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MLP2004-00010 Decision - HOLT PARTITION NOTICE OF TYPE II DECISION . "URBAN SERVICE AREA" MINOR LAND PARTITION (MLP 2004-00010 CITY OFTIGARD l Community (Development HOLT PARTITION Shaping-3 Oetter Community 120 DAYS =71112005 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: HOLT PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00010 PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing 19,232 square foot lot into two (2) parcels of 8,047 and 9,431 square feet for detached single-family residences. Approximately 1,754 square feet will be utilized for access to both parcels. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. !~l~~ IT_ r% Creek A\ I e Richard ["~V. 1 I APPLICANT Uopper Creek Construction vv'r NER. Richard and Sheree Holt Attn: Ed Willette 12805 SW Beef Bend Road 16055 SW Walker Road, Suite 146 Tigard, OR 97224 Beaverton, OR 97006 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: 12805 SW Beef Bend Road; WCTM 2S109DD, Tax Lot 403. PROPOSED PARCEL 1: 8,047 Square Feet. PROPOSED PARCEL 2: 9,431 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 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility Improvement Standards), and the Bull Mountain Community Plan. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 1 OF 19 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: -lY u mit tote Planning epartment organ racy, 639-4171, ext. 4 or review an approval: 1. Prior to final plat approval, the applicant shall provide copies of the ingress/egress easement over the portion of the driveway on the abutting property. If no such easement exists and the applicant is unable to secure one, the applicant shall be responsible for ensuring that adequate width is available on site between the drainage easement (Granted to Clean Water Services) and six feet from the eastern property line to accommodate a 15-foot-wide access easement. Also, the applicant will be responsible for obtaining approval from Wahsington County for the relocated road approach. 2. Prior to final plat approval, the applicant shall cause a note to be placed on the plat that grants reciprocal ingress/egress access to Parcel 2 over the driveway for Parcel 1. Additionally, this easement shall grant access rights to the parcel to the east (WCTM 2S109DD tax lot 402) contingent upon that parcel closing the existing driveway and the shared driveway being improved to meet code requirements for access width. 3. Prior to final plat approval, the applicant shall cause a statement to be placed on the plat indicating that no additional access shall be permitted to SW Beef Bend Road, apart from the single shared driveway that is approved with this decision. 4. Prior to final plat approval, the applicant shall provide a street tree plan for SW Beef Bend Road and along one side of the private driveway Existing trees may be used for street trees, provided they are shown on the construction plans and the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the new homes. 5. Prior to final plat approval, the applicant shall provide evidence that the requirements of Washington County's Traffic Engineering division tems I.A.-I.E. as outlined at the end of this decision under "Agency Comments") have been satisfied. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 6. A Public Facility Improvement (PFI) permit is required for this project to cover public utility connections and any other work in the public right-of-way. Six (6) 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). 7. 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 th ppublic 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. 8. Prior to final plat approval, the applicant shall pay an addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 9. The applicant shall 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. 10. The applicant shall obtain Washington County (WACO) approval for a modification to the access spacing standards prior to final plat approval. NOTICE OF DECISION MLP2004-00010l1-101-T PARTITION PAGE 2 OF 19 z 11. The applicant shall obtain a Facility Permit from the Department of Land Use and Transportation of Washington County, to perform work within the right-of-way of Beef Bend Road. A copy shall be provided to the City Engineering Department prior to issuance of a Public Facility Improvement (PFI) permit. 12. Additional right-of-way shall be dedicated to the Public along the frontage of Beef Bend Road to provide 45 feet from centerline. The description shall be tied to the existing right-of-way centerline. The dedication shall be on the plat. 13. A non-access reservation along the frontage of SW Beef Bend Road, except at the access point approved by WACO, shall be on the plat. 14. The applicant shall provide final sight distance certification to WACO prior to final plat approval. 15. The applicant's plans shall indicate the installation of street trees. 16. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed shared driveway will be jointly owned and maintained by the private property owners who abut and take access from it. 17. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required from Clean Water Services (CWS) to connect to the existing public sanitary sewer system prior to construction. 18. The applicant shall extend the public sewer and provide sanitary sewer laterals to the adjacent undeveloped properties. 19. The applicant shall submit storm sewer and water quality plans to CWS for review and approval. CWS permits must be issued prior to issuance of the City's PFI permit. 20. The applicant shall either place the existing overhead utility lines along SW Beef Bend 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 $2,800.00 and it shall be paid prior to final plat approval. 21. 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. 22. 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." 23. 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 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. 24. 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). NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 3 OF 19 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 Beef Bend 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 Department organ racy, 639-4171, ext. or review an approva 25. Prior to issuance of building permits, the applicant shall install a sight obscuring fence, or row of evergreen hedges along the eastern edge of the driveway serving parcels 1 and 2 or alternatively obtain written approval from the abutting property owner for a modified or eliminated screen. 26. Prior to final building inspection, the applicant shall install the proposed street trees as approved on the construction drawings. 27. Prior to issuance of building permits, the applicant shall submit a tree protection plan with the building permit application for Parcel #2, for the protection of the trees to remain on the parcel as well as on abutting lots if the dripline encroaches onto the subject parcel. The applicant/owner shall install the required tree protection measures prior to building permit issuance. 28. Prior to issuance of building permits, the applicant shall remit an assurance for the required mitigation, assessed at $125 per caliper inch (8 x $125 = $1,000). Once the requisite trees have been replanted, this assurance will be refunded to the applicant. 29. Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to the effect that any tree larger than 12 inches in diameter shall not be removed unless the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. 30. Prior to issuance of building permits, the applicant shall submit a site plan that shows the visual clearance area accurately, in accordance with Tigard Community Development Code (TCDC) Section 18.795.040. 31. Prior to issuance of building permits, the applicant shall provide evidence that the requirements of Washington County's Tra is Engineering division (items II.A.A.B. as outlined at the end of this decision under "Agency Comments") have been satisfied. Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: 32. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 33. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the public improvements substantially compplete. 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 Dome permits). 34. During issuance of the building permit for Parcels 1 & 2, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). NOTICE OF DECISION MLP2004-0001 OMOLT PARTITION PAGE 4 OF 19 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 111. 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 prior land use approvals were found affecting this parcel. The property borders the Tigard city limits on the west side, therefore annexation will be required prior to final plat approval. Site Information and Proposal Descriptions The subject property is approximately 19,232 square feet and slopes gently down towards the south. The site has approximately 81 feet of frontage on SW Beef Bend Road. The owner is proposing to partition one additional lot from the southern portion of the subject site as indicated on the proposed partition plat. Parcel #1 (9,431 square feet) includes an existing dwelling that is proposed to remain, in compliance with present setback requirements. Parcel #2 will be 8,047 square feet and is vacant. The adjacent properties and surrounding area are characterized by single-family homes. The area to the north was recently subdivided as part of the Bell Vista subdivision. 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 letter was received from Peter Halvorson. Mr. Halvorson had several concerns, relating to drainage, density, screening, the effect of an easement that is not shown in the plans, and the validity of the Clean Water Services provider letter. RESPONSE: Mr. Halvorson raises a valid concern regarding the presence of a permanent drainage easement on the property. It is the applicant's responsibility to show all easements affecting the parcel. Had the easement been larger or differently configured, it is possible that the partition would not be implementable as approved. However, the easement is approximately 500 square feet and will not eliminate the possibility of adding a lot for density reasons. The easement does appear to impact the ability to place the driveway as proposed, but it is staffs understanding that an easement over the existing driveway exists, so that the applicant need not relocate the driveway. Evidence of this easement will be required. With regard to screening, it is required along the access drive by the creation of a flag lot and a condition to that effect has been imposed. The condition allows the applicant to obtain written consent from the neighbor to provide an alternative form of screening. Also, Clean Water Service Provider Letters are considered valid for 18 months. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS 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. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 5 OF 19 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). Based on the analysis provided herein, Staff finds that adequate public facilities are 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 re red for the R-7 zoning district is 50 feet. Parcel #1 is 75 feet in width, and Parcel #2 is 60 feet wide. qu 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 two (2) lots that are 8,047 and 9,431 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. The proposed partition plat illustrates that the front lot (Parcel 2) will greatly exceed the 15-foot street frontage requirement. The rear lot (Parcel 1) will have a minimum 15-foot-wide access easement. 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 existing house on Parcel #2 is proposed to remain. The applicant has proposed a lot line in a location that will comply with these requirements. FINDING: The setbacks of the R-7 zone will be met for the existing house and setbacks for the future parcel will be reviewed at the time of building permit submittal. 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. The rear parcel will be a flag lot, and already has a home on it. The home already meets the 10-foot side yard setback standard. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 6 OF 19 There is a proposed shared accessway with this application. The applicant notes that there are existing shrubs that act to screen the driveway, but that additional screening would be provided if required. Since the applicant has proposed to remove several trees from this area, it is presumed that the degree of screening will not be adequate after construction activities are complete. Therefore the applicant will be required to install a sight obscuring fence, or row of evergreen hedges to screen the accessway. The applicant will be allowed to modify this requirement with written authorization from the abutting parcel owner. 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. Tualatin Valley Fire & Rescue district (TVF&R) has reviewed the proposal and has not required an additional fire hydrant. 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. A reciprocal easement is required for the front parcel, since shared access is required. In addition, the applicant will be required to provide access easement rights to the adjoining parcel to the east for future driveway consolidation. 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. 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. No variances or adjustment requests have been proposed. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: (See Table on the Following Page) NOTICE OF DECISION MLP2004-00010MOLT PARTITION PAGE 7 OF 19 TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-7 Parcel1 Parcel2 Minimum Lot Size - Detached unit 5,000 sq. ft. 9,431 sq. ft. 8,047 sq. ft. - Duplexes 10,000 sq. ft. -Attached unit 5,000 sq. ft. Average Minimum Lot Width - Detached unit lots 50 ft. 75 ft. 60 ft. - Duplex lots 50 ft. - Attached unit lots 40 ft. Maximum Lot Coverage 80% Can be met 60% Minimum Setbacks - Front yard 15 ft. Can be met 15 ft. - Side facing street on corner & through lots 15 ft. Can be met NIA - Side yard 5 fL Can be met N/A - Rear yard 15 ft. Can be met 34 ft. - Side or rear yard abutting more restrictive zoning district N/A N/A - Distance between property line and front of garage 20 ft. Can be met Side Loaded - Side Yard Setbacks for Flag Lots [TDC 18.420.050(A)(4)(e)) 10 ft. N/A 10/35 ft Maximum Height 35 ft. Can be met 16 ft. Minimum Landscape Requirement 20% Can be met -40% A The t sizes meet this ~N~1Y111m I 1V1. .7 + c.i1G~e of of 5,000 square 1 G 1 I 0©V r~gU llar~V feet is required fnr each IM proposed lot 1 1 W11 111 III I IU IVI /1 V VII IV 1 11 1 I 111 t t111V standard. Parcel #1 contains a single-family dwelling that will meet the required R-7 setbacks. Future development 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 have been 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. Access shall be continually maintained. 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. The applicant must submit plans to WACO for review and approval. The applicant must have the WACO Facilities permit issued prior to construction. The applicant must provide WACO with preliminary sight distance certification, including a list of improvements necessary to produce adequate intersection sight distance. The applicant's engineer must provide final sight distance certification 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. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 8 OF 19 The applicant must submit plans to WACO for review and approval. The applicant must have the WACO Facilities permit issued prior to construction. 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. The applicant must submit plans to WACO for review and approval. The ap licant must obtain approval for a modification to the WACO access spacing standards prior to final pat approval. The applicant must obtain a WACO Facility Permit. The WACO Facility Permit work must be completed prior to final plat approval. 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. Joint access is. proposed. Parcel 1 has a house on it and will obtain access from the same driveway that Parcel 2 will utlize. This is required due to the classification of the adjacent street. Moreover, to permit the future consolidation of this driveway with the abutting neighbor to the east, the easement shall also allow the owner of the eastern parcel (WCTM 2S109DD tax lot 402) access across this driveway upon completion of additional improvements to meet the width standard for access serving more than two lots. As proposed, the driveway will be improved to a minimum of 10 feet and may be required to provide screening from the eastern parcel; That adjoining parcel enjoys independent access to Beef Bend Road currently, but it is in the public interest to manage and restrict access points on this arterial road. Subsequently, when either the county requires the driveway be closed, or when the owner of the adjoining parcel develops or redevelops his property, the driveway on the subject site will need to be widened to a minimum of 20 feet of pavement, the screen will be removed, and a reciprocal easement recorded on that site so that all parcels will be able to share the shared driveway. 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 SW Beef Bend Road, a 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. Both parcels will share a standard driveway, and is not 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%. 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. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 9 OF 19 The parcels' only access is to SW Beef Bend Road, an arterial street. Staff has previously discussed the limitations that will be required for placing additional traffic on this driveway. FINDING: Driveway access to SW Beef Bend Road should be limited and consolidated where practicable. CONDITIONS: ♦ Prior to final plat approval, the applicant shall cause a note to be placed on the plat that grants reciprocal access to Parcel 2 over the driveway for Parcel 1. Additionally, this easement shall grant access rights to the parcel to the east =CeTwM 2S109DD tax lot 402) contingent upon that parcel closing the existing ay and the shared driveway being improved to meet code requirements for access width. ♦ Prior to final plat approval, the applicant shall cause a statement to be placed on the plat indicating that no additional access shall be permitted to SW Beef Bend Road, apart from the driveway that is approved with this decision. ♦ Prior to issuance of building permits, the applicant shall install a sight obscuring fence, or row of evergreen hedges along the eastern edge of the driveway serving parcels 1 and 2 or alternatively obtain written approval from the abutting property owner for a modified or eliminated screen. Density Computations (18.715): ~C efinition o 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 by 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 20,232 square feet. There are no sensitive land areas within the subject proposal. To determine the net developable area, the square footage to accommodate the existing house on Parcel #1 (9,431 square feet) is subtracted from the calculation. Right-of-way dedications of approximately 1,000 square feet are deducted. The driveway area of 1,754 square feet is also deducted This results in a net developable area of 8,047 square feet. As the minimum lot size for the R-7 zone is 5,000 square feet, the maximum number of additional residential units (single-family or duplex) is one plus the existing house. The minimum number of additional lots required is zero. The proposed partition creates 2 separate lots in conformance wit tensity requirements. As noted previously, staff received comments regarding the existence of a drainage easement on the property. Since Clean Water Services did not identify any drainageways or wetlands on the property, no density deductions are taken. The drainage easement is also not a deductible land area and is treated like a storm water system conveyance, similar to a pipe or ditch. FINDING: Based on the analysis above, the Density Computation Standards have been met. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 10 OF 19 Landscaping and Screening (18.745): Street trees: Section 18.745.040 Section 1 5.040.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 18.745.0400. This proposed project has frontage on SW Beef Bend Road. The access drive serving the proposed lots will exceed the 100-foot length. Street trees are required along the public streets and private driveway and shall be planted in accordance with the standards for size and spacing in this title, under Section 18.745.040.C. There are existing trees that may satisfy the street tree requirement. If the trees are to be retained, these must be shown on construction plans and a protection plan will need to include methods to protect these trees during construction. FINDING: The requirement for planting street trees is not met. CONDITION: The applicant shall provide a street tree plan for SW Beef Bend Road and along one side of the private driveway prior to final plat approval and shall install said street trees prior to final building inspection on each lot. Existing trees may be used for street trees, provided they are shown on the construction plans and the applicant submits an arborist's assessment demonstrating that the trees are healthy and a protection plan to protect the trees during and through construction of the new homes. Tree Removal (18.790): A tree la forting, 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. The applicant has indicated that there are 7 trees greater than 12 inches located on the site. Of those 5 were deemed as "hazardous" by the applicant's arborist, David Halstead. Of the two viable trees, the applicant has proposed removing one 16 inch tree in order to construct the house on Parcel 2. Since this represents between 25 and 50% removal, Y2 of the caliper inches being removed is required to be replanted. Therefore, the applicant will be required to plant an equivalent of -8 caliper inches of trees on the site. In addition, no building permits for the proposed Parcel #2 will be issued until the City Arborist can verify that protection measures have been installed according to the required tree protection plan. Section 18.790.040 states that any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit affected by this section to the effect that such tree may be removed .only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. The applicant will be required as a condition of approval to record a deed restriction limiting the removal of trees that are retained on the project site following completion of the subdivision improvements, in accordance with this standard. FINDING: Based on the analysis above, the Tree Removal Standards have riot been met. In order to meet the standard, the applicant shall satisfy the following conditions: CONDITIONS: Submit a tree protection plan with the building permit application for Parcel #2, for the protection of the trees to remain on the parcel as well as on abutting lots if the dripline encroaches onto the subject parcel. The applicant/owner shall install the required tree protection measures prior to building permit issuance. NOTICE OF DECISION MLP2004-0001 OMOLT PARTITION PAGE 11 OF 19 ♦ Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to the effect that any tree larger than 12 Inches in diameter shall not be removed unless the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid- if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. Prior to issuance of building permits, the applicant shall remit an assurance for the required mitigation, assessed at $125 per caliper inch (8x$125=$1,000). Once the requisite trees have been replanted, this assurance will be refunded to the applicant. Visual Clearance Areas (18.795): This Chapter 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, plantin , fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in heigh? 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) feet are removed. A visual clearance area is the triangular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line. The applicant did not show the visual clearance triangles for the proposed lots. Applying this standard to the site plan, there is a portion of the proposed building envelope that is impacted. This standard has not been satisfied. FINDING: Based on the analysis above, the Vision Clearance Standards are not met. CONDITION: Prior to issuance of building permits, the applicant shall submit a site plan that shows the visual clearance area accurately, in accordance with TCDC Section 18.795.040. Impact Study (18.390) Section 1fi0.09states, "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. 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 applicant has submitted an impact study. The applicant will not be required.to physically improve SW Beef Bend Road since it is already improved. The applicant will be extending sanitary sewer and storm drainage connections to the two parcels. Sewer is already available and has sufficient capacity to serve the development. Other impacts to public facilities are offset b the collection of Systems Development Charges (SDC's) collected at the time of building permit issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this decision. 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 $2,690 (Effective July 1, 2004) per new dwelling unit. NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 12 OF 19 Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $8,406 ($2,690 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 $5,716. There are no additional dedications or other Improvements being required to benefit the general public. Since there are no public exactions being required, no proportionality analysis is necessary. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 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. This site lies adjacent to SW Beef Bend Road, which is classified as an Arterial on the City of Tigard Transportation Plan Map. At present, there is approximately 33 feet of right-of-way (ROW) from centerline, according to the most recent tax assessor's map The applicant should dedicate the additional ROW required to provide 45 feet from centerline. The applicant shall also provide a non- access reservation along their SW Beef Bend Road frontage, except at the access point approved by WACO. SW Beef Bend Road is currently partially improved. In order to mitigate the impact from this development, the applicant should provide street trees. Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. Due to existing development and spacing standards along an Arterial there are no opportunities to provide future streets. Street Alignment and Connections: Section 18.810.030.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. NOTICE OF DECISION MLP2004-00010/HOLT PARTITION PAGE 13 OF 19 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. Pre-existing development precludes street connections. 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 up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. No public street construction is proposed. 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 is proposing to construct a shared driveway. A private street is not required. The applicant shall place a statement on the face of the final plat indicating the shared driveway will be owned and maintained by the properties that will be served by it. 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 1,800 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. No new streets are being created with this partition; therefore this standard is not applicable. 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. Similarly, since no streets are being proposed, and no connections are required, this standard is not applicable. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The two new parcels are both greater than 1.5 times the minimum lot size. NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 14 OF 19 Parcel #1 is 9,431 square feet or 1.6 times the minimum lot size. It is 125 feet deep, while being 75 feet wide. 75 times 2.5 is 187. Parcel #2 is 8,047 square feet or 1.7 times the minimum lot size. It is 135 feet deep, while being 60 feet wide. 60 times 2.5 is 150. Lot Frontage: Section 18.810.060(B) 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. Both lots have 15 feet of public street frontage. 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 sidewalks are existing on SW Beef Bend Road. 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 shall extend public sewer to unserved properties. The applicant shall submit plans to CWS for review and approval of the sanitary sewer public line and connections. The applicant must have permits from CWS prior to issuance of the City's PFI permit. 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). The applicant shall submit plans to CWS for review and approval the storm system. The applicant must have permits from CWS prior to issuance of the City's PFI permit. 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). NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 15 OF 19 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 for review and approval for the storm sewer, including detention, if required by CWS. 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. Beef Bend Road is classified as a bicycle facility and was constructed by Washington County. No further bicycle related improvements are required. 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, including 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. Exception to Under-Grounding Requirement: Section 18.810.120.C 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 Beef Bend 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 80 lineal feet; therefore the fee would-be $2,800.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water S sste~m: The city of -Tigard provides the public water service in this area. The applicant has proposed one additional water meter to serve the new home. The applicant's plan will be reviewed with the PFI submittal. NOTICE OF DECISION MLP2004-00010lHOLT PARTITION PAGE 16 OF 19 Storm Water Qualit The Uty as agree 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. Gradin and Erosion Control: LwVV3 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 required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Address Assi nments: TFe City of Tiigar 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 Requirements: ui TF-e applicant's d final plat shall contain State Plane Coordinates [NAD 83 (91n two monuments with a tie to the City's global positioning system (GPS) geodetic control network 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: ♦ GPS tie networked to the City's GPS survey. ♦ By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). SECTION VI. OTHER STAFF COMMENTS City of Tigard Forester has reviewed the proposal and indicates that the arborist's tree protection plan should indicate the distance from each tree that the fencing will be placed. RESPONSE: This will be required as a condition of approval. NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 17 OF 19 SECTION VII. AGENCY COMMENTS Tigard Water District has reviewed the proposal and offered the following comment: 1. The applicant shall locate the new water meter next to the existing meter. Washington County has reviewed the proposal and offered comments, a full copy of which is available in the land use case file. In addition, the county has required several conditions of approval which are listed below for convenience: 1. Prior to Final Approval of the partition plat: A. Obtain approval for a modification to the access spacing standards of the W.C.U.R.I.D.S. from the Washington County engineering division for the existing/proposed access point on SW Beef Bend Road. (Modification Request must be prepared and stamped by a registered traffic engineer and submitted by the applicant). B. Submit to Washington County Land Development Services (Public Assurances, Tracy Stone/Joy Chang, 846-3843) 1. Completed "Design Option" form. 2.$3 , 000 Adminsitration Deposit 3. A copy of the City's land use approval with conditions, signed and dated. 4. Preliminary certification of adequate sight distancefor the access point of SW Beef Bend Road, in accordance with County Code, prepared and stamped by a registered professional engineer, as well as: a. A detailed list of improvements necessary to produce adequate intersection sight distance. 5. Two (2) sets of complete engineering plans for construction of the following public improvements: a. Closure of all existing driveway sto SW Beef Bend Road, other than at access points approved by Washingotn County under the current land use application and replacement with curb and sidewalk. b. construction of a new residential driveway approach. c. Any additional off-site safety. improvements found to be required for compliance with R&O 86-95 following submittal by the applicant of a complete modification request, and completion of the county traffic engineer's review of such. C. Obtain a Washington County Facility Permit upon completion of the following: 1. Obtain Engineering Division approval and provide a financial assurance for the construction of the public improvements listed in conditions I.A.5. 2. Provide evidence that documents reflecting required provisions under I.E. have been recorded. D. The following shall be represented on the plat and recorded with Washington County. 1. Dedication of additional right of way to provide 45 feet from centerline of SW Beef Bend Road. 2. Provision of a non access reservation along SW Beef Bend Road frontage except at the proposed access point approved in conjunction with this land use application. E. The following shall be recorded with Washington County 1. An agreement to participate in any project that would consolidate access points where such project would not result in new or more severe traffic operation or safety problems. 2. An agreement to abandon use of the existing private access way when an adequate alternative access becomes available. II. Prior to Occupancy: A. The road improvements required in condition I.A.5 above shall be completed and accepted by Washington County. B. Upon completion of necessary improvements, provide final certification of adequate sight NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 18 OF 19 J distance in accordance with County Code, prepared and stamped by a registered professional engineer. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners -3(-- Owner of record within the required distance X Affected government agencies final Decision: E THIS DECISION IS FINAL ON APRIL 7, 2005 AND BECOMES EFFECTIVE ON APRIL 22, 2005 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.6.1. 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. E7 THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON APRIL 21, 2005. Questions: yoTf u have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. April 72005 PREPARED Y: Morgan racyf DATE Associate Planner April 7200, APP-MVED BY: c ar ewers o _ Planning Manager i:\curpln\morgan\workspace\mlp\mlp2004-00010 (holt)\mIp2004-00010 decision.doc NOTICE OF DECISION MLP2004-000101HOLT PARTITION PAGE 19 OF 19 CITY of GEOGRA PH C INFORMATION SYSTEM VICINITY MLP2004-00010 HOLT PARTITION 0000 0 SITE Qo o O o ~ VF O~~ o 0 ~ o d z ~ G ILLIP (D CT AV ORSFERR i RD g Of Q\\++ O RD H Q / FERRY 2> y0`a \O EDWARDz_ CT BULL MT'R QP - m BONITA D U) BEEF BEND DURH M RO E ALBERT CT. O P~I~ Tigard Area Map R • N M ~j -n 3w WitviBLF G) 0 too 200 300 aoo Feet G Q O G) 1 312 feet z O _ SW BEXLEY M Z ~x r-fir{ City of Tigard LLJ' Information on this map is for general location only and should be verified vrith the Development Services Division. S 13125 SW Hall Blvd (.(„I F -0 Tigard, OR 97223 (503) 639-4171 --EP N 1' E ~ 5 htip:7lwww.ci.tigard.or.us Community Development Plot date: Mar 7, 2005; C:\magic\MAGIC03.APR 3 L a 5 ` eK` tii 1 ~ 1 ;z v 15 \ l \ . 266' 107 , SET SARABAGCk PARCEL 2 E 'e , 8047 SF PARCEL 1 3g e'e ; ~rll ` h5 15 i YAa ow 11185 SF (GROSS) } o DICA-17ON 20 { __7 \ ` s s° 9431 SF(NET) t 135' \ 251' l A 4W j X 4W a ~ o , a O o Z TIGARD , A I CITY OF