspection will be to
evaluate the tree protection fencing, determine if the fencing was moved at any point during
construction, determine if any part of the Tree Protection Plan has been violated, and if so what
remedial measures shall be imposed prior to resuming work.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
4. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required
for this project to cover street and utility improvements and any other work in the public right-of-
way. Eight (8) sets of detailed public improvement plans shall be submitted for review to the
Engineering Department. 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 (PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 2 OF 25
6. 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 on-site. 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. Additional right-of-way shall be dedicated to the Public along the frontage of Bull Mountain Road
to increase the right-of-way to 35 feet from the centerline. The description shall be tied to the
existing right-of-way centerline. The dedication document shall be on City forms. Instructions are
available from the Engineering Department.
8.1 The applicant shall provide a copy of the recorded document for the ROW dedication at the
southeast quadrant of the Bull Mountain Road/Roshak intersection.
9. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, which indicate that they will construct a half-street
improvement along the frontage of Bull Mountain Road. The improvements adjacent to this site
shall include:
A. City standard pavement section for a Collector street from curb to centerline equal to 23
feet;
B. pavement tapers needed to tie the new improvement back into the existing edge of
pavement shall be built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to convey surface and/or
subsurface runoff;
E. 5 foot concrete sidewalk with a planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant's engineer, to be approved by City Engineer;
1. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW Bull Mountain Road
and Roshak in a safe manner, as approved by the Engineering Department.
10. The applicant's engineer shall revise the intersection centerline alignments at Bull Mountain Road
and the proposed public street `A'. The engineer shall submit the intersection improvement plans
to Vannie Nguyen, CIP, for review and approval.
11. Prior to commencing on site improvements, the applicant shall complete the design for the
intersection improvement at Roshak and Bull Mountain Road, and submit to the City's Capital
Improvement Program staff (Vannie Nguyen) for review and approval. The plans need to be
revised to align the centerlines per the design standards for the south leg of Bull Mountain Road
and the proposed public street `A'.
12. =file of Bull Mountain Road shall be required, extending 300 feet either side of the subject site
ing the existing grade and proposed future grade. The profile shall also include Roshak
Road 300 feet beyond Bull Mountain Road.
13. A profile for the entire length of the proposed future extension of street 'A' shall be provided with
the PH submittal. The profile shall include 300 feet beyond the north end of 153' Avenue.
14. The applicant's engineer shall provide preliminary sight distance certification for the proposed
intersection of the new public street `A' and Bull Mountain Road.
15. No lots shall be permitted to access directly onto Bull Mountain Road.
16. The applicant's construction drawings shall show that the pavement and rock section for the
proposed private street(s) shall meet the City's public street standard for a local residential street.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 3 OF 25
17. The applicant shall submit plans for the sanitary sewer extension to the City and Clean Water
Services (CWS) for review. The applicant shall obtain approval and permits for the sewer from
CWS.
18. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties.
19. The applicant shall submit plans for the storm sewer, including downstream analysis for
detention, to the City and CWS for review. The applicant shall obtain approval and permits for
the storm sewer system from CWS.
20. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
(PFI) permit construction drawings and shall be reviewed and approved by the City's Water
Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
21. The applicant's plans shall be revised to meet Washington County's eyebrow corner standard for
the north end of the proposed public street `A'.
22. The applicant's plans shall indicate the construction of an 8" water line extension from this
development to the existing water line in Baker Lane. No public water line extension will be
allowed in private street `A'.
23. All water meters shall be located within the planter strip.
24. Any necessary off-site utility easements shall be the responsibilit of the applicant to obtain and
shall be submitted to and accepted by the City prior to issuance ofythe PFI.
25. The applicant shall provide an on-site water quality facility as required by Clean Water Services
Design and Construction Standards (adopted by Resolution and Order No. 00-7). Final plans
and calculations shall be submitted to the Engineering Department (Kim McMillan) for review and
to CWS for review, approval and permit issuance. In addition, a proposed maintenance plan shall
be submitted along with the plans and calculations for review and approval.
26. The applicant shall provide a maintenance access road to the facility and any drainage structures
within the facility to accommodate maintenance vehicles. The access road shall be paved and
have a structural section capable of accommodating a 50,000-pound vehicle. The paved width
shall be a minimum of 10 feet wide, and there shall be two-foot rock shoulders provided on each
side. If the maintenance roadway is over 150 feet in length, a turnaround shall be provided.
27. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, February 2003 edition."
28. The applicant shall incor orate the recommendations from the submitted geotechnical report by
GRI, dated September T 2004, into the final grading plan. The geotechnical engineer shall be
employed by the applicant throughout the entire construction period to ensure that all grading,
including cuts and hills, are constructed in accordance with the approved plan and Appendix
Chapter 33 of the UBC. A final construction supervision report shall be filed with the Engineering
Department prior to issuance of building permits.
29. The design engineer shall 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.
30. The final construction plans shall be signed by the geotechnical engineer to ensure that they have
reviewed and approved the plans. The geotechnical engineer shall also sign the as-built grading
plan at the end of the project.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 4 OF 25
31. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
32. The applicant shall provide signage at the entrance of each private street that lists the street
name or the addresses that are served by the given driveway or street.
33. Prior to construction the applicant shall provide the City with approvals from CWS for the sanitary
sewer and storm sewer systems.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
Submit tote Planning Division organ racy, 639-4171, ext. 4 or review an approva :
34. Prior to final plat approval, the applicant shall submit a final shadow plat that shows the lot lines of
the future lots along with the present R-7 setbacks shown on each lot. The applicant shall further
note that the flag lots will be required to maintain 10 foot side yard setbacks, but may choose the
location of the front yard. The applicant shall include a note on the face of the partition plat that
the placement of structures on Parcels 1-3 shall be built within the confines of the setbacks on a
single future lot, and shall additionally record deed restrictions on each lot with an exhibit showin
the Future Shadow Plat. Any subsequent alterations to the final shadow plat lot boundaries wi?,
require reapplication through a minor land partition or subdivision request.
35. Prior to final plat approval, the applicant shall provide a minimum 10 foot wide public pedestrian
easement to the east for the internal public street, generally along the side of future lot 6 or 9, as
shown in the shadow plat.
36. Prior to final plat approval, the applicant shall submit a sight distance certification.
37. Prior to final plat approval, the applicant shall cause a statement to be placed on the plat
indicating that no direct vehicular access to SW Bull Mountain Road shall occur from any Parcel
and all new driveways shall be placed a minimum of 150 feet north of the Bull Mountain Road
right-of-way.
38. Prior to final plat approval, the applicant shall show access easements in the alignments shown
on the preliminary partition plat. I~ Iaintenance responsibilities for these easements shall also be
described on the plat.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
39. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
40. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private street(s) will be jointly owned and maintained by the private property owners who abut and
take access from it (them).
41. The applicant shall provide a 54 foot wide easement on the plat that provides for the future
extension of the public street to the east. The easement shall state that upon partitioning Parcel
3, the easement will be dedicated as public right of way and will be improved to the street
standards in effect at the time of partitioning at the expense of the applicant.
42. Prior to final plat approval, the applicant shall pay $597.00 to the City for the striping of the bike
lane along the frontage of Bull Mountain Road.
43. The applicant shall either place the existing overhead utility lines along SW Bull Mountain Road
underground as a art of this project, or they shall pay the fee in-lieu of undergrounding. The fee
shall be calculatedby the frontage of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $5,460.00 and it shall be paid prior
to final plat approval.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 5 OF 25
44. The applicant's engineer shall provide final sight distance certification for the intersection of the
new public street `A and Bull Mountain Road.
45. The engineer shall provide final sight distance certification for the intersections at private streets
Wand B' with public street A .
46. The applicant's final plat shall show a non-access reservation along the development's frontage
of Bull Mountain Road, except at the approved access location.
47. The applicant's final plat shall contain State Plane Coordinates 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 rid 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.
48. Final Plat Application Submission Requirements:
A. 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.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 2421).
C. 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.
D. The right-of-way dedication for Bull Mountain Road shall be made on the final plat.
E. 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.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
Submit tote Planning Division organ racy, 639-4171, ext. or review an approva :
49. Prior to issuance of building permits, the applicant shall ensure that the placement of structures
on Parcels 1-3 shall be placed within the setback boundaries of a single future lot as shown in the
applicant's shadow plat (Sheet C5). The applicant shall include a note on the face of the partition
plat to this effect, and shall additionally record deed restrictions on each lot with an exhibit
showing the Future Shadow Plat. Alterations to the shadow plat lot boundaries will require
reapplication through a minor land partition or subdivision request.
50. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final
report describing how the Tree Protection Plan was implemented and detailing any failures to
comply with the Tree Protection Plan. The report shall also describe the health of all remaining
trees on the site, with details provided as to any tree that has had its root system disturbed or that
has otherwise been damaged.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
51. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 6 OF 25
52. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all utilities
are installed and inspected for compliance, including franchise utilities, 2 all local residential
streets have at least one lift of asphalt, 3 any off-site street and/or utility improvements are
substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE:
the City apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
53. Prior to issuance of building ermits, the applicant shall provide the City with as-built drawings of
the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format,
if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Pro ert Histo :
The subject parcel is located in unincorporated Washington County in the Urban Services Area, and is
subject to City of Tigard planning review. The property is designated Medium Density Residential on the
Tigard Comprehensive Plan and Zoning Map. No other land use approvals were found to be on file.
Site Information and Proposal Descriptions
he subject property is approximately 233,328 square feet is size and is generally flat. The site is
located at the intersection of SW Bull Mountain Road and Roshak Roads. The property has an
allowable density range of between 26 and 33 units. This 3-lot partition request will be providing
intersection and street improvements based on the total anticipated impact of the full density potential
and existing transportation deficiencies. To the north of this site is the Foushee Partition No.2 (MLP
2004-00007) on a separate landlocked parcel which will be accessed via the subject site. Each of the
large parcels in this request have been shadow planned for future land division, which is addressed in
greater detail in this decision. The subject site is vacant with single-family homes located on the
adjacent properties.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. One phone call was received inquiring about the partition, but the caller had no
specific concerns. No written comments were received.
SECTION V. SUMMARY OF APPLICABLE CRITERIA
A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this
decision are as follows:
A. Land Partitions
B. Applicable Development Code Sections
8.510 (Residential zoning districts
18.705 Access, Egress and Circulation)
18.715 Density)
18.730 Exceptions to Development Standards)
18.745 Landscaping and screening)
NOTICE OF DECISION MLP2004-00006IFOUSHEE PARTITION NO. 1 PAGE 7 OF 25
18.765 Off-street parking and loading requirements)
18.790 Tree removal)
18.795 (vision clearance)
C. Street and Utili Improvement
TTM tree an tl I mprovement Standards)
D. Decision Makin Procedures
18.390 mpact Study)
E. Bull Mountain Community Plan
The proposal contains no elements related to the provisions of these Specific Development Standard
Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home
Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste &
Recyclable Storage) 18.760 (Nonconforming situations), 18.785 (Temporary Uses), and 18.798
(Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as
approval standards.
SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS
A. Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). The applicant has proposed and will be required to construct public facilities
to serve the ultimate impact of the proposed development. Based on the analysis provided herein, Staff
finds that adequate public facilities are or will be made available to serve the proposal. Therefore, this
criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-7 zoning district is 50 feet. Parcel #1 is 649 feet in width,
Parcel #2 is 300 feet wide and Parcel #3 is 300 feet wide. Therefore, this standard has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-7 zoning district is 5,000 square feet for detached
single-family units. The proposed partition creates three (3) lots that are 56,783, 56,203 and 75,559
square feet respectively. This criterion has been satisfied.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15 foot wide access easement.
NOTICE OF DECISION MLP2004-00006IFOUSHEE PARTITION NO. 1 PAGE 8 OF 25
Since a new public street will be dedicated and constructed with the partition plat, all three lots will
greatly exceed the 15-foot street frontage requirement. This criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-7 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet, and
rear, 15 feet. The site is presently vacant, so any new structure will be required to meet the setbacks
which will be assured through the building permit process. It is further noted, and conditioned later in
this decision that to ensure that the proposed shadow plat can be realized, specific building envelopes
are required to be adhered to. This standard is met.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
Since a new public street will be dedicated with the partition plat, all parcels will have street frontage.
Therefore, none of the proposed parcels will be a flag lot, and this standard is not applicable.
A screen shall be provided along the property
accessway is line of a lot of record where the paved drive in an
located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
A private easement will be created for tax lot 1200 to the north, however, no screen is required since this
private easement will be on the subject parcel, and the driveway will be located greater than 10 feet from
off site adjoining parcels.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (TVF&R) has reviewed the proposal and comments are included at the end of this
decision. The applicant has shown two proposed hydrants on the new public street.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
An easement is proposed to extend from the end of the new public street to tax lot 1200 to the north.
The partition plat additionally shows other easements for future development. These will be required to
be shown on the final plat with maintenance responsibilities assigned as appropriate. Therefore this
standard can be met.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. The site is at
approximately 545 feet elevation, while the nearest floodplain (roughly a mile away) is at 130 feet
elevation. Therefore, this standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
NOTICE OF DECISION MLP2004-00006/FOUSNEE PARTITION NO. 1 PAGE 9 OF 25
No variances or adjustments have been submitted with this application. Therefore, this standard does
not apply.
C. Applicable Development Code Sections
Residential Zoning Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-7 Parcel1 Parcel2 Parcel3
Minimum Lot Size
- Detached unit 5,000 sq. ft. 56,783 sq. ft. 56,203 sq. ft. 75,559 sq. ft.
- Duplexes 10,000 sq. ft.
- Attached unit 5,000 sq. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 649 ft. 300 ft. 300 ft.
- Duplex lots 50 ft.
- Attached unit lots 40 ft.
Maximum Lot Coverage 80% Can be met Can be met Can be met
Minimum Setbacks
- Front yard 20 ft. Can be met. Can be met Can be met
- Side facing street on corner & through lots 15 ft. Can be met N/A N/A
- Side yard 5 ft. Can be met Can be met Can be met
- Rear yard 15 ft. Can be met Can be met Can be met
- Side or rear yard abutting more restrictive zoning district N/A N/A N/A
- Distance between property line and front of garage 20 ft. Can be met Can be met Can be met
- Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)] 10 ft. N/A N/A N/A
Maximum Height 35 ft. Can be met Can be met Can be met
Minimum Landscape Requirement 20% Can be met Can be met Can be met
A minimum lot size of 5,000 square feet is required for each lot. The proposed lot sizes greatly
exceed this standard. Future development on the new parcels will be reviewed through the building
permit process to ensure compliance with the R-7 development standards. Setback standards,
required by Table 18.510.2 will apply to all future development of the proposed lots.
FINDING: Based on the analysis above, the Residential Zoning District Standards can be met.
Access, Egress and Circulation (18.705):
Continuing obligation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
An easement serving Tax Lot 1200 to the north of the subject site is proposed. Maintenance
responsibility will be assigned in the notes on the plat. The standards of this chapter will be a continuing
obligation on the owners sharing this easement.
Section 18.705.030.H.1 states that 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, sigght distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
Lancaster Engineering has prepared a Traffic Impact Study, dated May 2004. Currently, sight distance
cannot be met at the intersection of Bull Mountain Road and Roshak Road. The report states that
obtaining additional right-of-way at the southeast corner of the intersection would improve sight distance
to about 350 feet to the east for northbound traffic turning left.
The applicant has indicated that they have acquired the additional right-of-way at the southeast corner of
the intersection needed for the intersection improvements. The applicant's engineer shall complete the
intersection design and submit the design to Vannie Nguyen, CIP Manager, for review and approval.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 10 OF 25
The applicant's engineer will be required to submit final sight distance certification once the intersection
improvements are complete. Sight distance certification must be submitted prior to final plat approval.
Section 18.705.030.H.2 states that 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 drivewayy
setback from a collector or arterial street intersection shall be150 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.
No lots shall have direct access to Bull Mountain Road. All new driveways shall be placed a minimum of
150 feet north of the Bull Mountain Road right-of-way. Future partitioning or division of Parcels 1 and 2
will need to consider this standard at that time.
Section 18.705.030.H.3 and 4 states that 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. The minimum spacing of local streets along a local street shall be 125 feet.
No driveways will be allowed to have direct access to Bull Mountain Road, thereby meeting this criterion.
The proposed public street that will serve this site is shown offset from the Bull Mountain Road/Roshak
intersection. This does not meet the standards and the plans need to be revised to better align the
centerlines of the south leg of Bull Mountain Road and the proposed public street `A'.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
The access easement serving Tax Lot 1200 will be joint access for the three parcels proposed in that
partition request (Foushee Partition No.2, casefile MLP2004-00007). There are additional access
easements that will be recorded for future developability of the subject lots, but are not needed for
access to these parent parcels at this time, since each parcel created will have individual access to
public streets. For the purposes of this review no joint access is proposed.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 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.
All proposed parcels will have access to the new public street. This standard is met.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Each parcel will have a standard driveway, and none are expected to exceed 150 feet in length or be
steeper than 20% grade. Therefore, there are no specific additional requirements that need to be
applied to the private drives.
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%.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 11 OF 25
As described above, none of the driveways will exceed 150 feet in length. Therefore these standards
are not necessary.
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would cause or increase existing hazardous traffic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to exist which would
constitute a clear and present danger to the public health, safety, and general welfare.
Based on the findings in the City's Transportation System Plan, driveway approaches onto SW Bull
Mountain Road are undesirable due to the traffic volumes and classification of that street. Access will be
conditioned to come from the internal public street. No direct access shall be allowed to SW Bull
Mountain Road.
FINDING: Access on SW Bull Mountain Road from individual lots should be restricted to facilitate
traffic movement.
CONDITIONS:
Prior to commencing on site improvements, the applicant shall complete the design
for the intersection improvement at Roshak and Bull Mountain Road, and submit to
the City's Capital Improvement Program staff for review and approval. The plans
need to be revised to align the centerlines per the design standards for the south
leg of Bull Mountain Roael and the proposed public street `A'.
Sight distance certification must be submitted prior to final plat approval.
The applicant shall cause a statement to be placed on the plat indicating that no
direct vehicular access to SW Bull Mountain Road shall occur from any Parcel and
all new driveways shall be placed a minimum of 150 feet north of the Bull Mountain
Road right-of-way.
The applicant shall ensure that access easements are provided as shown in the
preliminary partition plat. Maintenance responsibilities for these easements shall
also be described on the plat.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8.
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre. The total square footage of the subject property
is 233,328 square feet. There are no sensitive land areas within the subject proposal. However, to
determine the net developable area, the square footage of the public right of way dedications for the
new street and SW Bull Mountain Road (0,042 s.f.) and private road easements (15,587 s.f.) are
NOTICE OF DECISION MLP2004-00006IFOUSHEE PARTITION NO. 1 PAGE 12 OF 25
subtracted from the calculation. This results in a net developable area of 167,799 square feet. As
the minimum lot size for the R-7 zone is 5,000 square feet, the maximum number of residential units
is 33. Eighty percent of the maximum density is 26. The proposed partition creates 3 separate lots
which does not comply with the density requirements.
To address this shortcoming, the applicant has provided a future "Shadow Plat". The shadow plat
illustrates how the projected density of 27 lots can be accommodated by future divisions of each of the
three parcels. To assure that this density can be achieved in the future, the applicant has proposed
public improvements adequate to serve the ultimate development. In addition, staff will impose a
condition restricting the placement of future structures on Parcels 1-3 to be placed within the limits of a
single future lot. To ensure that these structures are appropriately sited, the applicant shall submit a final
shadow plat that shows the lot lines of the future lots along with the present R-7 setbacks shown on
each lot. The applicant shall further note that the flag lots will be required to maintain 10 foot side yard
setbacks, but may choose the location of the front yard. Any subsequent alterations to the shadow plat
will require reapplication through a minor land partition or subdivision request.
FINDING: Based on the analysis above, the Density Computation Standards can be met. To ensure
that the minimum density can be achieved over time, a condition is necessary.
CONDITION: The applicant shall submit a final shadow plat that shows the lot lines of the future lots
along with the present R-7 setbacks shown on each lot. The applicant shall further note
that the flag lots will be required to maintain 10 foot side yard setbacks, but may choose
the location of the front yard. The placement of structures on Parcels 1-3 shall be placed
within the confines of a single future lot as shown in the applicant's final shadow plat. The
applicant shall include a note on the face of the partition plat to this effect, and shall
additionally record deed restrictions on each lot with an exhibit showing the Future
Shadow Plat. Any subsequent alterations to the shadow plat lot boundaries will require
reapplication through a minor land partition or subdivision request.
Landscaping and Screening (18.745):
Street trees: Section 18.745.040
Sec ion' n 1 45.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed project has frontage on SW Bull Mountain Road and will create a new public street.
Street trees are required along these streets. A private access drive easement is also proposed, and the
applicant is proposing to improve this drive as part of this application, even though it will serve the
parcels in the Foushee Partition Number 2 application. Since this drive is longer than 100 feet in lenggth,
street trees are required along this drive as well. The street trees that are required shall be pplanted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C. The
applicant has submitted a landscaping plan that on its face meets these requirements. Final approval
will be satisfied by the PFI construction document review.
FINDING: The requirement for street trees is met by the plans submitted.
Tree Removal (18.790)1.
A tree plan the plan Ing, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
As required, the applicant submitted a tree plan that was conducted by Terry Flanagan. The plan
contains four out of the four required components of a tree plan, and, is therefore, acceptable.
According to the removal plan and assessment, there are 47 trees greater than 12" in diameter on the
site. Of those 12 are considered hazardous and are exempt from mitigation. Consequently there are 35
trees subject to the mitigation standards. Of the 35 trees, 26 (or 74%) are proposed for removal.
Therefore 213 of the 607 removed caliper inches are required to be mitigated. This amounts to 404
caliper inches. To mitigate, the applicant has supplied a mitigation planting pplan for 104 two-inch trees
planted on site, and indicates that 98 additional trees will be planted off site. To ensure that the trees are
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 13 OF 25
planted and/or the balance of unplanted trees are planted off site or paid as a fee in lieu, a cash deposit,
lefter of credit, or any other assurance deemed acceptable by the Director for the value of the trees
(assessed at $125 per caliper inch) will be required prior to final plat approval. Staff notes that should
any additional trees need to be removed based on the arborists assessment of specific site conditions,
mitigation will be recalculated at 100% of the caliper inches since less than 25% of the trees on site
would be retained.
A tree mitigation proposal was submitted with the information for this project. It is Sheet C11 of 11. In
order to approve the plan the City Forester will require more detailed information about the trees that will
be included such as spacing of the trees, care and maintenance plan for the trees after they are planted,
and planting guidelines. To ensure the long term viability of the mitigated trees, the large trees (Douglas
fir and Bigleaf maple) may not be planted closer than 20 feet on center. The applicant may consult with
their project arborist for assistance in revising this plan.
The applicant has also included a tree protection program that states very specific measures to follow for
placement of protection fencing and operational methods during construction. Staff incorporates those
recommendations into the requirements of this decision.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to ensure that proper mitigation occurs, and that the protection plan is implemented, the
applicant shall satisfy the following conditions:
CONDITIONS:
Prior to commencing on-site improvements, the applicant shall submit a final tree
mitigation planting plan as part of their construction drawings. The applicant shall
submit a cash deposit, letter of credit, or any other assurance deemed acceptable
by the Director for the full value of the mitigation ($125 x 404 = $50,500). Once the
trees have been planted and/or the fee in lieu has been paid, the assurance will be
released. Failure to adhere to the tree protection program shall result in a stop
work order, until such time that an assessment of the site can be made, and proper
remedies as provided for in Chapter 18.790 have been implemented.
Prior to commencing on-site improvements, the applicant shall submit a final Tree
Protection Plan that shows exactly how far the tree protection fencing will be from
the face of each protected tree (including those on neighboring properties where
construction occurs within the trees' driplines) that will be impacted by construction
activities within its dripline. The applicant, through their Project Arborist, shall justify
the close proximity of the construction activities to the trees. He shall certify by
signing the final tree protection plan to be included with the construction documents
that the activities will not adversely impact the overall and long-term health and
stability of each tree. Any construction that occurs within the neighboring trees'
driplines should be justified by the applicant and approved by the City Forester and
neighboring property owner(s). Work may proceed within the driplines only with the
approval of the City Forester.
The Project Arborist shall submit written reports to the City Forester, at least, once
every two weeks, as he monitors the construction activities and progress. These
reports should include any changes that occurred to the TPZ as well as the
condition and location of the tree protection fencing. If the amount of TPZ was
reduced then the Project Arborist shall justify why the fencing was moved, and shall
certify that the construction activities to the trees did not adversely impact the
overall and long-term health and stability of the tree(s). If the reports are not
submitted or received by the City Forester at the scheduled intervals, and if it
appears the TPZ's or the Tree Protection Plan is not being followed by the
contractor, the City may stop work on the project until an inspection can be done by
the City Forester and the Project Arborist. This inspection will be to evaluate the
tree protection fencing, determine if the fencing was moved at any point during
construction, determine if any part of the Tree Protection Plan has been violated,
and if so what remedial measures shall be imposed prior to resuming work.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 14 OF 25
• Prior to issuance of building permits the Project Arborist shall submit to the City
Forester a final report describing how the Tree Protection Plan was implemented
and detailing any failures to comply with the Tree Protection Plan. The report shall
also describe the health of all remaining trees on the site, with details provided as to
any tree that has had its root system disturbed or that has otherwise been
damaged.
Visual Clearance Areas 1( 8.795):
This Chapter requires that a clear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
~8) feet in height. Trees may be placed within this area provided that all branches below eight 8)
eet are removed. A visual clearance area is the triangular area formed by measuring from It e
corner, 30-feet along the right of way and along the driveway and connecting these two points
with a straight line.
The applicant's site plan shows the vision clearance triangles for the proposed lots. Vision clearance will
be assured through the building permit process. Sight distance certification will be required under
Chapter 18.810 for the intersection of SW Bull Mountain Road, Roshak, and the new public street. Staff
has not identified any other visual clearance obstacles.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards can be met.
PUBLIC FACILITY CONCERNS
C Street And Utili Improvements Standards (Section 18.810):
Chapter 18.81 provides construction standards or the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements required may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
SW Bull Mountain Road
is site lies a Plan to SW Bull Mountain Road, which is classified as a Collector on the City of Tigard
Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according
to the most recent tax assessor's map The applicant should dedicate additional ROW to provide 35 feet
from centerline plus the additional ROW needed for the radius returns. The applicant has acquired
additional ROW from the property at the southeast corner of the intersection.
SW Bull Mountain Road is current) partially improved. In order to mitigate the impact from this
development, the applicant should design the intersection improvements and obtain design approval
from the City's CIP group. The applicant shall construct the half-street improvements along their Bull
Mountain Road frontage. The applicant shall coordinate with the City's CIP group for the remainder of
the intersection improvements.
NOTICE OF DECISION MLP2004-00006IFOUSHEE PARTITION NO. 1 PAGE 15 OF 25
Intemal Public Street
e proposed internal public street indicates 54-foot ROW. This meets the local street standard. The
applicant shall also provide a 54-foot wide easement reserved for the future street extension to the east.
The easement shall state that upon partitioning Parcel 3, the easement will be dedicated as public right
of way and will be improved to the street standards in effect at that time at the expense of the applicant.
The applicant's plans indicate a 32-foot paved width, 5-foot planter strips and 5-foot sidewalks for the
public street, thereby meeting the local street standards.
Street Alignment and Connections:
Section 1$.810.030.H.1 states that 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.
Section 18.810.030.H.2 states that 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 topoggraphically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
The applicant's future street plan indicates the proposed street will extend east approximately 300
feet. The Veet would then extend to the south and connect to the existing cul-de-sac at the north
end of 153r Avenue. The applicant shall provide the profile for the entire length of the proposed
future street uprJo 153rd Avenue and including 300 feet south of the north end of the existing cul-de-
sac bulb of 153 Avenue. This profile must be included in the PFI submittal for review and approval.
Cull-de-sacs: 18.810.030.L states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topographical constraints, existing development pattern, or strict adherence to other standards
in this code preclude street extension and through circulation:
• All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other
than circular, shall be approved by the City Engineer; and
• The length of the cul-de-sac shall be measured from the centerline intersection point of
the two streets to the radius point of the bulb, and
If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street
may be required to be provided and dedicated to the City.
The applicant's plan shows a cul-de-sac bulb that is intended to be used for the future street extension to
the east. The applicant's plans shall be revised to show an eye-brow corner that meets the Washington
County design standards for through streets. Otherwise, the cul-de-sac will be limited to serving 20
dwelling units.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on
arterials, 12% on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades ujp to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determined by the City Engineer.
The profiles for the proposed streets do not exceed these standards. The proposed future street has a
segment that is at 13.62% for approximately 270 lineal feet. This will require an adjustment with a future
land use application.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 16 OF 25
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development
abuts or is traversed by an existing or proposed arterial or major 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:
♦ A parallel access street along the arterial or major collector;
♦ Lots of suitable depth abutting the arterial or major collector to provide adequate buffering
with frontage along another street;
Screen planting at the rear or side property line to be contained in a non-access
reservation along the arterial or major collector; or
♦ Other treatment suitable to meet the objectives of this subsection;
♦ If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
Only a public street is proposed to access Bull Mountain Road, thereby meeting this criterion.
Private Streets: Section 18.810.030.T states that design standards for private streets shall be
established by the City Engineer. The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement. Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments.
The applicant has proposed two private streets. Street `A' will serve the parcel to the north, MLP2004-
00007. No direct access from this development will be allowed onto Street `A'. Street `B' will provide
access to future lots 16, 18 & 19 of this development.
The applicant shall place a statement on the face of the final plat indicating the private street(s) will be
owned and maintained by the properties that will be served by it/them. In addition, the applicant shall
record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the
private property owners are to maintain the private street(s). These CC&R's shall be reviewed and
approved by the City prior to approval of the final plat. The City's public improvement design standards
require private streets to have a pavement section equal to a public local street. The applicant will need
to provide this type of pavement section.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
designed with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 2,000 feet measured along the right-of-way line except:
Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
♦ For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
♦ For non-residential blocks in which internal public circulation provides equivalent access.
With the future extension of the public street to the east (approximately 1,075 linear feet) in addition to
the 825 linear foot proposed street and 475 foot return along SW Bull Mountain Road, the proposed
block measures 2,375 feet. While this exceeds the 2,000 foot limitation, the block is adjacent to SW Bull
Mountain Road, a collector and is further constrained by the steep slopes present to the north and
preexisting development to the west. Therefore this criterion is still satisfied.
Section 18.810.040.6.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 17 OF 25
Unfortunately, the applicant has not addressed this standard. Therefore, staff can only impose a
condition so that this standard can be met. Preexisting development precludes such a connection to the
west, but there is no evidence to support a finding that a connection cannot be made to the east, mid
block. An appropriate location for this pedestrian connection would be on the side of either future lot 6 or
9, as shown on the proposed shadow plat.
CONDITION: Prior to final plat approval, the applicant shall provide a minimum 10-foot-wide public
pedestrian easement to the east for the internal public street, generally along the side of
future lot 6 or 9, as shown in the shadow plat.
Lots - Size and Shape: Section 18.810.060(A) ~rohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is ess than 1.5 times the minimum lot size of the
applicable zoning district.
The three proposed parcels greatly exceed the minimum lot size in the zone. However, all these parcels
are wider than they are deep. Therefore this standard is met.
Lot Frontage: Section 18.810.060(6) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
All three lots have greater than 15 feet of public street frontage on the new public street.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant's plans indicate sidewalks on both sides of the public street and along at least one side of
the private streets, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer 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 Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizing: Section 18.810.090.C states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
The applicant's plans indicate a sewer extension to the north, connecting to the sewer in Bristlecone
Way. The applicant must provide documentation of the necessary construction and permanent
easements required for this extension.
The sewer extension plans must be submitted to the City and Clean Water Services for review. The
plans must be approved and permitted by Clean Water Services.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.C states that 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. 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 Clean Water Services in 2000 and
including any future revisions or amendments).
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 18 OF 25
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that 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
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
The applicant shall submit plans and calculations to CWS and City of Tigard for review. CWS must
review, approve and issue permits for the stormwater system, including detention, if required. The
applicant's engineer shall submit a hydraulic gradient for the proposed storm sewer line.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that 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 right-of-way.
Bull Mountain Road is a bicycle facility.
Cost of Construction: Section 18.810.110.B states that development permits issued for planned
unit developments, conditional use permits, subdivisions, and other developments which will
principally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway improvements.
Because of limited amount of frontage along Bull Mountain Road it makes sense for the developer to
pay for the cost of the bicycle striping at this time.
The amount of the striping would be as follows:
♦ 124 feet of 8-inch white stripe, at $2.50/lf $310.00
♦ 3 Mono-directional reflective markers @ $4.001ea $12.00
♦ 1 Bike lane legends @ $175/ea $175.00
♦ 1 Directional mini-arrows @ $100/ea 100.00
597.00
Utilities:
Section 18.810.120 states that all utility lines, 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:
The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
♦ The City reserves the right to approve location of all surface mounted facilities;
♦ All underground utilities, includ ng sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
♦ Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
NOTICE OF DECISION MLP2004-00006(FOUSHEE PARTITION NO. 1 PAGE 19 OF 25
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-grounding 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 under-grounding 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 under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. 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 a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontage of SW Bull Mountain Road. If the fee in-lieu is
proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 156 lineal feet; therefore the fee would be $5,460.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDT
Traffic Studv F . indin ss.
Inc Impact Study was prepared by Lancaster Engineering, dated May 2004. Their summary
includes the following: 1) The future deveopment of 33 single-family houses will generate approximately
25 am peak trips and 33 .pm peak trips; 2) The intersection of Bull Mountain Road and Roshak currently
operates at level of service B. The intersection will continue to operate at level of service B with the
addition of traffic from this development; 3) The feasibility of improving the intersection of Bull Mountain
Road and Roshak by improving turning radius and sight distance in the southeast quadrant, while not
required by the subdivision traffic, is being investigated.
As mentioned earlier in this report, the applicant is required to work with the City's CIP group on the
intersection improvements. The applicant s engineer shall provide plans to the CIP Manager for review
and approval.
Public Water S stem:
TFe applicant as Shawn a public water extension in the proposed north-south street with stubs to the
east and west property lines (located in the private street and future public street). The City's master
water plan shows that an 8-Inch water line connection is needed through this area to connect to the
existing water line in Baker. The applicant shall revise their plans to provide for this extension and
connection. The developer will need to secure offsite easements in order to complete this water line
connection. The route would be similar to that for the proposed sewer extension.
An 8-inch public connection must also be stubbed out to the east from Private Street A so that an
eventual public connection can be made to a future line in SW Sunrise Lane.
All water meter locations shall be within the planter strips.
Storm Water Qualitv:
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.
Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will
meet the intent of the CWS Design Standards. In addition, the applicant shall submit a maintenance
plan for the facility that must be reviewed and approved by the City prior to construction.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 20 OF 25
Gradin and Erosion Control:
CWS Design an ons ruc ion 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 retired to obtain an NPDES
permit from the City prior to construction. This permit will be issued along with the site and/or.
building permit.
The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the
UBC, for the .proposed grading slope construction. The recommendations of the report will need to be
incorporated into the final grading plan and a final construction supervision report must be filed with the
Engineering Department prior to issuance of building permits.
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.
An NPDES 1200-C permit will be required.
Address Assr nments:
TFe I y of Tigar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway
or private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
Surve Re uirements:
Ti-e applicant'Ina pat shall contain State Plane Coordinates [NAD 83 (91)1 on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91).
D. Impact Stud 18.390)
Lion 18.360.090 states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of impact, the study shall propose improvements necessary to meet City standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
NOTICE OF DECISION M1.P2004-00006/FOUSHEE PARTITION NO. 1 PAGE 21 OF 25
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 18.390.040 states that when a
condition of approval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of approximately $2,530 per new dwelling unit.
The applicant has submitted an impact study. The study notes that the applicant has proposed the
necessary improvements to accommodate the full future development potential of 27 lots on the sub'ect
parcel plus the three on the abutting parcel (Foushee Partition No.2). This includes an internal pullic
street, future right of way reserve easements, future private street easement, and improvements to the
frontage of SW Bull Mountain Road. In assessing the proportionality of the required mitigation
measures, staff is looking at the immediate impact of the three lots, and the full future impact of the
proposed shadow plat for 30 lots. Given the incremental nature that this development may take to
achieve the full density and the fact that partial improvements would likely result in hazardous conditions
in the development, it is justified in requiring the full level of improvements to support the future density.
The alternative would be to require the proportionate level of improvements with each land division, with
peculiar results. In this instance to serve the six initial lots (both partitions) a private street would be
required. However, the next land division would require that a public street be constructed, with
additional right of way required, and vacating the private street from parties who may have no
involvement in the subsequent land division (the owners of one of the partitioned parcels in Foushee No.
2 for example.) This scenario would make future development to the required minimum density
problematic, if not impossible. Therefore, while it is clearly disproportionate to require the public street
and street improvements for the three or even six lots, to ensure that the minimum density can be
achieved, alleviate a present hazardous condition, and satisfy all other relevant standard from the
development code, this level of improvements is required.
With respect to the full proposed density, based on the estimate that total TIF fees cover 32 percent of
the impact on mayor street improvements citywide, a fee that would cover 100 percent of the full density
of this project's traffic impact is $237,187.50 ($2,530 times 30 units divided by .32). The difference
between the TIF paid, and the full impact, is considered the unmitigated impact on the street system.
The unmitigated impact of this project on the transportation system is $161,287.50. The need for the
internal public streets is generated by the lots that will take access from it. The remaining street
improvements to SW Bull Mountain Road will be less than the value of the unmitigated impact.
E. - WASHINGTON COUNTY SW BULL MOUNTAIN COMMUNITY PLAN
Is area is within the City o igar s ran Services Area. In 1997 the City of Tigard and
Washington County entered into an agreement that Tigard would review all applications for
development within the Urban Services Area. Washington County adopted the City's Development
Code in this area and an Urban Planning Agreement was entered into. This Agreement indicated that
the City would continue to review projects in "areas of special concern" as defined in the SW Bull
Mountain Community Plan (May 12, 1997 Urban Services Intergovernmental Agreement). This
project site is not in any Areas of Special Concern. The following section addresses the other
relevant portions of the Community Plan.
Summit and Slopes - Design Elements:
1. The residential character of this subarea is to be protected. Improvement of roadways
should be done in a manner which does not encourage excessive traffic. All roads
planned for improvement or connection to SW Bull Mountain Road within the Planning
area should be constructed as minor collectors or local streets following the
topography generally and not directly aligned with other major roadways.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 22 OF 25
The proposed development is a residential partition designed within the designated density.
Improvement of streets will be done to meet traffic safety requirements and meet development code
standards. The streets on the subject parcel generally follow the topography and are designed as local
and private streets that are not aligned with other major roadways.
2. Hillside building techniques and foundation designs such as stilts, stepped foundations,
etc. shall be used to minimize the alteration of existing slopes over 20 percent. Detailed
site plans, elevations and sections shall be required showing all structures, foundations,
and techniques proposed for hillside construction. These, as well as other site plan
requirements for budding on steep slopes, as defined in the Community Development
Code, are intended to ensure that development activities do not increase the potential for
earth movements such as landslides or land failures in the steeply sloped subarea.
This site is predominantly flat, droppin off in the rear where the Foushee Partition No. 2 has been
applied for. There are no slopes excee Ing 20% on this site.
3. No grading, filling, clearing or excavation of any kind shall be initiated on steep slopes
until a grading plan, as defined in the Community Development Code, is approved.
Borrowing to obtain fill material shall be prohibited unless the material is obtained from a
cut permitted under an approved grading plan, or imported from outside the hillside area.
The final grading plan will show all proposed grading. This issue is discussed in greater detail under the
Street and Utility Improvement Standards section of this decision, as well as under the Sensitive Lands
Review in this decision.
4. Removal of natural vegetation shall be minimized, existing vegetation protected and
destroyed vegetation replaced. This is required in order to conserve important natural
areas, decrease the potential for erosion, decrease the amount of surface water runoff and
help prevent earth movement in hazardous areas. A slope stabilization and revegetation
plan, which includes a schedule for revegatation after areas have been cleared, shall be
included with the required grading plan. Revegetation shall be completed before October
15 of the year of construction, or a temporary treatment shall be required sufficient to
prevent erosion prior to the rainy season
An erosion control plan is required as part of the construction plans. This will ensure that areas are
revegetated.
5. Because trees are such an important natural and scenic resource on SW Bull Mountain,
development in areas of standing trees shall be designed to minimize the number of trees
to be cut. At the time of development, no more than fifty percent of the mature standing
trees (six inch diameter or greater) shall be removed from any parcel. Development
design and clearing for structures shall provide for maximum retention of old growth
trees. Prior to development, the harvesting of forest tree species for their commercial
value shall be in accord with the Oregon Forest Practices Act. The slope stabilization and
revegetation plan shall indicate the mature tree planned for removal and describe the
replacement programs. Replacement trees must be of at least 1%-inch diameter.
This issue is addressed under the Tree Removal section of this decision. The City's tree removal
standards require only review and mitigation of trees over 12 inches in caliper. The applicant's tree
inventory notes that there are 122 trees greater than 6-inch dbh. Of those 11 are considered hazardous,
and 54 will be removed. This means 51 /o of the existing trees will be retained.
6. Streams, seasonal waterways and immediately adjacent riparian zones, as defined in the
Community Development Code, shall be preserved in their natural condition including
topography and vegetation. Where roads are required, bridges shall be preferred means
of crossing streams and waterways rather than infill and piping or channelization of water
flow.
There are no streams present on the site.
7. Use of power line easements for farm operations, open space, and wildlife habitat shall be
encouraged as appropriate in this subarea.
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 23 OF 25
There are no power line easements within the subject proposal area. This element is not applicable.
8. This Design element refers to Area of Special Concern 1, which is not within the project
area. Therefore, this element does not apply.
9. This Design element refers to Area of Special Concern 2, which is not within the project
area. Therefore, this element does not apply.
10. This Design element refers to Area of Special Concern 3, which is not within the project
area. Therefore, this element does not apply.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works comments have been incorporated into the additional public utility
concerns, above.
SECTION VII. AGENCY COMMENTS
Clean Water Services comments have been discussed above under Public Facility Concerns.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
--7- Affected government agencies
Final Decision:
E THIS DECISION IS FINAL ON FEBRUARY 17, 2005 AND BECOMES
EFFECTIVE ON MARCH 5, 2005 UNLESS AN APPEAL IS FILED.
Appeal:
The pDirector's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MARCH 4, 2005.
NOTICE OF DECISION MLP2004-000061FOUSHEE PARTITION NO. 1 PAGE 24 OF 25
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
C. February 17, 2005
PREPARED B : Morgan T acy DATE
Associate Planner
February 17, 2005
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:Ncurpln\morgan\workspace\mlp\mlp2004-00006 and 00007 (foushee)\mIp2004-00006 draft decision.doc
NOTICE OF DECISION MLP2004-00006/FOUSHEE PARTITION NO. 1 PAGE 25 OF 25
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