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VAR2006-00079 • • EXHIBIT-L NOTICE OF TYPE II DECISION BULL MOUNTAIN VIEW ESTATES SUBDIVISION ADJUSTMENT s' ADJUSTMENT (VAR) 2006-00079 rr7~[rcc, n l_Zl1)) 120 DAYS =1/12/2007 SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN VIEW ESTATES SUBDIVISION ADJUSTMENT CASE NO: Access Egress and Circulation (VAR) VAR2006-00079 APPLICANT: West Dills Development 15500 Jay Street Beaverton, OR 97006 APPLICANT'S AKS Engineering REP: Attn: Alex Hurley 13910 SW Galbraith Drive, Suite 100 Sherwood, OR 97140 OWNER Andrew C Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 REQUEST: The a ppli cant is requesting a variance to the access spacing standard (18.75 . 30.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by condition of approval # 27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; south of SW Bull Mountain Road at SW 120' Place. WCIM 2S110BQ Tax Lot 01400. ZONE: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.370,18.390,18.510 and 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section V of this decision. VAR2006.00079- BULL MT VIEW ESTATES SUBDIVISION ADJUSTMENT PAGE 1 OF 4 SECTION III. BACKGROUND INFORMATION Site History. eTh site consists of one 2.44-acre parcel developed in the mid nineteen-fifties with a single-family residence. On August 10, 2006 the City approved the Bull Mountain View Estates subdivision SUB2005-00019) creating 10 single-family residential lots. The decision was appealed with the appeal Baring delayed, at the appellant's request, until this required variance is approved Site Information and Proposal Descrition: e applicant is requesting a variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by condition of approval # 27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). Vicinit Information: e propose evelopment is located in the R 4.5 zone within the City Tigard's incorporated boundary To the west is a 4.88-acre parcel in unincorporated Washington County iri forest deferral. To the south is a 1.55-acre parcel developed with a single-family residence within the City also zoned R-4.5. To the west is the Aspen Ridge subdivision developed in the mid-nineteen-nineties. To the north lies Bull Mountain Road. SECTION IV. PUBLIC COMMENTS Jack and Mary Clinton, who reside a short distance up Bull Mountain Road and across the street from the proposed development, expressed concern about the safety of pedestrians given increased traffic on Bull Mountain Road and request the variance be denied. RESPONSE: The commenters do not cite a specific standard that is unmet by the proposal nor do they offer any evidence to su port their concern that pedestrians are at risk from increased traffic. Where increased traffic wouldpbe expected following the pace of development on Bull Mountain in recent years, the applicant's traffic report finds that the proposed development would not otherwise result in unsafe conditions for pedestrians. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS VARIANCES AND AD USTMENTS: Section 18.370.020.C.5.a -provides diit-in all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoinin property shall be considered. If access in conjunction with another parcel cannot reasonab)y be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 5.b below. Pursuant to TDC 18.705.030.x.3, the minimum spacing of driveways and streets along a collector shall be 200 feet. SW Bull Mountain Road is classified as a collector in the City's Transportation SAstem Plan. There are three existing driveways located within 200 feet of the proposed 120th Place. The applicant did not propose an adjustment to this section in their application for subdivision. An adjustment to this code section is, therefore, required and has been made a condition of approval of the Bull Mountain View Estates Subdivision (SUB2005-00019). The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirement contained in Chapter 18.705, based on the following critena: VAR2006-00079- BULL MT VIEW ESTATES SUBDIVISION ADJUSTMENT PAGE 2 OF 4 It is not possible to share access. The location of the proposed and approved 120th Place is set by its ali nment with the existing 120th Place across Bull Mountain Road. No other access is allowed onto ull Mountain Road from the subject pproperty pursuant to the decision approving the Bull Mountain View Estates Subdivision Ztbject 00019). However, three existing driveways, which access se arate parcels not involved in development, exist within 200 feet of the proposed 120th Place. It is not possible to share access with these existing developments. There are no other alternative access points on the street in question or from another street. The subject parcel has no better access from Bull Mountain Road than its alignment with the existing 120`h Place. No access is otherwise available from the adjoining subdivision (Aspen Ridge) to the east or the parcels from the west and south which contain existing single-family devel-opment. Future development of these lots will utilize the proposed 120`" Place. The access separation requirements cannot be met. Future development south. of Bull Mountain Road will utilize the proposed 120`h Place bringing the s acing requirement more into compliance by eliminating two of the tFiree driveways within 2-00 feet. ~t the present time the access spacing standard cannot be met, but may be met in the future as access is consolidated. The request is the minimum adjustment required to provide adequate access. Given the forgoing analysis, the request is the minimum adjustment required to provide the access. The approved access or access approved with conditions will result in a safe access; and The City engineer has ied a condition of approval for the proposed subdivision requiring closure of any existing access tom Bull Mountain Road so that SW 120`h Place is the sole access for the proposed 10-lot development. The applicant's traffic study by Lancaster Engineering, dated September 7, 2005 concludes that the proposed Bull Mountain View Estates development does not warrant a westbound left-turn lane and the proposed 120`' Place access is expected to operate safely. The visual clearance requirement of Chapter 18.795 will be met. The applicant's Preliminary Street plan for the proposed subdivision (Sheet 9 of 10) shows visual clearance at the intersection of the pp_roposed 120 Place and SW Bull Mountain Road, consistent with the visual clearance areas standard. To ensure visual clearance is maintained at street intersections, the applicant has been conditioned to include visual clearance easements on the final plat as shown in the applicant's Preliminary Street plan where indicated on the subject property. FINDING: Based on the analysis above, Staff finds that the development adjustment criteria are satisfied. SECTION VI. OTHER STAFF COMMENTS No comments from other staff were received. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue and Washington County received notice of the proposal and offered no comment. VAR2006-00079- BULL MT VIEW ESTATES SUBDIVISION ADJUSTMENT PAGE 3 OF 4 SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON OCTOBER 10, 2006 AND BECOMES EFFECTIVE ON OCTOBER 25, 2006 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the 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 f rom time to time by the appellate body. THE DEADLINE FOR FILING OF AN APPEAL IS 5:00 P.M. ON OCTOBER 24, 2006. estions: , 13125 SW I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall Hall Boulevard, Tigard, Oregon at (503) 639-4171. 6, 2,W, , October 9, 2006 PREPARED B ary Pagesntec er DATE Associate Planner iAcurp1n\gary\VAR\var2006-00079deci ion.doc VAR2006.00079- BULL MT VIEW ESTATES SUBDIVISION ADJUSTMENT PAGE 4 OF 4 CITY of TIGARD d GEOGRAPHIC INFORMATION SYSTEM CO CT WILDWOOD VICINITY MAP VAR2006-00079 w w BULL MOUNTAIN w VIEW ESTATES BULL MOUNTAIN RD ACCESS SPACING VARIANCE W QZD DR W A ~ o m2 TFip IEwc GSM OOD DR oT ~~F O O RS FERR DR Sys a s a p °O v P BONRR D MAR RD BE FBEND WRM RD T UTUMNVI !v Tigard Area Map rn N - A N DR OZ ~L 0 100 200 300 400 500 Feet t m O C o° Cc~iS 1'= 389 feet o ° ° Information on this map is for general location only and V cm1 ° should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard, OR 97223 } ° ° 5 (503) 6394171 ('1 o httpJAvuvw.ci.tigard.or.us Community Development Plot date: Sep 19, 2006; C:\magic\MAGIC03.APR 1 ' m 0 goo qcRo;l LOA .LGS ~cw NidiN * op sz-s i 1 i - , --A lk , 1 , 1 L t '1 21 , .-33 TP 000 10, 01 ()Ott 10~ iii 101 OOLS lOl X`11 wig 10, v r 0 • EXHIBIT.,. West Hills Development BULL MNT.VIE WE STATES VARIANCE 15500 Jay Street Beaverton, OR 97006 VAR2006-00079 AKS Engineering Attn: Alex Hurley 13910 SW Galbraith Drive, Suite 100 Sherwood, OR 97140 Andrew C. Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 Jack and Mary Clinton 14670 SW Hazeltree Terrace Tigard, OR 97224 AFFIDAVIT OF MAILING (u-I 1"ZI I, Patricia L. Lunsford, being first dulyysworn/affirni, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: J0.,k App"- P ,.(s) &bw} ❑ NOTICE OF DECISION FOR VAR2006-00079/BULL MOUNTAIN VIEW ESTATES SUBDIVISION ADJUSTMENT (File No./Name Reference) AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on October 10, 2006, and deposited in the United States Mail on October 10, 2006, postage prepaid. (Person that Preareot.C U STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of , 2006. OFFICIAL SEAL KRlSTIE J PEERMAfd 0 COM MIS S 10 NOTARY PUBLIC-OREGON NOTARY PUBLIC OREGON NIYCOMMISSCOMMISSION IONEXPIRES ~ Y370 2862007 My Commission Expires: ~~7 • • EXHIBIT NOTICE OF TYPE II DECISION BULL MOUNTAIN VIEW ESTATES 57 SUBDIVISION ADJUSTMENT ~i' 1 Cc~ n I ADJUSTMENT (VAR) 2006-00079 120 DAYS =111212007 SECTION I. APPLICATION SUMMARY FILE NAME: BULL MOUNTAIN VIEW ESTATES SUBDIVISION ADJUSTMENT CASE NO: Access Egress and Circulation (VAR) VAR2006-00079 APPLICANT: West Hills Development 15500 Jay Street Beaverton, OR 97006 APPLICANT'S AKS Engineering REP: Attn: Alex Hurley 13910 SW Galbraith Drive, Suite 100 Sherwood, OR 97140 OWNER Andrew C. Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 REQUEST: The applicant is requesting a variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by condition of approval # 27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; south of SW Bull Mountain Road at SW 120th Place. WCIM 2S110BC, Tax Lot 01400. ZONE: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters, 18.370, 18.390, 18.5 10 and 18.705. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents.and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twentyfive cents (25G) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON OCTOBER 10, 2006 AND EFFECTIVE ON OCTOBER 25, 2006 UNLESS AN APPEAL IS FILED. : A eal e Director's Decision is final on the date that it is mailed. Any paarrtyty with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall Be filed with the Director within ten (_10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the 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 subrrutted by any party during the appeal hearing, subject to any additional rules of procedure that maybe adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 24, 2006. estions: For information please contact the Planning Division Staff Planner, Gary Pa enstecher at (503) 639-4171, Tigard City Hall Permit Center located at 13125 SW Hall Boulevard, Tigard, Oregon 7223. co T VICINITY MAP VAR2006-00079 tx BULL MOUNTAIN VIEW ESTATES ACCESS SPACING UL VARIANCE w I I IJ-~ w 0 P~ - ® 9 O t oS~ r i pP ® N 9 8 Q ee SN w0~nw:.~O1 gg~ lz z - - 1 I I ~a - i MAe ems; 1 7-T - / E!i i b~ w M - - 1-......... . • 110BC-02900 • 251108C-00501 H PLAT CLINTON JACK W & MARY A "~8~~-G... 2002- R OWN F 1-3 14670 SW HAZEL TREE TER TIGARD, OR 97224 2S1 1OBD-05 800 2S110BD-06300 ABLE MICHAEL J & LINDA M COE SAMUEL B & KAREN L 11838 SW VIEWCREST CT 11959 SW ASPEN RIDGE DR PORTLAND, OR 97224 TIGARD, OR 97224 2S710BD-04900 2S1 1 OBC-01201 ADRIANO JOSEPH A & COLEMAN ROBERT E & VERNA M IRINA E 12300 SW BULL MOUNTAIN RD 11873 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-02300 2S110BC-09700 BOITANO TIMOTHY DEAN & COOPER BENJAMIN & CAROLYN M STRASSER JENNIFER 11988 SW ASPEN RIDGE DR 14560 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-04300 2S110BD-03800 BROWN DAVID E & JANET L DAI XIAO PING & 11964 SW ELEMAR CT LEE TIFFANY DAI TIGARD, OR 97224 11915 SW ELEMAR CT TIGARD, OR 97224 2S110BD-03600 2S110BD-04600 BUCHHOLZ KARL P REV LIV TRUST & DAVIDSON JOHN J/LAURA L PARENT PHYLLIS A REV LIV TRUST 11882 SW ELEMAR CT 11753 SW ASPEN RIDGE TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05400 2S110BA-06800 CAMERON JENNIFER LAYTON & DAWSON KENNETH L & MELANIE A CAMERON WILLIAM S L 12036 SW WILDWOOD ST 11946 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-06000 2S110BC-02700 CARUFEL DANIEL J & LISA D DOWSETT A BARRY & SHARON P 11903 SW ASPEN RIDGE DR 14640 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05600 2S110BD-00801 CHEUNG DAVID H & LIANA LA EDWARDS CAROLYN M 1994 LIVING T 12260 SW THORNWOOD DR BY EDWARDS CAROLYN M TR TIGARD, OR 97224 11910 SW WILDWOOD ST TIGARD, OR 97224 2S110BD-01000 2S110BC-05300 CHORUBY PATRICK S & LORI L EGAN TRACY S & 11925 SW BULL MTN RD BITTS LAURA K TIGARD, OR 97224 12265 SW THORNWOOD DR TIGARD, OR 97224 • 2S11013D-01100 • 251108D-06200 FAUNCE MICHAEL J & DEBORAH J GUTIERREZ ANGEL & 11885 SW BULL MTN RD MCCAULLEY DONNA TIGARD, OR 97224 11937 SW ASPEN RIDGE DR TIGARD, OR 97224 2S110BC-02000 2S110BC-06900 FORD ERIC L & BARBARA J HARRIS DAVID J & MICHELLE A 12096 SW ASPENRIDGE DR 12255 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 25110613-04800 2S110BB-02000 FOSTER ARTHUR G & HELSETH DENNIS H AND BEVERLY C NANCY L 11825 SW ASPEN RIDGE DR 14420 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S11013C-01900 2S1 1 OBD-04700 FOWLER ROBERT E AND PEGGY Y HILTON JAMES W & SUSAN K 11981 SW ASPEN RIDGE DR 11799 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-06600 2S110BC-07000 FREY ANDREW J & JENNIFER H HOGEN MICHAEL C & JULIE L 12325 SW ASPEN RIDGE DR 12250 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S11013C-01300 2S1 1 OBC-03900 FROUDE FAMILY TRUST AGREEMENT HUMMERT ROBERT S & SHARON A BY CARL J & BEVERLY J FROUDE TRS 12330 SW WINTERVIEW LN 12200 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 10CB-01800 2S11OBD-02300 FROUD MILY TRUST AG T HUNT HOLLY BY CARL J & FROUDE TRS 11949 SW BULL MOUNTAIN RD 12200 LMT TIGARD, OR 97224 RD, OR 97224 2511013C-07100 2S1 1 OBC-02800 GALLAGHER SCOTT A & SARAH L IRISH SARA L 22223 SW 110TH PL 14680 SW 120TH PL TUALATIN, OR 97062 TIGARD, OR 97224 2S1 1 OBD-06500 2S11OBC-01600 GLAZIER DON C JOHNSON PAMELLA SIMS 11944 SW ASPEN RIDGE DR 12235 SW BULL MOUNTIAN RD TIGARD, OR 97224 TIGARD, OR 97224 2S110CA-03701 11OBC-00500 GREENFIELD JAMES R ER; L 15105 SW 119TH AVE TG~,1N IAN RD TIGARD, OR 97224 , 7224 2S110BC-02200 2S110BC-05400 KAEDING GEORGE E & ELLEN E LE HUY B & 12012 SW ASPEN RIDGE DR DO MINH T TIGARD, OR 97224 12245 SW THORNWOOD DR TIGARD, OR 97223 2S110BD-05300 2S110BD-02200 KAM RICHARD LAWRENCE AND LEATHERS DAVID F & LUZ M LYNNETTE NAOMI 11964 SW WILDWOOD ST 11979 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97223 2S110BC-05900 2S110BD-00700 KEHE FAMILY TRUST LINDER GERALD P & KAREN M 12330 SW THORNWOOD DR 11870 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S110CA-03700 251108D-04100 KEMP EILEEN M LOONEY GAYLAND R & PATRICIA M 15125 SW 119TH AVE 11977 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 ` 2S110BC-02100 251106C-01400 KIM JIN YOUNG AND OK LOUD ANDREW C & 12055 SW ASPEN RIDGE DR TAYLOR CONTANCE J TIGARD, OR 97224 12040 SW BULL MOUNTAIN RD TIGARD, OR 97224 2S110BC-06800 251108D-05500 KIM YUMI LOUIE STEVEN P & 12275 SW ASPEN RIDGE OR BEVERLY LOUISE TRUSTEES TIGARD, OR 97223 11920 SW VIEWCREST CT TIGARD, OR 97224 2S110CB-02000 2S1108D-03700 KNAUSS HARVEY L MAGDELAIN RICHARD STOCKTON & 14383 SW MCFARLAND BLVD MAGDELAIN BONNIE EILEEN TIGARD, OR 97224 11881 SW ELEMAR CT TIGARD, OR 97224 2S110BD-06400 2S110BA-06700 KUBISIAK MICHAEL P & LAURA GUTH MAJORS WILLIAM JOSEPH/MARTHA JA 11960 SW ASPEN RIDGE 12058 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05700 2S110BD-06700 LAI LONG SOK & MENIG PAUL M & SUSAN L CHEN JUAN YAN 11902 SW ASPEN RIDGE DR 12290 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-00200 2S110BC-05000 LASSELLE COURTNEY D TRUST NORETTO NED J & BY COURTNEY D LASSELLE TR DIXON-NORETTO TONJA M 12175 SW BULL MOUNTAIN RD 12325 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 • 2S110BD-04400 • 2S1106C-00400 OSBORNE LIVING TRUST REINSTADLER WILLIAM R & BY OSBORNE DONALD L & MURIEL J TRS CHERYL A 11938 SW ELEMAR CT 14550 SW HAZELTREE TER TIGARD, OR 97224 TIGARD, OR 97224 2S11OBD-05600 2S110BC-01700 OSTERMAN EDWARD J & ROBINSON CONSTANCE A OSTERMAN MARY LYNNE 12000 SW VIEWCREST CT 11904 SW VIEW CREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S1106D-05200 1108C-01800 PEASLEE JOHN M & CYNTHIA L RO S~ 11945 SW VIEWCREST CT 120010S CR PORTLAND, OR 97224 TI D, OR 97224 2S1 1 OBC-09800 2S1106C-05100 PEPPER TIMOTHY ROSARIO ALLISON R 14550 SW 120TH PL 12305 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05500 2S11OBD-04500 PETERS RONALD D & ILA M ROUSE CHARLES L & DIANE M 12240 SW THORNWOOD DR 11916 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-06100 2S110BD-03900 PETTICORD DAMON J & SAYLOR GEORGE W AND ALICE E PARK SUN J 11933 SW ELEMAR CT 11915 SW ASPEN RIDGE DR TIGARD, OR 97224 PORTLAND, OR 97224 2S110BC-03800 2S11OBD-05000 PHAN STEVEN K SCHAER RONALD F & KATHEY M 12325 SW WINTERVIEW LN 11901 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 2S1106C-06700 2S110BD-06600 PHUA CHENG C & SCHNELL BRADLEY J & JOELLE P TANG LAI L 11926 SW ASPEN RIDGE OR 12305 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S110BD-04200 2S11013C-09900 RASHIDI MANOUCHEHR & SCHWINGHAMMER SHARON H & DEBRA A SCHWINGHAMMER MICHAEL D .11980 SW ELEMAR CT 14580 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05800 2S110BC-00300 RAY ROBIN SYDNE SHARP THOMAS J & PATRICIA J 12310 SW THORNWOOD DR 14440 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97223 • 2S11013D-04000 y 251108D-00901 SMITH KIRK H & CONNIE J WHITNEY PAUL AND DIANE 11959 SW ELEMAR CT 12035 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 2S11013D-05100 2S1 1 OBA-07000 SMURTHWAITE THOMAS J & WILLSON TRAVIS J & SHEILA C ROSEMARY A 11972 SW WILDWOOD ST 11927 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 2S110BD-00500 2S110BD-05900 STEVENS MARLIN K & YANG STEPHANIE WERNER CYNTHIA K 11887 SW ASPEN RIDGE DR 11790 SW WILDWOOD TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05700 STRAND MONTE D/KAREN L & GOUGE VIRGINIA J 11872 SW VIEWCREST CT TIGARD, OR 97224 BC-02400 TIGARD CIT 1312 HALL BLVD T , OARDR 97223 2S11013C-05200 TRAN CYNTHIA LE 12285 SW THORNWOOD DR TIGARD, OR 97224 2S110BC-09500 VENTURE PROPERTIES INC 4230 GALEWOOD ST STE 100 LAKE OSWEGO, OR 97035 S110BC-09600 VENlb ROPERTIES NC 4230 G T STE 100 OSWEGO,OR 2S110BA-06900 WATSON DONALD R & TAMARA 12000 SW WILDWOOD ST TIGARD, OR 97224 2S11013C-07200 WELLS ALEX M & KRISTINA M 12300 SW ASPEN RIDGE DR TIGARD, OR 97224 Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062. Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 1331dAvenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. 1 of 1) (i:\curpln\setup\Iabels\CIT West.doc) UPDATED: 21-Sep-04 AFFIDAVIT OF MAILING = i~~ 0!~ I, Patricia L. Lunsford, being first dully sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington County, Oregon and that I served the following: ( Click Appmpnuc Bnx(:) M-) 0 NOTICE OF DEQSION FOR VAR2006-00079/BULL MOUNTAIN VIEW ESTATES SUBDIVISION ADJUSTMENT (File NoJNar Reference) "ENDED NMa 10 ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit " X, and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit " B" , and by reference made a part hereof, on October 10, 2006, and deposited in the United States Mail on October 10, 2006, postage prepaid. (Pefso Notice) STATE OF OREGON County of Washington SS. City of Tigard Subscribed and swom/affinned before me on the day of OcAhg_~ )2006. OFFICIAL SEAL i►~ KRISTIE aE[RMAid C/ NOTARY PU -ILIC-OREGON NOTARY PUBLIC OF OREGON COMMISS' .-A 1,10. 370962 _,2 cf11 MY COMMISSION EXF i; 'S JULY 28, 2007 My Commission Expires: NOTICE TO MORTGAGEE, LIENHOOR, VENDOR OR SELLER • EXHIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SIIALI, BE PROMlyMY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION ° IL VARIANCE ' DATE OF NOTICE: September 20, 2006 FILE NUMBER: VARIANCE (VAR) 2006-00079 FILE TITLE: BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE REQUEST: The applicant is requesting approval for a Variance to the access spacing standard (18.750.030.1-1.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by Condition of Approval #27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; South of SW Bull Mountain Road at SW 12001 Place.. WCl M 2S110BC; Tax Lot 01400. ZONE: 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. APPLICABLE REVIEW CRITERIA: Cominunity Development Code Chapters 18.370, 18.390, 18.510 and 18.705. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON OCTOBER 4, 2006. All comments should be directed to Gary Pagenstecher. Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639- 4171 or by e-mail to gagyp@tigard-or.gov ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR NOVEMBER 1, 2006. IF YOU PROVIDE COMMENTS, YOU WILL B13 SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECO VA PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AIzTBR T'1-1E 14 DAY CO1%4NII_.Nl' PERIOD C1.,OS1_.S, 'I'1-II7, Dim-1.CI'OR SHALL ISSUL7. A TYPI?, II ADMINISIRATIVI?. DI?CISION. TI IL? Dim, '1'OR'S DECISION SHALL BI ~fAll.l?D '1'O '1'1 IE APPLICANT AND '1'O OWNI:.RS OF 1tF,CORD OF PROPI?R'I'l' LOCI\'I'I ,D WI'l ITN 500 RF I 'l' OF TI-11- SUBJECT Sl'I'E, AND TO ANYONE WI-10 SUNMI'T'I'BD MUTI-FIN C0MMI:NTS OR WHO IS OTI I1.,RWIS1". ENI'I'T7.,ED TO NOTICE. TI-IL? Dnu-_.C'1'OR's DECISION SlUV.L ADDRESS ALL OF'ITIE" REI,EVANI' APPROVAL, CRI' F11IA. BASHID UPON TI-117. CRITERIA AND THE', FACE'S CONI'A1NLD WITHIN 'ITILL' RECORD, '1"IiE 131111?CI'OIt SHALL APPROVE', APPROVVI WITH CONDITIONS OR DENY'T'I-1171 REQUI?STI_.D PER\-IIT Olt AC'T'ION. SUMMARY OF THE DECISION-MAKING PROCESS: • The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City- recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." \lCINITP MAP cr/ S~ Bi: LL \IC)UWAIN VIEWEST.ITES 1CCESS SPICING VARIAN(E F .may I o ~ W ~ ~y®~rE N I ry 'NKxr, d •yq rylnepc • EXHIBIT... West Hills Development BULL MNT.VIE WE STATES VARIANCE 15500 Jay Street VAR2006-00079 Beaverton, OR 97006 AKS Engineering Attn: Alex Hurley 13910 SW Galbraith Drive, Suite 100 Sherwood, OR 97140 Andrew C. Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 • 11OBC-02900 • 2S11013C-00501 2002- R PLAT CLINTON JACK W & MARY A OWN F 1-3 14670 SW HAZEL TREE TER TIGARD, OR 97224 2S11013D-05800 2S1 1 OBD-06300 ABLE MICHAEL J & LINDA M COE SAMUEL B & KAREN L 11838 SW VIEWCREST CT 11959 SW ASPEN RIDGE DR PORTLAND, OR 97224 TIGARD, OR 97224 2S1 1 OBD-04900 2S11013C-01201 ADRIANO JOSEPH A & COLEMAN ROBERT E & VERNA M IRINA E 12300 SW BULL MOUNTAIN RD 11873 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S1108C-02300 2S1 1 OBC-09700 BOITANO TIMOTHY DEAN & COOPER BENJAMIN & CAROLYN M STRASSER JENNIFER 11988 SW ASPEN RIDGE DR 14560 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S1 1 OBD-04300 2S11013D-03800 BROWN DAVID E & JANET L DAI XIAO PING & 11964 SW ELEMAR CT LEE TIFFANY DAI TIGARD, OR 97224 11915 SW ELEMAR CT TIGARD, OR 97224 2S11080-03600 2S1106D-04600 BUCHHOLZ KARL P REV LIV TRUST & DAVIDSON JOHN J/LAURA L PARENT PHYLLIS A REV LIV TRUST 11882 SW ELEMAR CT 11753 SW ASPEN RIDGE TIGARD, OR 97224 TIGARD, OR 97224 2S11013D-05400 2S11013A-06800 CAMERON JENNIFER LAYTON & DAWSON KENNETH L & MELANIE A CAMERON WILLIAM S L 12036 SW WILDWOOD ST 11946 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S11013D-06000 2S11013C-02700 CARUFEL DANIEL J & LISA D DOWSETT A BARRY & SHARON P 11903 SW ASPEN RIDGE DR 14640 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S1 1 OBC-05600 2S110BD-00801 CHEUNG DAVID H & LIANA LA EDWARDS CAROLYN M 1994 LIVING T 12260 SW THORNWOOD DR BY EDWARDS CAROLYN M TR TIGARD, OR 97224 11910 SW WILDWOOD ST TIGARD, OR 97224 2S110613-01000 2S11013C-05300 CHORUBY PATRICK S & LORI L EGAN TRACY S & 11925 SW BULL MTN RD BITTS LAURA K TIGARD, OR 97224 12265 SW THORNWOOD DR TIGARD, OR 97224 • 2S110BD-01100 • 2S110BD-06200 FAUNCE MICHAEL J & DEBORAH J GUTIERREZ ANGEL & 11885 SW BULL MTN RD MCCAULLEY DONNA TIGARD, OR 97224 11937 SW ASPEN RIDGE DR TIGARD, OR 97224 2S1108C-02000 2S1 1 OBC-06900 FORD ERIC L & BARBARA J HARRIS DAVID J & MICHELLE A 12096 SW ASPENRIDGE DR 12255 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-04800 2S110B8-02000 FOSTER ARTHUR G & HELSETH DENNIS H AND BEVERLY C NANCYL 11825 SW ASPEN RIDGE DR 14420 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S11OBC-01900 2S110BD-04700 FOWLER ROBERT E AND PEGGY Y HILTON JAMES W & SUSAN K 11981 SW ASPEN RIDGE DR 11799 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-06600 2S1 1 OBC-07000 FREY ANDREW J & JENNIFER H HOGEN MICHAEL C & JULIE L 12325 SW ASPEN RIDGE DR 12250 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-01300 2S 11 OBC-03900 FROUDE FAMILY TRUST AGREEMENT HUMMERT ROBERT S & SHARON A BY CARL J & BEVERLY J FROUDE TRS 12330 SW WINTERVIEW LN 12200 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 1OCB-01800 2S11OBD-02300 FRO MILY TRUST AGEidf~VT HUNT HOLLY BY CARL J & FROUDE TRS 11949 SW BULL MOUNTAIN RD 12200 L MT TIGARD, OR 97224 RD, OR 97224 2S110BC-07100 2S1108C-02800 GALLAGHER SCOTT A & SARAH L IRISH SARA L 22223 SW 110TH PL 14680 SW 120TH PL TUALATIN, OR 97062 TIGARD, OR 97224 2S110BD-06500 2S11OBC-01600 GLAZIER DON C JOHNSON PAMELLA SIMS 11944 SW ASPEN RIDGE DR 12235 SW BULL MOUNTIAN RD TIGARD, OR 97224 TIGARD, OR 97224 2S110CA-03701 11OBC-00500 GREENFIELD JAMES R JOH AMEL Siwr 15105 SW 119TH AVE 12235S NTIAN RD TIGARD, OR 97224 I497~CRD, OR 97224 2S1106C-02200 • 2S1108C-05400 KAEDING GEORGE E & ELLEN E LE HUY B & 12012 SW ASPEN RIDGE OR DO MINH T TIGARD, OR 97224 12245 SW THORNWOOD DR TIGARD, OR 97223 2S110BD-05300 2S1 1 OBD-02200 KAM RICHARD LAWRENCE AND LEATHERS DAVID F & LUZ M LYNNETTE NAOMI 11964 SW WILDWOOD ST 11979 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97223 2S1106C-05900 2S11013D-00700 KEHE FAMILY TRUST LINDER GERALD P & KAREN M 12330 SW THORNWOOD DR 11870 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S1 1 OCA-03700 2S1108D-04100 KEMP EILEEN M LOONEY GAYLAND R & PATRICIA M 15125 SW 119TH AVE 11977 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 2S11013C-02100 2S1106C-01400 KIM JIN YOUNG AND OK LOUD ANDREW C & 12055 SW ASPEN RIDGE DR TAYLOR CONTANCE J TIGARD, OR 97224 12040 SW BULL MOUNTAIN RD TIGARD, OR 97224 2S1 1 OBC-06800 2S1 1 OBD-05500 KIM YUMI LOUIE STEVEN P & 12275 SW ASPEN RIDGE DR BEVERLY LOUISE TRUSTEES TIGARD, OR 97223 11920 SW VIEWCREST CT TIGARD, OR 97224 2S110CB-02000 2S1106D-03700 KNAUSS HARVEY L MAGDELAIN RICHARD STOCKTON & 14383 SW MCFARLAND BLVD MAGDELAIN BONNIE EILEEN TIGARD, OR 97224 11881 SW ELEMAR CT TIGARD, OR 97224 2S11013D-06400 2S110BA-06700 KUBISIAK MICHAEL P & LAURA GUTH MAJORS WILLIAM JOSEPH/MARTHA JA 11960 SW ASPEN RIDGE 12058 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S1 1 OBC-05700 2S1 1 OBD-06700 LAI LONG SOK & MENIG PAUL M & SUSAN L CHEN JUAN YAN 11902 SW ASPEN RIDGE DR 12290 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-00200 2S1108C-05000 LASSELLE COURTNEY D TRUST NORETTO NED J & BY COURTNEY D LASSELLE TR DIXON-NORETTO TONJA M 12175 SW BULL MOUNTAIN RD 12325 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2511013D-04400 • 251108C-00400 OSBORNE LIVING TRUST REINSTADLER WILLIAM R & BY OSBORNE DONALD L & MURIEL J TRS CHERYL A 11938 SW ELEMAR CT 14550 SW HAZELTREE TER TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05600 251108C-01700 OSTERMAN EDWARD J & ROBINSON CONSTANCE A OSTERMAN MARY LYNNE 12000 SW VIEWCREST CT 11904 SW VIEW CREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05200 1106C-01800 PEASLEE JOHN M & CYNTHIA L RO S 11945 SW VIEWCREST CT 12000 MR CR PORTLAND, OR 97224 TI R7224 2S11oBC-09800 2S11OBC-05100 PEPPER TIMOTHY ROSARIO ALLISON R 14550 SW 120TH PL 12305 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 251106C-05500 25110613-04500 PETERS RONALD D & ILA M ROUSE CHARLES L & DIANE M 12240 SW THORNWOOD DR 11916 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 2S11013D-06100 2511 OBD-03900 PETTICORD DAMON J & SAYLOR GEORGE W AND ALICE E PARK SUN J 11933 SW ELEMAR CT 11915 SW ASPEN RIDGE DR TIGARD, OR 97224 PORTLAND, OR 97224 2S110BC-03800 2S110BD-05000 PHAN STEVEN K SCHAER RONALD F & KATHEY M 12325 SW WINTERVIEW LN 11901 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 2S11013C-06700 2S110BD-06600 PHUA CHENG C & SCHNELL BRADLEY J & JOELLE P TANG LAI L 11926 SW ASPEN RIDGE DR 12305 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S110BD-04200 2S110BC-09900 RASHIDI MANOUCHEHR & SCHWINGHAMMER SHARON H & DEBRA A SCHWINGHAMMER MICHAEL D .11980 SW ELEMAR CT 14580 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05800 2S110BC-00300 RAY ROBIN SYDNE SHARP THOMAS J & PATRICIA J 12310 SW THORNWOOD DR 14440 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97223 2S11013D-04000 2S110BD-00901 SMITH KIRK H & CONNIE J WHITNEY PAUL AND DIANE 11959 SW ELEMAR CT 12035 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05100 2S110BA-07000 SMURTHWAITE THOMAS J & WILLSON TRAVIS J & SHEILA C ROSEMARY A 11972 SW WILDWOOD ST 11927 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 251108D-00500 2S11013D-05900 STEVENS MARLIN K & YANG STEPHANIE WERNER CYNTHIA K 11887 SW ASPEN RIDGE DR 11790 SW WILDWOOD TIGARD, OR 97224 TIGARD, OR 97224 251106D-05700 STRAND MONTE D/KAREN L & GOUGE VIRGINIA J 11872 SW VIEWCREST CT TIGARD, OR 97224 216 BC-02400 TIGARD CIT 1312 HALL BLVD T ARD, OR 97223 2S11013C-05200 TRAN CYNTHIA LE 12285 SW THORNWOOD DR TIGARD, OR 97224 251108C-09500 VENTURE PROPERTIES INC 4230 GALEWOOD ST STE 100 LAKE OSWEGO, OR 97035 S110BC-09600 VENlt! ROPERTIE NC 4230( T STE 100 OSWEGO,OR 2S110BA-06900 WATSON DONALD R & TAMARA 12000 SW WILDWOOD ST TIGARD, OR 97224 2S11013C-07200 WELLS ALEX M & KRISTINA M 12300 SW ASPEN RIDGE DR TIGARD, OR 97224 Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062. Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133rd Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD • WEST INTERESTED PARTIES (pg. 1 of 1) (hcurpln\setup\labels\CIT West.doc) UPDATED: 21-Sep-04 AFFIDAVIT OF MAILING `I I' I /\1 I'll [D) I, Patricia L. Lunsford, being first diddysworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard, Washington Gounty, Oregon and that I served the following: week Awwrl c Box(s) Mow) 19 NOTICE OF PENDING LAND USE DEQSION FOR VAR2006-00079/BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE ❑ AMENDED NOTICE (File 1VolPfame Reference) ® Qty of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each named person(s) at the address (s) shown on the attached list(s), marked Exhibit "B", and by reference made a pain hereof, on September 20, 2006, and deposited in the United States Mail on September 20, 2006, postage prepaid. r ; P (Person Lt P ared otice) STATE OF OREGON County of Washington SS. City of Tigard Subscribed and swoni/affinned before me on the Z dayof'2006. OFFICIAL SEAL KMIFTIE J PEI~~iGa{ H NIOTAPPW PUBLIC-OREGON CO)'; ;11N N0.370962 I f~Y C0~' SI ? --S JULY 28, 2007 11 NOTARY PUBLI OREGON My Commission Expires: a AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: VAR2006-00079 Land Use File Name: BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE I, Gary Pagenstecher, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate to ation(s) IF no address(s) and/or tax lot(s) currently registered) , I 0 Sa 4,-4 and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a cop of s 'd notice being hereto attached and by reference made a part hereof, on the T day of 2006. V Signature of Person ho , rformed Posting ,/"I h:\lo~~n\parq\mastcr \affida it of posting for applicant to post public hcaring.doc BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE (VAR2006-00079) REQUEST: The applicant is requesting approval for a Variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required b Condition of Approval #27 for the decision approving the Bull Mountain Vie Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; South of SW Bull Mountain Road at SW 120th Place.. WCTM 2S110BC; Tax Lot 01400. ZONE: 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 permitte4i outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.705. Further information may be obtained from the Planning Division (staff contact: Gary Pagenstecherl Associate Planner) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171 or by email to gawp o,tigard-or. ov . A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost. GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED CO CT I$II:"' WILDWOOD (500') 2tnleell3 IW I ! n8I5171 5161841 191151 1 15151 ! nBull I IBBII I ~ 2511 '°6$::' Its M W $s$ no n1 FOR: CARLA ALBERTSON n W 11Cnt / 112m18011111 t MIBC1121 144111 1 $ID115 RE: 2S110BC; 01400 w n18CI15 n$aeml 2111$ 11511 2111 2110 n1BDI2 1 = 51C82 11 BULL MOUNTAIN RD IIBM II 21 18051 11 :1)180841 I 2B 1°051 1 T! BC 151 118084 25118051 11 WINTERVIV41 DR 26nIBC112111 n180u IIN 21111101184 112S 181184 I n BCI lee 201ISO I 18!51 Property owner information ~N 2 IIBD152 1 21 161115 11 is valid for 3 months from n BC 11 10 IBM I n 80085 01 281 BBB 00 the date printed on this map. ~Z THOR~ 11 BC 18 211198COI311 IEWC !01 $BDO 180 O D DR neeCn}y 1 $8In 1$ 201 88015 00 n BC $o n BCD 561 26nI8C11118 Sn61110154 I 2111 IBD$ 00 to 2111080 OD$118016 $8 21 1801 n0 CO el n eel 006 261 BBCOI Is ~1 $8008 so 20 OBDOB 50 \ DR MOB 02400 T1 BC 1 281SBC12 $0 n BC a 281 $BCI 11261 OBC82 01261 Gloss $I 261 OBC02 00201 ODD86 00 DB6e6 00 00 110614110 nOC10$7 7 a o R ,gyp T AUTUM/vVf 2111OCB02100 ~O Q( N zsn6Ce6tee0 RG` Q~ b~ 0 100 200 300 400 500 Feet DR Svv GIGO /Aa C 1"= 365 feet ° g a ° 0 0 0 0 ° o 0 s 0 0 AQ o0 0 o Information on this map is for general location only and should be verified with the Development Services Division. Q 13125 SW Hall Blvd ` o Tigard, OR 97223 C= ° (503) 639-4171 htlp*vww.ci.tigard.or.us Community Development Plot date: Aug 18, 2006; C:UnagicWIAGIC03.APR 1106C-02900 • 2S110BC-00501 • 2002- R PLAT CLINTON JACK W & MARY A OWN F 1-3 14670 SW HAZEL TREE TER TIGARD, OR 97224 2S110BD-05800 251108D-06300 ABLE MICHAEL J & LINDA M COE SAMUEL B & KAREN L 11838 SW VIEWCREST CT 11959 SW ASPEN RIDGE DR PORTLAND, OR 97224 TIGARD, OR 97224 251108D-04900 2S110BC-01201 ADRIANO JOSEPH A & COLEMAN ROBERT E & VERNA M IRINA E 12300 SW BULL MOUNTAIN RD 11873 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S11013C-02300 2S110BC-09700 BOITANO TIMOTHY DEAN & COOPER BENJAMIN & CAROLYN M STRASSER JENNIFER 11988 SW ASPEN RIDGE DR 14560 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-04300 2S110BD-03800 BROWN DAVID E & JANET L DAI XIAO PING & 11964 SW ELEMAR CT LEE TIFFANY DAI TIGARD, OR 97224 11915 SW ELEMAR CT TIGARD, OR 97224 2S1101313-03600 251106D-04600 BUCHHOLZ KARL P REV LIV TRUST & DAVIDSON JOHN J/LAURA L PARENT PHYLLIS A REV LIV TRUST 11882 SW ELEMAR CT 11753 SW ASPEN RIDGE TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05400 2S110BA-06800 CAMERON JENNIFER LAYTON & DAWSON KENNETH L & MELANIE A CAMERON WILLIAM S L 12036 SW WILDWOOD ST 11946 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S1108D-06000 2S110BC-02700 CARUFEL DANIEL J & LISA D DOWSETT A BARRY & SHARON P 11903 SW ASPEN RIDGE DR 14640 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S11013C-05600 2S110BD-00801 CHEUNG DAVID H & LIANA LA EDWARDS CAROLYN M 1994 LIVING T 12260 SW THORNWOOD DR BY EDWARDS CAROLYN M TR TIGARD, OR 97224 11910 SW WILDWOOD ST TIGARD, OR 97224 2S110BD-01000 2S110BC-05300 CHORUBY PATRICK S & LORI L EGAN TRACY S & 11925 SW BULL MTN RD BITTS LAURA K TIGARD, OR 97224 12265 SW THORNWOOD DR TIGARD, OR 97224 2S110BD-01100 • 251108D-06200 • FAUNCE MICHAEL J & DEBORAH J GUTIERREZ ANGEL & 11885 SW BULL MTN RD MCCAULLEY DONNA TIGARD, OR 97224 11937 SW ASPEN RIDGE DR TIGARD, OR 97224 2S110BC-02000 2S110BC-06900 FORD ERIC L & BARBARA J HARRIS DAVID J & MICHELLE A 12096 SW ASPENRIDGE DR 12255 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 251106D-04800 2S110BB-02000 FOSTER ARTHUR G & HELSETH DENNIS H AND BEVERLY C NANCY L 11825 SW ASPEN RIDGE DR 14420 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-01900 2S1108D-04700 FOWLER ROBERT E AND PEGGY Y HILTON JAMES W & SUSAN K 11981 SW ASPEN RIDGE DR 11799 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-06600 2S110BC-07000 FREY ANDREW J & JENNIFER H HOGEN MICHAEL C & JULIE L 12325 SW ASPEN RIDGE DR 12250 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-01300 251106C-03900 FROUDE FAMILY TRUST AGREEMENT HUMMERT ROBERT S & SHARON A BY CARL J & BEVERLY J FROUDE TRS 12330 SW WINTERVIEW LN 12200 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 10C6-01800 2S110BD-02300 FRO MILY TRUST AG T HUNT HOLLY BY CARL J & FROUDE TRS 11949 SW BULL MOUNTAIN RD 12200 L MT TIGARD, OR 97224 RD, OR 97224 2S110BC-07100 251108C-02800 GALLAGHER SCOTT A & SARAH L IRISH SARA L 22223 SW 110TH PL 14680 SW 120TH PL TUALATIN, OR 97062 TIGARD, OR 97224 251106D-06500 251108C-01600 GLAZIER DON C JOHNSON PAMELLA SIMS 11944 SW ASPEN RIDGE DR 12235 SW BULL MOUNTIAN RD TIGARD, OR 97224 TIGARD, OR 97224 2S110CA-03701 10BC-00500 GREENFIELD JAMES R AM EL 15105 SW 119TH AVE 1:2123: 5 S TI AN RD TIGARD, OR 97224 D, OR 97224 251108C-02200 2S110BC-05400 • KAEDING GEORGE E & ELLEN E LE HUY B & 12012 SW ASPEN RIDGE DR DO MINH T TIGARD, OR 97224 12245 SW THORNWOOD DR TIGARD, OR 97223 251106D-05300 2S110BD-02200 KAM RICHARD LAWRENCE AND LEATHERS DAVID F & LUZ M LYNNETTE NAOMI 11964 SW WILDWOOD ST 11979 SW VIEWCREST CT TIGARD, OR 97224 TIGARD, OR 97223 2S110BC-05900 2S110BD-00700 KEHE FAMILY TRUST LINDER GERALD P & KAREN M 12330 SW THORNWOOD DR 11870 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S110CA-03700 2S110BD-04100 KEMP EILEEN M LOONEY GAYLAND R & PATRICIA M 15125 SW 119TH AVE 11977 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-02100 2S110BC-01400 KIM JIN YOUNG AND OK LOUD ANDREW C & 12055 SW ASPEN RIDGE DR TAYLOR CONTANCE J TIGARD, OR 97224 12040 SW BULL MOUNTAIN RD TIGARD, OR 97224 2S110BC-06800 2S110BD-05500 KIM YUMI LOUIE STEVEN P & 12275 SW ASPEN RIDGE DR BEVERLY LOUISE TRUSTEES TIGARD, OR 97223 11920 SW VIEWCREST CT TIGARD, OR 97224 2S110C13-02000 2S110BD-03700 KNAUSS HARVEY L MAGDELAIN RICHARD STOCKTON & 14383 SW MCFARLAND BLVD MAGDELAIN BONNIE EILEEN TIGARD, OR 97224 11881 SW ELEMAR CT TIGARD, OR 97224 2S110BD-06400 2S110BA-06700 KUBISIAK MICHAEL P & LAURA GUTH MAJORS WILLIAM JOSEPH/MARTHA JA 11960 SW ASPEN RIDGE 12058 SW WILDWOOD ST TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05700 2S110BD-06700 LAI LONG SOK & MENIG PAUL M & SUSAN L CHEN JUAN YAN 11902 SW ASPEN RIDGE DR 12290 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-00200 2S110BC-05000 LASSELLE COURTNEY D TRUST NORETTO NED J & BY COURTNEY D LASSELLE TR DIXON-NORETTO TONJA M 12175 SW BULL MOUNTAIN RD 12325 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-04400 2S110BC-00400 • OSBORNE LIVING TRUST REINSTADLER WILLIAM R & BY OSBORNE DONALD L & MURIEL J TRS CHERYL A 11938 SW ELEMAR CT 14550 SW HAZELTREE TER TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05600 2S110BC-01700 OSTERMAN EDWARD J & ROBINSON CONSTANCE A OSTERMAN MARY LYNNE 12000 SW VIEWCREST CT 11904 SW VIEW CREST CT TIGARD, OR 97224 TIGARD, OR 97224 2S11OBD-05200 1411OBC-01100 PEASLEE JOHN M & CYNTHIA L RO 11945 SW VIEWCREST CT 120MR CR PORTLAND, OR 97224 TI 7224 2S110BC-09800 2S110BC-05100 PEPPER TIMOTHY ROSARIO ALLISON R 14550 SW 120TH PL 12305 SW THORNWOOD DR TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05500 2S11 OBD-04500 PETERS RONALD D & ILA M ROUSE CHARLES L & DIANE M 12240 SW THORNWOOD DR 11916 SW ELEMAR CT TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-06100 251106D-03900 PETTICORD DAMON J & SAYLOR GEORGE W AND ALICE E PARK SUN J 11933 SW ELEMAR CT 11915 SW ASPEN RIDGE DR TIGARD, OR 97224 PORTLAND, OR 97224 2S11013C-03800 2S110BD-05000 PHAN STEVEN K SCHAER RONALD F & KATHEY M 12325 SW WINTERVIEW LN 11901 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 2S11 OBC-06700 2S11 OBD-06600 PHUA CHENG C & SCHNELL BRADLEY J & JOELLE P TANG LAI L 11926 SW ASPEN RIDGE DR 12305 SW ASPEN RIDGE DR TIGARD, OR 97224 TIGARD, OR 97223 2S110BD-04200 2S110BC-09900 RASHIDI MANOUCHEHR & SCHWINGHAMMER SHARON H & DEBRA A SCHWINGHAMMER MICHAEL D 11980 SW ELEMAR CT 14580 SW 120TH PL TIGARD, OR 97224 TIGARD, OR 97224 2S110BC-05800 2S110BC-00300 RAY ROBIN SYDNE SHARP THOMAS J & PATRICIA J 12310 SW THORNWOOD DR 14440 SW HAZELHILL DR TIGARD, OR 97224 TIGARD, OR 97223 2S110BD-04000 • 2S110BD-00901 • SMITH KIRK H & CONNIE J WHITNEY PAUL AND DIANE 11959 SW ELEMAR CT 12035 SW BULL MTN RD TIGARD, OR 97224 TIGARD, OR 97224 2S11013D-05100 2S110BA-07000 SMURTHWAITE THOMAS J & WILLSON TRAVIS J & SHEILA C ROSEMARY A 11972 SW WILDWOOD ST 11927 SW VIEWCREST CT TIGARD, OR 97224 PORTLAND, OR 97224 2S11013D-00500 2S110BD-05900 STEVENS MARLIN K & YANG STEPHANIE WERNER CYNTHIA K 11887 SW ASPEN RIDGE DR 11790 SW WILDWOOD TIGARD, OR 97224 TIGARD, OR 97224 2S110BD-05700 STRAND MONTE D/KAREN L & GOUGE VIRGINIA J 11872 SW VIEWCREST CT TIGARD, OR 97224 BC-02400 TIGARD CI 13~ARD ALL BLVD T , O R 97223 251106C-05200 TRAN CYNTHIA LE 12285 SW THORNWOOD DR TIGARD, OR 97224 2S110BC-09500 VENTURE PROPERTIES INC 4230 GALEWOOD ST STE 100 LAKE OSWEGO, OR 97035 S11OBC-09600 VE ROPERTIE NC 4230 G T STE 100 OSWEGO,OR 2S110BA-06900 WATSON DONALD R & TAMARA 12000 SW WILDWOOD ST TIGARD, OR 97224 2S1 1 OBC-07200 WELLS ALEX M & KRISTINA M 12300 SW ASPEN RIDGE DR TIGARD, OR 97224 • • Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 1331d Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD • WEST INTERESTED PARTIES (pg. 1 of 1) (i:\curpln\setup\Iabels\CIT West.doc) UPDATED: 21-Sep-04 `Prom:40LE12985 08/18006 13:46 #018 P.001/001 CITY OF TIGARD. OUNNNI DIVIONOPMENT DEPARTMENT n Y' dJN S HHLAY RD TID, REGON PHONE: 503-639-4171 FAX: ,503-624-3681 (Attn: Patty/Planning) , Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW: 'Q s I i0 B~ d /~lfD PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and the project planner has reviewed your application for completeness, you will be notified by means of an incompleteness letter to obtain your 2 final sets of labels. The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) with first class letter-rate ostage on the envelopes in the form of postage stamps (no metered envelopes and no return address) and resubmitted to the.City for the ose of providing notice to property owners of the proposed land use application and the decision. TAUT sets of envelopes must be kept separate. The person listed below will be called to pick up and pay for the labels when they are ready. NAME OF CONTACT PERSON: (CL C~Ix ~L PHONE: 563- V5- 2'79el FAX: rc, ,3 - `%R5- 9'969q EMAIL: a- 0 a-P-s - C4 ;16111 This request may be mailed, faxed or hand delivered to the City of Tigard. -Please allow a 2-day minimum for processing requesis. Upon completion of your request, the contact person will be called to pick up their request that will be placed in "Will Calf' by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined., PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to tint one set of labels b the number of sets requested. EXAMPLE COST FOR THIS REQUEST 4 sheets of labels x $2/sheet = 6.00 x 2 sets = $16.00 sheet(s) of labels x $2/sheet to, x 2 sets = 20.f~0 1 sheets of labels x $2/sheet for interested parties x 2 sets= $ 4.00 sheet(s) of labels x $2/sheet for interested partles = $ 2.. x "L sets = 4.00 GENERATE LIST = 11.00 GENERATE LIST = X TOTAL = $31.00 TOTAL = $ o AUG e) 0 2000' BULL MOUNTAIN VIEW ESTATES,-,. J ADJUSTMENT APPLICATION AKS JOB # 1283 DATE: AUGUST, 2006 CLIENT: WEST HILLS DEVELOPMENT 15500 JAY STREET BEAVERTON, OR 97006 CONTACT: ALEXANDER HURLEY FIRM: AKS ENGINEERING & FORESTRY, LLC. ENGINEERING & FORESTRY 13910 SW GALBREATH DRIVE, SUITE 100 SHERWOOD, OR 97140 PHONE: (503) 925-8799 FAX: (503) 925-8969 OUTDATED MATERIAL (Can be Tossed after end of appeal period of final decision) TABLE OF CONTENTS I COMPLETED APPLICATION FORMS WITH DEED II PROJECT NARRATIVE Introduction General Information Site Description Proposal Community Development Code Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments Chapter 18.390 DECISION MAKING PROCEDURES 18.390.040 Type II Procedure Chapter 18.705 ACCESS, EGRESS AND CIRCULATION 18.705.030 General Provisions Appendix A. Site Plan AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 PREM. HELD Or. t I 1. ( 01. 13`1117 Hyi':.0,41'AR:D TrjG' ;~W.h 7 cffv OF TIGARD `'-gYS-e' r:~:.~'.•^'. F:~:...dc„ i.a C1.04 ',R;•L; L ~ . OREGON WOW LAN , € M 'IT N` File 1,0~~ t 7 Other C. fir:.. Ott, '7:'.i..:fi_F.'Iw 9-5'.G:J;:' • Date S~ B: . Rece r TYPE OF PERMIT YOU ARE APPLYING FOR Adjustment/Variance (I or II) Q Minor Land Partition (II) ❑ Subdivision (11 or III) Q Comprehensive Plan Amendment (IV) Q Minor Modification (1) ❑ Zone Change (111) ❑ Conditional Use (111) ❑ Planned Development (111) ❑ Zone Change Annexation (IV) ❑ Historic Overlay (11 or 111) Q Sensitive Lands Review (I, 11 or 111) ❑ Zone Ordinance Amendment (IV) ❑ Home Occupation (I or 11) ❑ Site Development Review (11) ❑ Miscellaneous (1) - (Lot Line Adjustment/Temporary Use/Tree Removat/Director's Interpretation, etc.) (Address i available) 1.;-70VI9 5'~0 LL AKOuA-1i 4r,J 046 02 9722& I AX MAP & TAX LO I NOS 2S/fo~c.o~ oo APPLICANT* 2:Oc S77' 1' ~~J 02 060 I'MUNt NU. 'FAX NO. 5Z?3- 6~i- 416 111VAL6,--4KS c ul i~ ti 5D3- 92S- 87019 PROPERTY OWNERWEED HOLDER (Attacn ,s , more an one /~it/t712~-zv C. c:OV~ r C~.vs c/C~ 7,4 vzO 12 Ozlo J&'L) 1/LL Oi~rvi.9- ,v ZD Li) C~~ 22 PHONE 19U. - R 6V:3 - Sg - 9S-1 3K -595 - ag33 'When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee In possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY ease be specs is L O t~ FW- r4N L) .STAN tN ' i o.(-,' cJ / 0-30,11,3 ZVALCOLo N M vM s A/ ' OF 6 r v D Lo.v LL- ' 7t7ti TV &E 12 Y Al APPLI(If-ndA/ f12 UL /V1Gl~~ ' .v ICJ tJ 2 yr y .~r, aR/ APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights. granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based. on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature v~~y! Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights. granted in accordance with the terms and subject to all the conditions and limitations of the approval. o All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based. on this application, map be revoked if it is found that any such statements are false. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date G7.ir~ ' ~ - I C~ - U ~ Owner's Signature Date Owner's Signature Date Owner's Signature Date s Owner's Signature elm y l ~ ' Date 2AA/,xR lr~l~ Applicant! imep esentative's Sig a ure Dat Applicant/AgentlRepresentative's Signature Date STATE OF OREGON } S8 County of Waahlnnton may rp •r of Anaass- 1, Jerry ( a n' BUIP yo County msnt and, xa non rtlty that Clark for~ld)6QU'n"t (5~ ooelved the with lnf$ .tolen D1 cnd ro rdo Ki. t odf -Of anld County, yJ A 1P 4 Y.~(L1 `•'ypngo lrootor of 11' rk Iton, Ex- Perk Doc 98122268 Rect: 219749 41.00 10/30/1998 11:50:15am l Fain No. 723- B+uorln an • BARGAIN AND SALE DEED KNOW All MEN BY THESEPRE&EMS, That Andrew C: Load an jnnnrriPd individual and Colistabce J, Taylor. in unmarried individual t I herelwOer called grantor, for the consideration hereingfter stated, does hereby grant. bargain, tell and convey unia I Andrew C. Loud and Constanca J. Taylor, Hupband and Wife hereinq ter called granite, and unto granters heirs, successors and assigns all of that certain real property with the Yj D~ tenements, hrred)tamuus' and appurtenances thereunto belonging or In anywise appertaining, situated In the County of r-- WASHINGTON Stale of Oregon, described as follows, to-wit; SEE ATTACHED LEGAL DESCRIPTION ,t s.;;re unto lire Said gramrcr and grantee's hems, successors and assigns forever. T 2!t.•:: LT J. ;j -u-11;!' The true and orlnal consideration paid for this traufer, stated in !erns of dollars, is .t A OHowever, the actual consideration consists of or Includes other property or value given or promised which Is ((he whole/pact of the) consideratlon (indicate which O (Die srntence between the symbols a), if not applicable should be deleted. See ORS 93.030.) In construing this deed and where the contest so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. in Witness Whereof, the grantor has executed this instrument this 2.4. day of ZZoryi5 , if o corporate grantor, it has roused Its mute to be signed and seal offined by its officers, duly authorized thereto by order of lis board of directors, d! THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY Andrew C. Loud DESCRIBED IN THC INGTRUMENT IN VIOLATION OF APPLK;MLt LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE n TITLE TO THE PROPERTY SHOULD CHECK WITH THE / r APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO , e VEAI- APPROVED USES AND TO DETERMINE ANY LIMITS ON Cnnecnnce J. Tu C x LAWSUIT. AGAINST FARMING OR FOREST PRACTICES AS Y DEFINED IN ORS 30.x30. -2 ~ STATE OF OIL, SIN X F Courtry of . } is. BE I7' REMEMBER.ED, That on lids .-4 74- say of 19 e~lL` _ before me, the undersigned, a Notary Public In and for sold County ate! State, perso ly appeared the within )canted Andrew C. Loud and Constance J. Tavl i known io me to be the identical individual n_ _ described in and who executed the within Instrument and acknowledged to me That THEY executed the some freely and voluntarily. IN TESTIMONY WHEREOF. 1 have hereunto set riry hand and gffaed my official seal the day and year last above written. ppFF DEEIQUILLEN C NOTARY PHSLIC•OREGQN Notary !'ublic for Oregon. COMMISSIDN'W0. 021944 My Cantnu spires /°l . /`t00 f MY CBMMISSION WIRES STATE OF OREGON, Ti nerd OR 77114 Couruy of }ss- Grentor'e Namo and Addrasa l certify thar the within Instrument was Andrew Loud and Constance Tavlpr 12040 SW Bull Mo R received for record on the T and OR 7224 day of 19_ , at Giants@'% Name and Mdrsea o'clock - M., and recorded in Anar raoordlno return to: Speoe Rasarvad book/reellvolulne No, an Andrew C. Loud and Constance T r For page or as feelflelLutru- 12040 SW Bull Mountain Rogd Reoo(dar's Use menthnlcrofilm/reeepiion No. Tigard, OR 97224 Record of Deeds of said county. Name. Addrass,ap Witness my hand and seal of County Unlll a ohanppe Ia raquested all tax sittarnenta aheli be sant q(fnxed. to the Iolbw(no addrou, same as above Nama Tllle i Depuq' Name, Addisse, Zip BY r ' t ' n' EXHIBIT 'A' A pert of Section 10, Township 2 South, Range 1 West, of the Willamette Meridian, In the City of Tigard. County of Washington and State of Oregon, more particularly described as follows: Beginning at an Iron pipe on the South Ilme of the Northwest quarter of said section, 98b.1 teat East of the Bouthwest comer of said quarter secllon; thence North 847.63 foot to an Iron pipe In the center of the county road; thence North 86'36' East along the center of said road, 255.13 fast to an Iran plpa; thane South BSZ76 feet to an Iron pipe on the South line of said Northwest quarter, thence West 254.68 feet to the pace of beginning, EXCEPTING THEREFROM that portion deeded to William R. Robinson, at ux, by Deed recorded January 8, 1974 to Book 958, page 951. INTRODUCTION General Information Applicant: West Hills Development 15500 Jay Street Beaverton, OR 97006 (503) 641-7342 Applicant's Representative: AKS Engineering & Forestry, LLC. 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 Phone: (503) 925-8799 Fax: (503) 925-8969 Contact: Alexander Hurley Property Owner: Andrew C. Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 (503) 598-0533 Property Addresses: 12040 SW Bull Mountain Road Tigard, OR 97224 Tax Lot Number: Tax Lot 1400 (Washington County Tax Map Number 2S-1-IOBC) Lot Size: 2.44 Acres Current Zoning Designation: R-4.5 Low Density Single Family Residential District Pre-Application Meeting: February 24, 2005 Site Description The site is located to the south of SW Bull Mountain Road at the intersection of SW 120`h Place and SW Bull Mountain Road. The project site has moderate slopes less than 15%, sloping downward to the southeast. The site consists primarily of a grass field with scattered trees in the northern portion of the site. There is an existing home, one large wooden outbuilding, and one small shed located on the site. The home will remain, and the large wooden outbuilding and small shed will be removed. AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 1 A water main is currently located within the right-of-way of SW Bull Mountain Road, and a sanitary sewer stub is located at the southeast corner of the property. An existing storm sewer main is located within the right-of-way of SW Viewcrest Court, to the southeast of this site. Proposal The applicant is requesting an adjustment relating to street and driveway spacing along a collector street (SW Bull Mountain Road). The applicant is proposing to construct SW 120th Place (as shown in the submitted materials for the Bull Mountain View Estates subdivision proposal) as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. This street will be stubbed to the west to accommodate the future development of the adjacent property, and a future through connection to SW Winterview Drive. Please refer to the Bull Mountain View Estates (SUB 2005-00019) subdivision application materials, notice of decision, and conditions of approval for more information and "Basic Submittal Requirements". AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 .2 COMMUNITY DEVELOPMENT CODE Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within prescribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.010C. B. Development adiustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in Subsection B2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional standard for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to a 5% increase of the maximum lot coverage required in the base zone. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 3 a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment will not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. C. Special adjustments. 11. Adjustments for street improvement requirements (Chapter 18.810). By means of a Type II procedure, as governed by 18.390.040, the Director shall approve, approve with conditions, or deny a request for an adjustment to the street improvements requirements, based on findings that the following criterion is satisfied: Strict application of the standards will result in an unacceptable adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes or existing mature trees. In approving an adjustment to the standards, the Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. Comment: The applicant is seeking a special adjustment to section 18.705.030.H.3, which requires a 200-foot minimum spacing of driveways and streets along a collector. The Bull Mountain View Estates subdivision project is proposing to construct SW 1201h Place as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. The existing home, topographic constraints, and the existing development pattern of the adjacent subdivision (Aspen Ridge) limit the possible street locations for this property. The proposed intersection of SW 120th Place and SW Bull Mountain Road aligns with the existing intersection of SW 120`h Place and SW Bull Mountain Road (to the north). There is adequate sight distance at this proposed intersection location and there are no existing streets located within 200 feet; however, there are three existing driveways (which serve individual single family homes) located approximately 115 feet west (north and south side of SW Bull Mountain Road) and 150 feet east (north side of SW Bull Mountain Road) of the proposed intersection. Due to the limited frontage of the subject property, and numerous individual driveways adjacent to SW Bull Mountain Road, it is not possible to provide access to this property and meet the 200-foot spacing requirement. The proposed intersection location provides the maximum AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 4 possible distance from all existing driveways while directly aligning with the only street intersection in the vicinity. A traffic study and access report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application proposal. This report concludes that the proposed intersection of SW 120th Place and SW Bull Mountain Road is expected to operate safely. Additionally, it should be noted that the individual single family driveways accessing SW Bull Mountain Road adjacent to the project site will eventually be removed when these properties develop in the future. This adjustment is required to allow the minimum spacing of driveways and streets along a collector to be reduced to less than the 200-foot minimum length required under section 18.705.030.H.3. Strict application of this standard will result in an unacceptably adverse impact on the approved Bull Mountain View Estates subdivision by making it impossible to develop this property. There are no adverse impacts to the public. Chapter 18.390 DECISION MAKING PROCEDURES 18.390.040 Type II Procedure A. Preapplication conference. A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in 18.390.080C. B. Application Requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 E1; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system, including AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 5 bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards 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 the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Comment: A pre-application conference for the Bull Mountain View Estates subdivision proposal was held on February 24, 2005. The Type II application form for the adjustment, along with the proposal and narrative, has been included with this application. Additional submittal requirements for this application were submitted with the Bull Mountain View Estates subdivision application, and are currently on file at the City (Case File No. SUB 2005-00019). Also included with this application are the necessary fees and envelopes. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions D. 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. Comment: SW 120th Place is accessible from SW Bull Mountain Road, currently a public right-of-way; therefore, the requirements of this section have been met. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 6 b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a,clear and present danger to the public health, safety, and general welfare. Comment: A Transportation Impact Study and Access Report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application (SUB 2005-00019). No hazardous conditions were identified; therefore, this section does not apply. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility). Comment: A Transportation Impact Study and Access Report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application (SUB 2005-00019). 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. Comment: As discussed in section 18.370.020, the applicant is requesting an adjustment to this standard. The Bull Mountain View Estates subdivision project is proposing to construct SW 1201h Place as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. The existing home, topographic constraints, and the existing development pattern of the adjacent subdivision (Aspen Ridge) limit the possible street locations for this property. The proposed intersection of SW 120`h Place and SW Bull Mountain Road aligns with the existing intersection of SW 120`h Place and SW Bull Mountain Road (to the north). There is adequate sight distance at this proposed intersection location and there are no existing streets located within 200 feet; however, there are three existing driveways (which serve individual single family homes) located approximately 115 feet west and 150 feet east of the proposed intersection. Due to the limited frontage of the subject property, and numerous individual driveways adjacent to SW Bull Mountain Road, it is not possible to provide access to this property and meet the 200-foot spacing requirement. The proposed intersection location provides the maximum possible distance from all existing driveways while-directly aligning with the only street intersection in the vicinity. A traffic study and access report was prepared by Lancaster Engineering, and is included with the submitted materials for AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, August 2006 7 the Bull Mountain View Estates subdivision application proposal. This report concludes that the proposed intersection of SW 1201h Place and SW Bull Mountain Road is expected to operate safely. Additionally, it should be noted that the individual single family driveways accessing SW Bull Mountain Road adjacent to the project site will eventually be removed when these properties develop in the future. AKS Engineering & Forestry, LLC. 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Fax:503-846-2908 Oct 5 2006 15:08 P.01 i RECEIVED y SEP 212006 l.andl se aTmertt SenAaN REQUEST FOR COMMENTS DATE: September20A2QQ& TO: Steve Conway, Washington County Dept. of Land Use & Transportation FROM: S jg Qf'1'igard Planning Division STAFF CONTACT: Q&q Pagenstecher. AsFOciatc Planncr (x2434 Phone: (503) 639-4171 Fax: (503) 624-3681 Email: pnm1a ttpard-or.QOv VARIANCE (VAR) 2006-00079 ➢ BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCEQ REQUEST: The applicant is requesting approval for a Variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by Condition of Approval #27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; South of SW Bull Mountain Road at SW 120'h Place.. WC IM 2S110BC; Tax Lot 01400. ZONE: 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 5,00) 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. APPLICABLE REVIEW CRITERIA: Community Dcvclo mcnt Codc Cha tcrs 18.370, 15.390, 18.510 and 18.705. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near fixture. If you wish to comment on this application, _WE NEED YOUR COMMENTS BACK BY_OCTOBER Z006. You may use the space provided below or attach a separate letter to return your comments. If vc~u arc unabl o sb4ri_ h ab 1a please hone the staff contact noted above with your comments and confirm yyour comments in writing as soon as possible. ff you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. .PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Plcasc contact of our office. _ Pleasc refer to the enclosed letter or email. Written comments provided below: a - ~ a f --ea, Name & Number of Pcraon Commenting. TVP6R.) Tualatin Valley Fire & Rescue October 4, 2006 Gary Pagenstecher, Associate Planner City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 Re: Bull Mountain View Estates Access Spacing Variance (VAR) 2006-00079 Dear Gary, Thank you for the opportunity to review the proposed site plan surrounding the above named development project. The fire district has no comments or conditions insofar as fire apparatus access or firefighting water supplies are concerned. If there is anything about this letter you do not understand, disagree with, or wish to discuss further, please call me. Sincerely, John K. Dalby John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 (503) 356-4723 North Division Office 14480 SW Jenkins Road, Beaverton, OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com September 23, 2006 Page 1 of 1 Gary Pagenstecher - Ltr to City Gary PagenstecherSeptember 23.doc From: "Mary Clinton" <mj.clinton(averizon.net> To: <garyp(atigard-or.gov> Date: 9/28/2006 12:14 AM Subject: Ltr to City Gary PagenstecherSeptember 23.doc September 27, 2006 City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, Oregon 97223 Gary Pagenstecher, Associate Planner: RE Variance (VAR) 2006-00079 Bull Mountain View Estates Access Spacing Variance We are apposed to the variance because we are greatly concerned about the safety of the many pedestrians and the heavy vehicular traffic on Bull Mountain Road. Having just moved to Bull Mountain, after living on Little Bull Mountain for 36 years, we had no idea that so many people were jogging or walking along Bull Mountain Road. We request the variance be denied. Sincerely, Tack a4,i& Ma*y Jack and Mary Clinton 14670 SW Hazeltree Terrace Phone 503-639-8345 file://C:\Documents and Settings\garyp.000\Local Settings\Temp\GW}OOOOI.HTM 9/28/2006 REQUEST FOR COMMENTS DATE: September 20, 2006 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Gary Pagenstecher, Associate Planner (x2434) Phone: (503) 639-4171 Fax: (503) 624-3681 Email: gain@tgard-or.gov VARIANCE (VAR) 2006-00079 ➢ BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE< REQUEST: The applicant is requesting approval for a Variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by Condition of Approval #27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; South of SW Bull Mountain Road at SW 120`h Place.. WCTM 2S110BC; Tax Lot 01400. ZONE: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.705. Attached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: OCTOBER 4, 2006. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter or email. Written comments provided below: Name & Number of Person Commenting: Y OF TIGARD REQUEST FOP*OMMENTS NOTIFICALIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: fir{ 'bw FILE NAME: ~Z~ • l ^ .J r CMN INVOLVEMENT TEAMS r 14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: []Central []East ❑SouthFe est CITY OFFICES L _ LONG RANGE PLANNING/Barbara Shields, Planning Mgr. COMMUNITY DVLPMNT. DEPTJPlanning-Engineering Techs. _ POLICE DEPTJJim Wolf, Crime Prevention Officer _ BUILDING DIVISION/Mark (residential) Brian (commercial) 2ENGINEERING DEPT./Kim McMillan, Dvlpmnt. Review Engineer _ PUBLIC WORKS/Matt Stine, Urban Forester _ CITY ADMINISTRATION/Cathy Wheatley, City Recorder _ PUBLIC WORKS/Rob Murchison, Project Engineer _ PLANNING COMMISSION (+11 sets) ,e PLANNER - POST PROJECT SITE 10 BUSINESS DAYS PRIOR TO A PUBLIC HEARINGI _ HEARINGS OFFICER (+2 sets) SPECALDISIC TUAL. HILLS PARK& REC. DIST. aY / TUALATIN f _ VALLEY FIRE & RESCUE _ TUALATIN VALLEY WATER DISTRICT _ CLEANWATER SERVICES Planning Manager North Division Administrative Office Lee Walker/SWM Program 15707 SW Walker Road John K. Dalby, Deputy Fire Marshall PO Box 745 155 N. First Avenue Beaverton, OR 97006 14480 SW Jenkins Road Beaverton, OR 97075 Hillsboro, OR 97124 Beaverton, OR 97005-1152 LOCAL AND STATE JURISDICTIONS 1 CITY OF BE:AVERTON CITY OF TUALATIN OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS _ Planning Manager Planning Manager Davin Simmons, Habitat Biologist Melinda Wood WILUN F~ R.aul,.d) _ Steven Sparks, Dev. sue. Mme. 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE, Suite 100 PO Box 4755 Tualatin, OR 97062 18330 NW Sauvie Island Road Salem, OR 97301-1279 Beaverton, OR 97076 Portland, OR 97231 _ OR. PUB. UTILITIES COMM. METRO -LAND USE & PLANNING* -OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310-1380 City Manager Portland. OR 97232-2736 Portland, OR 97232 17160 SW Upper Boones Fry. Rd. _ Bob Knight, Data R.souce center (zcA) _ US ARMY CORPS. OF ENG. Durham, OR 97224 _ Paulette Allen, Gmwth Management coordinator _ OR. DEPT. OF LAND CONSERV.& DVLP. Kathryn Harris (Maps acwsLetter o.y) _ Mel Huie, GreenspacesCowdnator(CPA/ZCA) Larry French (comp. PlanAmwtlments ony) Routing CENWP-OP-G _ CITY OF KING CITY _ Jennifer Budhabhatti, R.giona Ptan„er (wetlaa,dg) 635 Capitol Street NE, Suite 150 PO Box 2946 City Manager _ C.D. Manager, Gmwthmwapw„wtservices Salem, OR 97301-2540 Portland, OR 97208-2946 15300 SW 116th Avenue King City, OR 97224 WASHINGTON COUNTY M► _ OR. DEPT. OF ENERGY (Powen:,.e in Arse) _ OR. DEPT OF AVIATION (Monopoa Taw*m) Dept. of Land Use & Transp. Bonneville Power Administration Tom Highland, Ptannirv 155 N. First Avenue _ CITY OF LAKE OSWEGO / Routing TTRC - Attn: Renae Ferrara 3040 25th Street, SE Suite 350, MS 13 Planning Director PO Box 3621 Salem, OR 97310 Hillsboro. OR 97124 PO Box 369 Portland, OR 97208-3621 L/Steve Conway pwww Apps,) Lake Oswego, OR 97034 Gregg Leion (CPA) _ OR.DEPT.OF ENVIRON.ClUALITY (DECI) ODOT, REGION 1 _ Brent Curtis (CPA) CITY OF PORTLAND (Notify fm WetlwMs aM Potential Environmental Impacts) _ Grant Robinson, Development Review Coordinator _ Doria Mateja (ZCA) MS 14 Planning Bureau Director Regional Administrator _ Carl Torland, Right-of-Way Section (vacations) _ Sr.Cartographer icPAacAiuS,. 1900 SW 4 h Avenue, Suite 4100 2020 SW Fourth Avenue, Suite 400 123 NW Flanders _ Jim NimS, si rveyoraGlus is Portland, OR 97201 Portland, OR 97201-4987 Portland, OR 97209-4037 _ WA.CO.CONSOL. COMM.AGNCY _ ODOT, REGION 1 - DISTRICT 2A _ ODOT, RAIL DIVISION _ STATE HISTORIC Dave Austin (wcccA)-sry-psT-1 Sam Hunaidi,Assistant District Mwnaaw (NorxyIf oooTRR4Nwy.Cr..stngis Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning, sr. crossN sates swwist (Notiy If Prop" Has HD overtsy) Beaverton, OR 97007-0375 Portland, OR 97221 555-13"' Street, NE, Suite 3 1115 Commercial Street, NE Salem, OR 97301-4179 Salem OR 97301-1012 UTILITY PROVIDERS AND SPECIAL AGENCIES _ PORTLAND WESTERN R/R, BURLINGTON NORTHERN/SANTA FE R/R, OREGON ELECTRIC R/R (Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell, President & General Manager 1200 Howard Drive SE Albany, OR 97322-3336 _ SOUTHERN PACIFIC TRANS. CO. R/R _ METRO AREA COMMUNICATIONS _ COMCAST CABLE CORP. _ TRI-MET TRANSIT DVLPMT. Clifford C. Cabe, Construction Engineer Debra Palmer (Annexations any) Gerald Backhaus (s.. Lt.P b.,.. c_.) (If Project is Within V. Mile of o Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin, Project Planner Portland, OR 97232 1815 NW 169th Place, S-6020 Beaverton, OR 97005 710 NE Holladay Street Beaverton, OR 970064886 Portland, OR 97232 _ PORTLAND GENERAL ELECTRIC _ NW NATURAL GAS COMPANY _ VERIZON _ OWEST COMMUNICATIONS Ken Gutierrez, Svc.Design Consultant Scott Palmer, Engineering Coord. David Bryant, Engineering Lynn Smith, Eng. ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd, Rm 110 Wilsonville, OR 97070 Portland, OR 97209-3991 Beaverton, OR 97075-1100 Portland, OR 97219 _ TIGARDITUALATIN SCHOOL DIST. #23J _ BEAVERTON SCHOOL DIST. #48 _ COMCAST CABLE CORP. _ COMCAST CABLE COMMUNIC. Teri Brady, Administrative Offices Jan Youngquist, Demographics Alex Silantiev ta..M. I.A-c..) Diana Carpenter,..a.Eanw,+aawr) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg. 12 10831 SW Cascade Avenue Tigard, OR 97223-8039 Beaverton, OR 97006-5152 Beaverton, OR 97008 Tigard, OR 97223-4203 +IF INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:\patty\masters\Request For Comments Notification List.doc (UPDATED: 23-May-06) LAND USE PROPOSAL DESCRIPTION 11L_ 120 DAYS = 1/16/2007 l~ FILE NO.: VARIANCE (VAR) 2006-00079 FILE TITLE: BULL MOUNTAIN VIEW ESTATES ACCESS SPACING VARIANCE APPLICANT: West Hills Development OWNER: Andrew C. Loud & Constance J. Taylor 15500 Jay Street 12040 SW Bull Mountain Road Beaverton, OR 97006 Tigard, OR 97224 APPLICANT'S AKS Engineering REP.: Attn: Alex Hurley 13910 SW Galbraith Drive, Suite 100 Sherwood, OR 97140 REQUEST: The applicant is requesting approval for a Variance to the access spacing standard (18.750.030.H.3) to allow the minimum spacing of driveway and streets along SW Bull Mountain Road, a collector, to be reduced from the required 200-foot minimum to 115 feet. The subject variance is required by Condition of Approval #27 for the decision approving the Bull Mountain View Estates Subdivision (SUB2005-00019). LOCATION: 12040 SW Bull Mountain Road; South of SW Bull Mountain Road at SW 120`h Place.. WCI"M 2S110BC; Tax Lot 01400. ZONE: 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.510 and 18.705. EDECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV COMMENTS WERE SENT: SEPTEMBER 20, 2006 COMMENTS ARE DUE: OCTOBER 4, 2006 ❑ HEARINGS OFFICER (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ PLANNING COMMISSION (MON.) DATE OF HEARING: TIME: 7:00 PM ❑ CITY COUNCIL (TUES.) DATE OF HEARING: TIME: 7:30 PM ® STAFF DECISION (TENTATIVE) DATE OF DECISION: NOVEMBER 1, 2006 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION ® VICINITY MAP ❑ LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN ❑ ARCHITECTURAL PLAN ❑ IMPACT STUDY ® NARRATIVE ❑ GEOTECH REPORT ® OTHER: STAFF CONTACT: Gary Pagenstecher, Associate Planner (503) 639-4171 Ext. 2434 1W MEW September 18, 2006 CITY OF TIGARD OREGON Bruce Baldwin AKS Engineering 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 RE: Completeness Review for Bull Mountain View Estates Variance, Case File No:' VAR2006-000~SUB2005-00019) 7 Dear Mr. Baldwin: The City received your revised and supplemental application materials on September 14, 2006 for a variance to the access and egress standards required by Condition of Approval #27 of the Director's Decision for the Bull Mountain View Estates Subdivision (SUB2005- 00019). Your application is now complete. The review period for a Type II application is typically six to eight weeks. The 120-day clock for a final decision begins with the date of this letter. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 639-4171, extension 2434. Sincerely, Gary Pagenstecher Associate Planner 79 C: VAR 2006-00y Land Use File is\curpln\gary\variance\var2006-00076 (bull mountain view estates) \var2006-00076 complete Am 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 AKS ENGINEERING & FORESTRY, LLC LETTER OF TRANSMITTAL 13910 SW Galbreath Drive, Suite 100 ID = 1422 Sherwood, OR 97140 Offices Located In: Sherwood, OR www.aks-eng.com Vancouver, WA Phone: 503-925-8799 Fax: 503-925-8969 To:City of Tigard DATE: 9/14/2006 JOB NO.: 1283 Attn: Gary Pagenstecher RE: Bull Mountain View Estates - 12040 13125 SW Hall Blvd. SW Bull Mt. Road Tigard, OR 97223 Billing # 1283, 20525 From:Bruce Baldwin WE ARE SENDING YOU THE FOLLOWING: COPIES DATE NO. DESCRIPTION 1 9/1/2006 19 Adjustment Application - Submittal 2 1 9/14/2006 2 Incomplete Adjustment Application Response ® For Approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US Remarks: If you have any questions. please call. Copy To:File SIGNED: Carla Albertson for Bruce Baldwin Ver 1.0 - 4/2/2006 ENGINEERING PLANNING SURVEYING FORESTRY 13910 S.W. Galbreath Dr., Suite 100 Offices Located In: Sherwood, Oregon 97140 SHERWOOD, OREGON Phone: (503) 925-8799 VANCOUVER, WASHINGTON Fax: (503) 925-8969 ENGINEERING & FORESTRY www.aks-eng.com September 14, 2006 Gary Pagenstecher-Associate Planner City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Incomplete Adjustment Application Response Bull Mountain View Estates - Case File No. VAR2006-00076 (SUB2005-00019) Dear Mr. Pagenstecher, The following is in response to items bulleted in the Completeness Review letter, dated October 13, 2005. 1. The application narrative has been revised to address TDC 18.370.020C.5. 2. Five copies of the revised application are included with this re-submittal package. If you have any questions, please call' Sincerely, AKS Engineering and Forestry, LLC. Alexander H. Hurley, PE, PLS, Principal Attachments 09/15/2006 06:56 FAX T 5035981960 _ CITY OF TIGMW f~001__ September 13, 2006 Cj''~'Y OF TIGARD OREGON Atm: Alex Hurley West Hills Development 15500 Jay•Stieet Beaverton, OR 97006 Rl:: Completeness Review for Bull Mountain'View Estates Variance, Case File No: VAR2006-00076 (SUB2005-00019) Dean Ms. Hurley On August 30, 2006 the City received your application £vr`a.variaAce to the access and egress standards requited by Condition of Approval #27 of the Director's Decision for the Bull Mountain View Estates Subdivision (SUB2005-00019), Pursuant to TDC 18.370.020C.54 an adjustment to the access and egress standards of Chapter 18.705 is reviewed as a Type 'I1 procedure-The following information is required before. your application can be deemed complete: 1) Naustive. You submitted an application for an adjustment to'.' the access spacing standard is TDC 18.705.030.H.3. Adjustments to this section are addressed through ' TDC 18.370.020C.5• and not through TDC 18.370.0200:11 as shown on page-4 of your' narrative. Please revise your narrative to. address the correct adjustment standard. 2) Number of Application Copies. Please submit five (5) full sets of your revised collated application matetials (each set•shall be an exact duplicate of all information pertaining to the application, narrative, forms, letters, studies, plans, etc) In a do • one- set of '8.5x11 size plans is required for' our filing purposes. If vou•have any questions regarding this letter or your application, please-don't hesitate to contact me at 639-4171, extension 2434. Sincerely, Gary Pa nsrecher Associate Planner C: VAR 2006-00076 Land Use File i \cuxpln\g•i, cy\v aaanee\ear,OD6-00076 (bull mountadYn vkc )\%•u_006-00076 incompletc aoc 13125 5W Hall Blvd., Tigard, OR; 97223:(503) 639-4171' TDD (503) 684-2772 AMIk September 13, 2006 CITY OF TIGARD OREGON Attn: Alex Hurley West Hills Development 15500 Jay Street Beaverton, OR 97006 RE: Completeness Review for Bull Mountain View Estates Variance, Case File No: VAR2006-0007 (SUB2005-00019) Dear Mr. Hurley: On August 30, 2006 the City received your application for a variance to the access and egress standards required by Condition of Approval #27 of the Director's Decision for the Bull Mountain View Estates Subdivision (SUB2005-00019). Pursuant to TDC 18.370.020C.5.A, an adjustment to the access and egress standards of Chapter 18.705 is reviewed as a Type II procedure. The following information is required before your application can be deemed complete: 1) Narrative. You submitted an application for an adjustment to the access spacing standard in TDC 18.705.030.H.3. Adjustments to this section are addressed through TDC 18.370.020C.5 and not through TDC 18.370.020C.11 as shown on page 4 of your narrative. Please revise your narrative to address the correct adjustment standard. 2) Number of Application Copies Please submit five (5) full sets of your revised collated application materials (each set shall be an exact duplicate of all information pertaining to the application, narrative, forms, letters, studies, plans, etc.) In addition, one set of 8.5x11 size plans is required for our filing purposes. If you have any questions regarding this letter or your application, please don't hesitate to contact me at 639-4171, extension 2434. Sincerely, pav Gary Pagenstecher Associate Planner C: VAR 2006-00076 Land Use File is\curpln\gary\variance\var2006-00076 (bull mountatin view)\var2006-00076 incomplete doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 09/13/2006 06:57 FAX 5035981960 CITY OF TIGARD Q001 • as*aa*~a**aaa*aa*aa~~ a TX REPORT aaa aaaaa~aa~aa~aa~aas~aa~s TRANSMISSION OK TX/RX NO 3033 CONNECTION TEL 5039258969 SUBADDRESS CONNECTION ID ST. TIME 09/13 06:56 USAGE T 00'30 PGS. SENT 1 RESULT OK September 13, 2006 C', TY. OF TIGARD Attn: Alex Hurley OREGON West Hills Development 15500 JayStreet Beaverton, OR 97006 RE: Completeness Review for Bull Mounta'in' View Estates Variance, Case File No: VAR2006-00076 (SUB2005-00019) Dear Mr. Hurley On August 30, 2006the City received your application for a.varia:nce to the access and egress standards requited by Condition of Approval #27 of the Director's Decision for the Bull Mountain View Estates Subdivision (SUB2005-00019). Pursuant to TDC 18.370.020C.5.A, an adjustment to the access and egress standards of Chapter 18.705 is ,reviewed as a Type'll proceduxe..The foHowing infoMation is required before- 'our application cast be deemed complete: 1) NN,ative. You submitted an application for an adjustment to. the access spacing standard in TDC 18.705.030.H.3. Adjustments to this section.m addressed through TDC 18.370.020C.'5-and not through TDC 18370.020CA I as shown on page •4 of your' narrative. Please revise your narrative to.address the correct adjustment standard. 2) Number of App ' on Copies. Please submit five (5) full sets of your revised collated application nzatetWs (each set'shall be an exact duplicate of all information pertaining to the application, narrative, formsjetters, studies, plans, etc.) In a do one- set of 8.5x11 size plans is required for our filing purposes. If you- have any questions regarding this letter or your application, please' don't hesitate to contact me at 639-4171, extension 2434. '~.llla~n 1n • • ?.tClf' AKS ENGINEERING & FORESTRY, LLC LETTER OF TRANSMITTAL ID = 12'-t"v f'/. * 13910 SW Galbreath Drive, Suite 100 Offices Located ln: ' Sherwood, OR 97140 f'.N a.H2'R!ITe F.•NL11NY Sherwood, OR www.aks-eng.com Vancouver, WA Phone: 503-925-8799 Fax: 503-925-8969 To:City of Tigard DATE: 8/30/2006 JOB NO.: 1283 Attn: Gary Pagenstecher RE: Bull Mountain View Estates - 12040 13125 SW Hall Blvd. SW Bull Mt. Road Tigard, OR 97223 Billing # 1283, 20525 From:Bruce Baldwin WE ARE SENDING YOU THE FOLLOWING: COPIES DATE NO. DESCRIPTION 3 8/112006 -Adjustment Application 1 Original (2)copies 1 8/30/2006 1 Adjustment Application Fee AKS Check #1833 2 Complete sets of Mailing Envelopes-addressed and stamped. ® For Approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US Remarks: If you have any questions, please call. Copy To:File SIGNED: Carla Albertson for Bruce Baldwin Ver 1.0 - 412!2006 CITY OF TIGARD 8/30/2006 13125 SW Hall Blvd. 3:06:16PM Tigard, Oregon 97223 (503) 639-4171 Receipt 27200600000000004328 Date: 08/30/2006 Line Items: Case No Tran Code Description Revenue Account No Amount Paid VAR2006-00079 [LANDUS] Special Adjust 100-0000-438000 525.00 VAR2006-00079 [LRPF] LR Planning Surcharge 100-0000-438050 77.00 Line Item Total: $602.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check AKS ENGINEERING & KJP 1833 In Person 602.00 FORESTRY LLC Payment Total: $602.00 cRweiptrpt Page 1 of I BULL MOUNTAIN VIEW ESTATES ADJUSTMENT APPLICATION AKS JOB # 1283 DATE: SEPTEMBER, 2006 CLIENT: WEST HILLS DEVELOPMENT 15500 JAY STREET BEAVERTON, OR 97006 CONTACT: ALEXANDER HURLEY FIRM: AKS ENGINEERING & FORESTRY, LLC. ZENGINEERING & FORESTRY 13910 SW GALBREATH DRIVE, SUITE 100 SHERWOOD, OR 97140 PHONE: (503) 925-8799 FAX: (503) 925-8969 TABLE OF CONTENTS I COMPLETED APPLICATION FORMS WITH DEED II PROJECT NARRATIVE Introduction General Information Site Description Proposal Community Development Code Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments Chapter 18.390 DECISION MAKING PROCEDURES 18.390.040 Type II Procedure Chapter 18.705 ACCESS, EGRESS AND CIRCULATION 18.705.030 General Provisions Appendix A. Site Plan AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 • AMP ICA TION FORM PRE-W. HEID Ur 't t ~ OWN 1ivSSIV tK,OJ7+ RTJs ~f~G' IF crrY of TIGARD . i ;fit', ::i, : M ti:. , OREGON File Date B: ~ •.~eic~j'"f~#; :.Q~t~41~'";~cat<pn~~;~'m'`1e ~ ' TYPE OF PERMIT YOU ARE APPLYING FOR AdjustmenWariance (I or II) ❑ Minor Land Partition (II) ❑ Subdivision (I1 or III) ❑ Comprehensive Plan Amendment (IV) ❑ Minor Modification (1) ❑ Zone Change (111) ❑ Conditional Use (111) ❑ Planned Development (I11)' ❑ Zone Change Annexation (IV) ❑ Historic Overlay (11 or 111) ❑ Sensitive Lands Review (1, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Home Occupation (I or II) ❑ Site Development Review (II) ❑ Miscellaneous (1) - (Lot Line Adjustment/Temporary Use/Tree Removal/Director's Interpretation, etc.) f~ Tess , available) / ~07 v ,sue LL IqOc.iA.1-1,41 fJ OA-6 1 6rZ 9722_5~ 2- S~/o9~_ ol oo TU I AL 511 L bil-t 7-7, 2, 'IV APPLIcAN7 l,✓Esr / ~zs I~E1cLOP,~ _VT S~SS'oo ST7zc1" .vc2~v.~ o/~ 9 o& rt-IUNt NU. tAA NU. ~-b3 - 6V1- -7-3 ~(Z 7606 l 446Y M0L - S cvlf~ SD3- 9ZS= 8 °9 is , more an one C'- 6006 r CglfJS r4;tlC j~7 5, W ;-moo 42 0410 , 36-0 icy ollvz A.) . -zo ) 0/ 611.~2zv FAX NU. ~3 - .Sq - X533 5J_3 -598 - QS3> "When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY ease be specific) S L U;V S i r4N +b ST.Mt/-'T i 0.A-' 'C 't) O3 D_ 3 L Nr UM S N b (V 6' LON OCL ' 'nolt -to A6 12 Y45D 10 i7 it! PGr QJt~ ft2 via Zvv - APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. THE APPLICANT SHALL CERTIFY THAT: If the application is granted, the applicant shall exercise the rights. granted in. accordance with the terms and subject to all the conditions and limitations of the approval. o All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based. on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature b Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date 'THE APPLICANT SHALL CERTIFY THAT If the application is granted, the applicant shall exercise the rights. granted in accordance with the terms and subject to all the conditions and limitations of the approval. o All the. above statements and the statements in' the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based. on this application, map be revoked if it is found that any such statements are false. s The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date F Owner'.s Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature ~rt,l y1 S! y,vP'~ Date Appl t/Ajj~ URep esentative's Sig a ure Dat Applicant/AgentlRepresentative's Signature Date STATE OF OREGON 68 _ County of WaWncton 1, Jerry ~lE~ . ,A ~p r of Anaenn- Mont and, za n' an o County C1ork lot, tdL'pupl / 0' Tilly that thd with riglryi10ooelved UA~K-L t, dvd 'at maid and ro "110 oounty, A ° 1t'•' V GprfYakR}~1i axlarllon, Exr 6XX ~h{t lark Doc 98122268 Rect: 219749 41.00 10/30/1998 11:5o:15am r ffimm Form No. 723 - Satgain`~ 0" BARGIAM AND SALE DEED KNO}VAUMENBYTHESE MMTEN73, That Andrew C ~or,d an unrnguiQd I idividuall send' Constance J. T8Yl0r. -an immArr d individtUil t I herdnglter called grantor, jar the consldrrarlon hrrelnq(1er stated, dot hereby gram, bargain, tell and convry u/111L_ I t Andrew C. Loud and Constance J. Taylor. Hdoband and Wife h htrebu;fler called granter, and unto granirr's helm, successors and asslgru all of fleet cerialn real property with the M oV' tenemrnu, hereditament: and appurtenances thereunto belonging or In onywl:e appenalning, sltuated In the County of WASHINNCTON . , Slate of Oregon, described ns follows, lo•wil: , SEE ATTACHED LEGAL DESCRIPTION "he same unto the said gronur and grotuce s heirs, successors and assigns forever. The true and auual conslderwlon poid for this traiLrfer, stated in lernu of dollars, Is S A OHowever, the.actual consideration consists of or Includes other properly or value given or promised wench is (rhe tvholclport of the) coruiderallon (indicate which J. 0 (171r sentence between llte symbols (D , if not applicable slwuld be deleted. See ORS 93.030.) In coitstruing this deed and whirr the context so requires, the singular includes the plural and all grantmailml changes shall be implied to make tine provisions hereof opply equally to corporations and to individuals: In Witnem TMercof, the grantor has execulcd this innrument this day oC_ tivr , 19_-Sg_, if a corporate grantor, it has caused Its mmjre to be signed and seal aj/aed by It: officers, duly authorized litrrtro by order of Its board of direirors, YHIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY Andrew C. Loud DESCRIBED IN TItIC INGTRUMENT IN y1DLATIDN OF APPUCANLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE n TITLE TO THE PROPERTY SHOULD CHECK WITH THE I APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO o VEAIFY APPROVED USES AND TO DETERMINE ANY UMR6 ON Cnnetanca J. Ta r LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS Y DEFINED IN ORS 30.830. STATE OF 0 ~N F co-'Vyof y{ }ss. BE rr REMEMBERED, That on this 4 >e- day of ~ 19 before me, the 1F unudersigned, a Notary Public In and forsold County and State, perso ly appeared the within named Andrew C. Loud and Constance J. Taylor known to me to be the identical individual n described in and who executed ME within IAstrunneut and acknowledged to me that THRY executed the tame freely and voluntarily. IN TESTIMONY WNEREDT•, 1 have hereunto sei'my hand and affixed my official seal the day and year.lasr above written. OU CI SEAL D E QUl EN L Notary Public far Oregon. NOTARY P99LIC•OREGON ,y Canurli ex iris COMMISSION'N0.021?eq My P MY CBMMISSION EX"IRES 12040 STATE OF OREGON, TiEprd OR 9712/1 County of }33. Grantor's Nama and Addtans I cerlip that the within Insirunicru was Andrew Loud and n received for record on the 12040 SW But Hountaln Rpad day of 19~ , of Tiuard, OR 97224 Grantn'sName and Addraa o'clock _M., and recorded in Altar taooiding return to: Spnoe Rosarved book/rrellvolupu No, nil Andrew C. Loud and Cone nce T l r For page or as feelflie/lnstru- 12040 SW Bull io n Road Fterwtder'a Uaa ruenrhh1cro/11tn1recgati0tt No. Tigard, OR 97224 Record ofDeeds of mid county. Name. Addle ma,7lp Witness my hand and seal of Caunry Unlll a ohangs In tsqua►tad all tax alalamenu ahdl be wnl io the following addram sane as' above Name TWO Nama,Addroaa,~p IIy Deputy r r ; • EXHIBIT 'A' A part of Section irl, Township 2 South, Range 1 Wept, of the Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon, more patilcularly described as follows: Beginning at an Iron pipe on the South line, of the Nonhwesl quarter of said section, 98b.1 feet East of the . Soulhweat comer of said quarter section; thence North 847.63 foot to an Iron pipe in the cantor of the county road: thence North 86'35' Enai along the center of said road, 255.13 foot to an Iron plpo; Chance South BSZ76 feat to an Iron pipe on the South line of Bald Northwest quarter, thence West 254.68 feet to the place of beginning. EXCEPTING THEREFROM that portion doodad to William R. Robinson, at ux, by Deed recorded January 8, 1974 in Book 958,.page 951. INTRODUCTION General Information Applicant: West Hills Development 15500 Jay Street Beaverton, OR 97006 (503) 641-7342 Applicant's Representative: AKS Engineering & Forestry, LLC. 13910 SW Galbreath Drive, Suite 100 Sherwood, OR 97140 Phone: (503) 925-8799 Fax: (503) 925-8969 Contact: Alexander Hurley Property Owner: Andrew C. Loud & Constance J. Taylor 12040 SW Bull Mountain Road Tigard, OR 97224 (503) 598-0533 Property Addresses: 12040 SW Bull Mountain Road Tigard, OR 97224 Tax Lot Number: Tax Lot 1400 (Washington County Tax Map Number 2S-1-10BC) Lot Size: 2.44 Acres Current Zoning Designation: R-4.5 Low Density Single Family Residential District Pre-Application Meeting: February 24, 2005 Site Description The site is located to the south of SW Bull Mountain Road at the intersection of SW 1201n Place and SW Bull Mountain Road. The project site has moderate slopes less than 15%, sloping downward to the southeast. The site consists primarily of a grass field with scattered trees in the northern portion of the site. There is an existing home, one large wooden outbuilding, and one small shed located on the site. The home will remain, and the large wooden outbuilding and small shed will be removed. AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 1 A water main is currently located within the right-of-way of SW Bull Mountain Road, and a sanitary sewer stub. is located at the southeast corner of the property. An existing storm sewer main is located within the right-of-way of SW Viewcrest Court, to the southeast of this site. Proposal The applicant is requesting an adjustment relating to street and driveway spacing along a collector street (SW Bull Mountain Road). The applicant is proposing to construct SW 120`h Place (as shown in the submitted materials for the Bull Mountain View Estates subdivision proposal) as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. This street will be stubbed to the west to accommodate the future development of the adjacent property, and a future through connection to SW Winterview Drive. Please refer to the Bull Mountain View Estates (SUB 2005-00019) subdivision application materials, notice of decision, and conditions of approval for more information and "Basic Submittal Requirements". AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 2 COMMUNITY DEVELOPMENT CODE Chapter 18.370 VARIANCES AND ADJUSTMENTS 18.370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special variances: 1. "Development adjustments" which allow modest variation from required development standards within prescribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special adjustments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18.370.010C. C. Special adjustments. 5. Adjustment to access and egress standards (Chapter 18.705). a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code standards within a particular parcel, access with an adjoining property shall be considered. If access in conjunction with another parcel cannot reasonably be achieved, the Director may grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below. b. The Director may approve, approve with conditions, or deny a request for an adjustment from the access requirements contained in Chapter 18.705, based on the following criteria: (1) It is not possible to share access; (2) There are no other alternative access points on the street in question or from another street; AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 3 (3) The access separation requirements cannot be met; (4) The request is the minimum adjustment required to . provide adequate access; (5) The approved access or access approved with conditions will result in a safe access; and (6) The visual clearance requirements of Chapter 18.795 will be met. Comment: The applicant is seeking a special adjustment to section 18.705.030.H.3, which requires a 200-foot minimum spacing of driveways and streets along a collector. The Bull Mountain View Estates subdivision project is proposing to construct SW 120`h Place as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. The existing home, topographic constraints, and the existing development pattern of the adjacent subdivision (Aspen Ridge) limit the possible street locations for this property. The proposed intersection of SW 1201h Place and SW Bull Mountain Road aligns with the existing intersection of SW 120th Place and SW Bull Mountain Road (to the north). There is adequate sight distance at this proposed intersection location and there are no existing streets located within 200 feet; however, there are three existing driveways (which serve individual single family homes) located approximately 115 feet west (north and south side of SW Bull Mountain Road) and 150 feet east (north side of SW Bull Mountain Road) of the proposed intersection. Due to the limited frontage of the subject property, and numerous individual driveways adjacent to SW Bull Mountain Road, it is not possible to provide access to this property and meet the 200-foot spacing requirement. The proposed intersection location provides the maximum possible distance from all existing driveways while directly aligning with the only street intersection in the vicinity. A traffic study and access report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application proposal. This report concludes that the proposed intersection of SW 120`h Place and SW Bull Mountain Road is expected to operate safely. Additionally, it should be noted that the individual single family driveways accessing SW Bull Mountain Road adjacent to the project site will eventually be removed when these properties develop in the future. This adjustment is required to allow the minimum spacing of driveways and streets along a collector to be reduced to less than the 200-foot minimum length required under section 18.705.030.H.3. Strict application of this standard will result in an unacceptably adverse impact on the approved Bull Mountain View Estates subdivision by making it impossible to develop this property. There are no adverse impacts to the public. AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 4 Chapter 18.390 DECISION MAKING PROCEDURES 18.390.040 Type II Procedure A. Preapplication conference.' A preapplication conference is required for Type II actions. Preapplication conference requirements and procedures are set forth in 18.390.080C. B. Application Requirements. 1. Application Forms. Type II applications shall be made on forms provided by the Director as provided by Section 18.390.080 E1; 2. Submittal Information. The application shall: a. Include the information requested on the application form; b. Address the relevant criteria in sufficient detail for review and action; c. Be accompanied by the required fee; d. Include two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C. The records of the Washington County Department of Assessment and Taxation are the official records for determining ownership. The applicant shall demonstrate that the most current assessment records have been used to produce the notice list; e. Include an impact study. The impact study shall quantify the effect of development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards 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 the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 5 not roughly proportional to the projected impacts of the development. Comment: A pre-application conference for the Bull Mountain View Estates subdivision proposal was held on February 24, 2005.. The Type II application form for the adjustment, along with the proposal and narrative, has been included with this application. Additional submittal requirements for this application were submitted with the Bull Mountain View Estates subdivision application, and are currently on file at the City (Case File No. SUB 2005-00019). Also included with this application are the necessary fees and envelopes. Chapter 18.705 ACCESS, EGRESS, AND CIRCULATION 18.705.030 General Provisions D. 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. Comment: SW 120th Place is accessible from SW Bull Mountain Road, currently a public right-of-way; therefore, the requirements of this section have been met. G. Inadequate or hazardous access. 1. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c. Would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare. Comment: A Transportation Impact Study and Access Report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application (SUB 2005-00019). No hazardous conditions were identified; therefore, this section does not apply. H. Access Management 1. An access report shall be submitted with all new development proposals which verifies design of driveways AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 6 and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards set by ODOT, Washington County, the City and AASHTO (depending on jurisdiction of facility). Comment: A Transportation Impact Study and Access Report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application (SUB 2005-00019). 3. The minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. Comment: As discussed in section 18.370.020, the applicant is requesting an adjustment to this standard. The Bull Mountain View Estates subdivision project is proposing to construct SW 120th Place as a three-fourths width public street along the western boundary of the project site. It forms an intersection with SW Bull Mountain Road and extends south into the northern portion of the property. The existing home, topographic constraints, and the existing development pattern of the adjacent subdivision (Aspen Ridge) limit the possible street locations for this property. The proposed intersection of SW 1201h Place and SW Bull Mountain Road aligns with the existing intersection of SW 1201h Place and SW Bull Mountain Road (to the north). There is adequate sight distance at this proposed intersection location and there are ,no existing streets located within 200 feet; however, there are three existing driveways (which serve individual single family homes) located approximately 115 feet west and 150 feet east of the proposed intersection. Due to the limited frontage of the subject property, and numerous individual driveways adjacent to SW Bull Mountain Road, it is not possible to provide access to this property and meet the 200-foot spacing requirement. The proposed intersection location provides the maximum possible distance from all existing driveways while directly aligning with the only street intersection in the vicinity. A traffic study and access report was prepared by Lancaster Engineering, and is included with the submitted materials for the Bull Mountain View Estates subdivision application proposal. This report concludes that the proposed intersection of SW 120th Place and SW Bull Mountain Road is expected to operate safely. Additionally, it should be noted that the individual single family driveways accessing SW Bull Mountain Road adjacent to the project site will eventually be removed when these properties develop in the future. AKS Engineering & Forestry, LLC. Bull Mountain View Estates Adjustment Application, September 2006 7 I \ li TAX LOT 4100 j W AP 2S I IOBD TAX LOT 4200 I I I UYWP 2S 110® TAX LOT 5300 TAX LOT 1800 1 I i 1 - i I6SWP 2S I IOW i umw 75 1.1019: . I I I ! I I - I I i I i I i- I - 1 1 ; I 10 I'I I I ~jLL-' SI,f eE F~ T ..~I y I I I 3 I I XL b,zt ~L✓~ -~I I I 2 TAXLOTI 1700 I I 9 Qi I W 0 I r L I I i I Z co I I Q ?i I Q I ,~I T7b7WG AYE 0 co J ! 4 5 (L I ! I mli cc I Q I 3 ~ IL I I~ I co ; \ P001 I W I I , iL ! SW 120TH PLACE SW 120TH PLACE 1 - - - \ Q MvATE s1F1ffT - I I I i En I FUTURE DEVELOPMENT I 1 ~ I I I I I 1 I TAX LOT 1300 I I j l I 1AXWP 2S 1 IOC I I ! I I I ~fN~_C rA rt,Y l ! I ! I ~'i I -f I j I 'S I i I _ ra 1d ~1_ ~ I I I SCALE ao FEET I ~ I I I~ i I ' I ~ I 1 i I I I ~ ~ ' . I 1 I i 1 I I 9-2 S-G(a ! I 1 ~ DATE EMSIONS: 1R"WC ~ P"" SrT` PLAN BULL MOUNTAIN JOB NUMBER ENGINEERING PLANNING •AIRYEYMG FORESTRY mA%w Bq9 u NOTE6 ci5c °I"rry UCDW 61 OR WA 6. AR ocon 9r. AHH S6559PE .1283 SITE PLAN 13910 SW GALBREATH DAYF' SUTE 100 PREPARED FOR. c65Tais XW101"on VIEW ESTATES SHEET HERWT)00, OR 97140 155OOt4T STRUT "p 11~ 19~1[09L rre[s9n PHONE JSmJ 975-6799 FAX. (SN) 925-6969 PH0YR4A OR 977 11GARD OREGON qm OF 1 WA51WlCTW COUNTY TAX MAP NO1IOLR 75-1-1090 ednu alo a/w/m FAk 563-641-)651 TAY LOT 1400