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CUP1995-00007
CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER q BY THE HEARINGS OFFICER f Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0007/MINOR LAND PARTITON (MLP) 5-0017 Case Name(s): SCHUMACHER/ASH Name of Owner: Dean Schumacher Name of Applicant: Jolynne Ash Address of Applicant: 13032 Maple Leaf City: Aurora State: Oregon Zip: 97002 Address of Property: 13800 SW 110th Avenue City: i a State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S1 03DD. Tax Lot 01300 Re ues : ➢ A request for Minor Land Partition approval to partition one (1) parcel of approximately 21,730 square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. Zone: Low Density Residential 4.5 units per acre (R-4.5). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. Action: ➢ ❑ Approval as requested 9 Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: O Owners of record within the required distance O Affected governmental agencies 9 The affected Citizen Involvement Team Facilitator 0 The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON MARCH 13, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MARCH 13, 1996. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) 639-4171. CUP 95.0007IMLP 95-0017 SCHUMACHERIASH DUPLEX NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER [COVER SHEET) • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Dean Schumacher and ) FINAL ORDER Jolynne Ash for a minor partition and a conditional ) MLP 95-0017 use permit for a duplex at 13800 SW 110th Avenue ) CUP 95-0007 in the City of Tigard, Oregon ) (Schumacher/Ash) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone. The applicant also proposes a minor land partition to create two lots. One of the lots will be used for the proposed duplex; the other lot is developed with a single family detached dwelling. At the hearing in this matter on January 29, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions, except a recommended condition requiring street improvements. No one objected to granting the applications. LOCATION: 13800 SW 110th Avenue; WCTM 2S1 3DD, tax lot 1300 APPLICANT: Joynne Ash PROPERTY OWNER: Dean Schumacher APPLICABLE LAW: Community Development Code Sections 18.50.040(6), 18.50.050(A), 18.88.040(C), 18.106.030(A), 18.108.060, 18.108.070, 18.130.040, 18.130.150(C)(10), 18.162.040, 18.162.050(C), and 18.164 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 189 feet wide (east-west) and 109 to 123 feet deep (north-south), and contains 21,730 square feet (0.50 acres), including right of way vacated by the City Council on December 10, 1991. B. Site location : The site is the southeast quadrant of the intersection of SW 110th Avenue and Garden Park Place. C. Existing uses and structures There is a single family detached dwellina situated 24 feet from the east edge of the site, 50 feet from the south edge, 34 feet from the north edge and 78 feet from the west edge. Access to the dwelling is by means of a 20-foot paved drive that extends west to 110th Avenue along the south edge of the site. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page I • 0 D. Proposed uses and structures The applicant proposes to divide the site into two lots. One lot would be about 95 feet wide (east-west) and 123 feet deep (north-south). It would contain about 11,728 square feet and an existing single family dwelling. The second lots would be about 81 feet wide (east-west) and 124 feet deep (north-south). It would contain about 10,002 square feet and the proposed duplex. Access is proposed to 110th Avenue by means of one driveway for the duplex and one driveway for the existing single family dwelling. E. Existing and proposed vegetation : The site contains mature conifer and deciduous trees and shrubs. A line of cedar trees, holly and laurel bush screen the proposed duplex lot from the adjoining property to the south. The applicant will remove trees along the frontage to accommodate street improvements. F. Topography and drainage : The site slopes to the southwest, with more steep slopes along the Garden Park Place frontage. Storm water from the site will be directed to a storm sewer line in SW 110th Avenue. The applicant does not propose to provide on-site storm water quality enhancement features. G. Plan designation and toning The site and land to the north and east are designated and zoned R-4.5 (Residential, 4.5 units per acre). Land to the south is designated and zoned R-7 (Residential, 7 units per acre). Land to the west is designated and zoned R-3.5 (Residential, 3.5 units per acre). H. Public services and utilities : The existing dwelling is and will continue to be served by public sanitary sewer and water systems. The applicant plans to connect the proposed duplex to public sanitary sewer and water systems. L Streets and access : The site has about 175 feet of frontage along the south side of SW Garden Park Place and about 123 feet of frontage along SW 110th Avenue. SW Garden Park Place is a loop road that was developed as part of the Gaarde Place and Karen Park subdivisions. It is classified as a local street. Except along the frontage of the subject site, the street is dedicated and improved to City standards, although a sidewalk was not built or required along the inside of the street. SW 110th Avenue is a minor collector street. It has a 20-foot half-width right of way and a 16-foot paved section without curb or sidewalk adjoining the site. J. Surrounding land uses Within 300 feet of the subject site, there are 10 one- and two-story single family detached and 13 duplex dwellings. West and southwest of the site, across 110th Avenue, is the First Baptist Church and its annex and parking lot. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 2 III. APPLICABLE APPROVAL STANDARDS A. Title 18 (Community Development Code). 1. Section 18.50.040 lists Duplex as a conditional use in the R-4.5 zoning district. Sections 18.50.50(A)(3) and (4) contain the following dimensional standards for the R- 4.5 zone: Minimum lot size ........................7500 sq. ft. Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Maximum building height 30 feet 2. Section 18.88.040(C) contains solar access standards for new development. A lot complies with this section if it has a north-south dimension of 90 feet or more, and has a front lot line that is oriented within 30 degrees of a true east-west axis. 3. Section 18.106.030(A) requires at least 2 parking spaces per detached or attached dwelling unit, at least one of which must be covered. 4. Section 18.108.060 provides that direct vehicular access to collector or arterial streets from single family dwellings and duplex lots shall be discouraged. Section 18.108.070 requires a minimum 10-foot wide drive for a single family dwelling or for a duplex with separate drives for each unit and a minimum 20-foot wide drive for a duplex with a shared driveway. Section 18.108.100 provides the Director may restrict the location of driveways to eliminate turning movement problems. 5. Section 18.130.040 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required public facilities have adequate capacity to serve the proposal. d. The applicable requirements of the zoning district are met except as modified by this chapter. e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Site Development Review), if applicable, are met. f. The use will comply with the applicable policies of the Comprehensive Plan. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 3 • • 6. Section 18.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet. 7. Section 18.162.040 contains standards for minor land partitions. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and applicable statutes, ordinances and regulations, including size and dimensional requirements; b. Adequate public facilities must be available to serve the site; and c. All proposed improvements must comply with City and applicable agency standards. 8. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a local street to be improved with a minimum 34-foot paved section between curbs and sidewalks in a 50-foot right of way and a minor collector street to be improved with a minimum 40-foot paved section between curbs and sidewalks in a minimum 60-foot right of way. An exception to the sidewalk requirement can be granted in an established area where the public benefit does not warrant the private adverse impact of providing the sidewalk. c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. Policy 2. 1.1 requires that adjoining property owners, the local NPO and the general public have notice and an opportunity to comment on proposed development. C. Resolution and Order 91-47. Resolution and Order 91-47 requires all new developments that add additional impervious surface to include a water quality treatment facility. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on January 29, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. Hearings Oj7cer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 4 B. Testimony. 1. Mark Roberts testified for the City and summarized the staff report. He recommended deletion of condition 5.1), because it does not relate to the application in question. 2. Jolynne Ash testified on her own behalf. She corrected the statement on page 10 of the City Staff Report regarding sanitary sewer, noting that the City Engineer has decided to have a private sewer extension serve the site. She objected to recommended condition of approval 1, which requires the applicant to improve the frontage of Garden Prk Place with standard half-width improvements. Mr. Roberts agreed a sidewalk should not be required, because there is not a sidewalk on the remainder of that street. But he testified other street improvements should be required conistent with the Code. 3. The hearings officer held open the record for 21 calendar days to enable the applicant to discuss the disputed condition of approval with City staff. C. Agency Comments. The Hearings Officer incorporates by reference the agency comments at pages 10-11 of the City Staff Report except as corrected by Ms. Ash at the hearing. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Community Development Code). 1. The proposed lots and conditional use comply with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R-4.5 zone, and the lots and structure comply with the dimensional requirements of the zone. 2. The proposed lots comply with Section 18.88.040(C), because both lots have a front lot line oriented within 30° of a true east-west line and a north-south lot dimension of at least 90 feet. 3. The proposed use complies with Section 18.106.030(A), because each dwelling will have at least 2 parking spaces, at least one of which is covered. 4. The proposed use can comply with Section 18.108.060 although it has access to 110th Avenue, because the site already has access to that street. The proposed driveway widths comply with Section 18.108.070, because each dwelling will have a separate driveway at least 10 feet wide. 5. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving most existing mature vegetation. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated in an area characterized by duplex dwellings, it preserves an existing structure that minimizes the impact of building height, and it does not contains significant physical hazards or natural features that would be adversely affected by development. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 5 • • c. Public sewer and water are available to and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone are fulfilled as noted above. e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front, rear, and street side yards are at least 20 feet and the interior side yard is at least 5 feet. g. Building height does not exceed 30 feet. h. The duplex site contains at least 10,000 square feet. 6. The proposed minor land partition complies with Section 18.162.040, because the proposed lots comply with the City's comprehensive plan and applicable ordinances as provided elsewhere herein, adequate public facilities are available to serve the lots, and all proposed public improvements will comply with applicable City standard except as otherwise provided herein. 7. The proposed partition and conditional use comply with Chapter 18.164, because: a. The applicant will dedicate and improve roads adjoining the site to City standards. An exception to the sidewalk requirements along SW Garden Park Place is warranted, because the sidewalk does not exist on the remainder of the frontage. Consistent with the recommendation of Greg Berry dated February 8, 1996, a further modification to street standards is warranted to reduce the required half- width of Garden Park Place from 34 feet to 24 feet across the site frontage transitioning at a ratio of not more than 1 foot per 10 feet of frontage. Deferral of the frontage improvements is not warranted, based on the reasons in Mr. Berry's February 8 memo. Ms. Ash accepted this modification by letter dated February 15. b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of frontage on a street. c. All lots will be served by public water, sanitary sewer and storm drainage systems. Conditions are warranted requiring granting of easements for utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. B. Compliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. C. Compliance with Resolution and Order 91-47. The proposed use can comply with Resolution and Order 91-47 by providing on-site surface water quality features or alternatives permitted by law. Hearings OTicer Final Order b1LP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 6 0 VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed partition and conditional use. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed partition and conditional use will not be significantly detrimental nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-07 and MLP 95-17 (Schumacher/Ash), subject to the conditions recommended in the City Staff Report with the following modifications: 1. Condition of approval No. 1 is hereby amended to read as follows: Standard curbs and asphalt concrete pavement with a total width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1 shall be installed. The transition between the two widths shall occur at a rate of not more than 1 foot per 10 feet of frontage such that the width shall be 28 feet at the property line between the two parcels. No parking shall be permitted along the frontage of wither parcel. STAFF CONTACT: John Hagman, Engineering Dept. (639-4171). 2. Condition of approval 5.1) is hereby deleted. D TED is 26th day o' eb ary, 1996. Larry Epstein, , Tig' Hearings Officer Hearings OJ7cer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 7 • • Agenda Item: 2.1 Hearing Date: January 29,1996 Time: 7:00 PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASES: FILE NAME: ASH/SCHUMACHER DUPLEX Conditional Use Permit CUP 95-0007 Minor Land Partition MLP 95-0017 PROPOSAL: The applicant requests Minor Land Partition approval to partition one (1) parcel of approximately 21,730 square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. APPLICANT: Jolynne Ash 13032 Maple Leaf Aurora, OR 97002 OWNER: Dean Shumacher 13800 SW 110th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R-4.5). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 1 ONDITIONS OF APPROVAL In recognition of the findings staff recommends that the Hearings Officer approve Conditional Use Permit CUP 95-0007 and Minor Land Partition MLP 95-0017 subject to the following requirements: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. Applicant shall provide confirmation that the frontage along SW 110th has been dedicated to a width of 30 feet from centerline. STAFF CONTACT: John Hagman, Engineering Department. 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department. 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 2 D. The Partitioat shall include a note prohibiting At vehicular access to SW Hall Boulevard from Lot 3. 6. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. STAFF CONTACT: Development Services Technicians. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 7. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: John Hadley, Engineering Department. 8. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division. 9. The applicant shall submit revised site and landscaping plans or obtain approval of the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall provide an arborist report where existing trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 3 2. SECTION 18.16 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification on a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 4 II. FINDINGS ABOAITE AND SURROUNDINGS • Background Information: A street vacation request was approved by the City Council in 1990 for a portion of the property frontage on SW Garden Park Place. In 1991 the Hearings Officer approved CUP 91-0010 and MLP 91-0014 for this site for the same type of development as is proposed. This application expired after 18 months when no development activity took place. No other land use applications have been filed for this site since that time. Site size and shape: The site is approximately .49 acres in total size with dimensions of approximately 109 feet along SW 110th Avenue and 175 feet along SW Garden Park Place. Existing uses and structures: The site is presently developed with a duplex located towards the easterly property line with access to SW 110th Avenue. The remainder of the parcel is presently undeveloped. Surrounding land uses: The subject property is surrounded to the north and east by properties which are zoned R-4.5 (on the north and east sides). The adjoining areas are developed with a mixture of duplex residences and detached single family residences along the west side of SW 110th Avenue. Ill. APPLICABLE APPROVAL STANDARDS Community Development Code: Section 18.50 (R-4.5 Development Standards) allows a duplex subject to approval of a Conditional Use Permit. The Development Code defines a duplex as two attached single family dwelling units. The development standards set forth for residential development in Section 18.50 are partially superseded by the Conditional Use Permit standards set forth in Section 18.130 which are reviewed elsewhere. A maximum height of 35 feet is permitted for habitable structures. The applicant has not provided building elevations for the duplex however the building height will be reviewed for compliance with the maximum height standard prior to the issuance of Building Permits. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. This section does not require specific land use buffers between a duplex and a detached single-family dwelling, therefore, this section is found to be inapplicable. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 5 Section 18.102 (Visuo6learance) requires that a viral clearance area be maintained along the intersections of all public and private right-of-ways. The proposed site improvements will be reviewed for these requirements prior to the issuance of Building Permits. Section 18.106 (Parking) specifies a parking ratio of two off-street parking spaces for each dwelling unit. The site can be developed in accordance with this requirement. The site will be reviewed for compliance with these requirements prior to the issuance of Building Permits. Section 18.108.080 (Access) requires that a minimum of a 15 foot driveway with 10 feet of pavement required where up to two lots are being served. The existing driveway appears to be less than 10 feet in width. The applicant has proposed to share the existing common driveway onto SW 110th Avenue for both the existing and the proposed duplex. The existing driveway width will be reviewed prior to the issuance of Building Permits and where necessary, will be required to be widened prior to issuance of Certificate of Occupancy. Section 18.130.040 (Conditional Use Permits) contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are met. 6. The use will comply with the applicable policies of the comprehensive plan. The site complies with the dimensional criteria for development of a duplex as is reviewed in detail in this report. On three sides, the surrounding residential properties are developed with duplex structures of varying architectural themes. Although no building elevations were provided the applicant can use one of several architectural plans and be compatible with the adjoining neighborhood. Public facilities are available or can be made available to serve this addition. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 6 0 • Section 18.130.150 (C)(15) provides development standards for the development of a duplex. Sections (a-c) require that a minimum of 10,000 square feet be provided for a duplex, that the structure comply with the Solar Accessibility Standards of Section 18.88 and that the duplex comply with the underlying dimensional requirements of the zoning district. The parcel size as proposed complies with the 10,000 square foot requirement. Because the lot exceeds a minimum dimension of 90 feet within 30 degrees of a north-south direction, the parcel meets the Basic Standard and complies with Solar Accessibility regulations. Prior to issuance of Building Permits, the future structure on the site will be required to comply with the Solar Balance Point criteria of the Solar Accessibility requirements. The criteria contained within Section 18.114 (Signage) and 18.120 (Site, Development Review) are addressed elsewhere within this report, or are deemed to be inapplicable because this development is not a commercial or multiple-family residential project. The Comprehensive Plan presently designates this site Low Density Residential for 1-5 dwelling units per acre. The density proposed by this development is consistent with development standards of the R-4.5 Zoning District which implements the density range provided in the Comprehensive Plan. The Development Code's development regulations implement the policies of the Comprehensive Plan. The applicable standards are reviewed in detail within this report Tree Removal: Section 18.150.025) requires an arborist report for Conditional Use Permit applications where trees in excess of 12 inches in diameter measured four feet above the ground level are proposed to be removed. The applicant did not provide this report but had stated that trees are to be removed as necessary to develop the proposed duplex and related site improvements. Based on the limited number of trees which exist on the portion of the site to be developed with the new duplex it is not clear that any trees need to be removed to construct the proposed site improvements. The applicant shall provide an arborist report where trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. Minor Land Partition Section 18.162.040 contains the following general approval criteria for review of a Minor Land Partition: The proposal conforms with the City's Comprehensive Plan; The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public facilities are available to serve the proposal; All proposed lots conform to the size and dimensional requirements of this title; and HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 7 l All proposed improve& meet city and applicable agen*tandards (Ord. 89-06; Ord. 83-52). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R-4.5 Zoning District. The parcels as proposed would allow the development of two residential dwelling units for the lot to be created. The existing duplex on the property will also continue to comply with the development standards of the R-4.5 Zoning District in terms of the minimum lot size and setbacks requirements. ' The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .49 acre R-4.5 property. Upon completion of the appeal period the development will have complied with the preliminary statutory development review requirements. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) are reviewed within the Engineering Departments comments contained elsewhere within this report. The new parcels do not exceed a two and one half, to one, length to depth ratio. The parcels would both average in excess of 90 feet width as required to develop a duplex. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R-4.5 Zoning District. All proposed improvements will comply with City and applicable agency standards prior to the issuance of Building Permits. Both parcels comply with the Basic Solar Access requirements because the north-south lot dimension exceeds 90 feet in length. The development or redevelopment of structures on both parcels will also be required to comply with Solar Balance Point Standards of the Solar Accessibility standards. Section 18.162.050 contains the following provisions for lots created through the partition process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Setbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination on flag lots: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 8 • • Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where, the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The parcels will exceed the area requirement of 10,000 square feet set forth within the R- 4.5 Zoning District for sites to be developed with a duplex. Each newly created parcel would have in excess of 90 feet in average width. Standards for setbacks, landscaping, and clear vision requirements, will be reviewed prior to the issuance of Building Permits. The proposed lots will each have in excess of 15 feet of frontage on the existing public streets. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Prior to the issuance of Building Permits fire hydrants shall be consistent with Uniform Fire Code standards. A reciprocal access maintenance agreement is required to maintain the proposed joint access easement which is proposed to serve both the existing duplex and the proposed duplex. Both properties have direct frontage on a public street. The property is not located within the 100-year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 9 Section 18.164.030(E) requires a Minor Collector Street to have a minimum of 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. Section 18.164.070(A) requires sidewalks adjoining both sides of a Minor Collector Streets and Local Streets. Section 18.164.090 requires sanitary sewer service. ` Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The streets and utility requirements for this development have been reviewed by the Engineering Department below. IV. OTHER STAFF COMMENTS Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right-of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right-of-way and half street improvements. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. Storm Sewer: The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 10 V. AGENCY COMM&S 0 The Tualatin Valley Fire District reviewed this application and provided the following comments: Hydrants shall be placed so that all portions of the exterior walls of buildings (500 feet for commercially sprinklered buildings). Location of hydrants and supply piping to said hydrants for water supply, shall be approved by this office. There must be a hydrant within 500 feet of all portions of the structure. No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use Permit and Minor Land Partition requests will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. Prepared By: Mark Roberts Date Associate Planner HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 11 q W J • CQ t~~ l 22.- i V\ ~`Ey en park place SW Gard ~~•9 1 16. a f a'~~ ~ Q 1 b9•90 gd.7 ~ d Hal Ll o 1 v Xr b ` 54~~ - place ~r y~' SW Garden Park ~ ASE NO. Cup 95 p00T P r A ~ MLp g5„pp17 P 1-fl~ 1.. f"~ P ~ IT m A EXI-'IIB i ~ ST S1 A VEN CO C. GARnF:N PARK PL SITE--- C CCU C~ ~o U Vicinity Ntp CLIP 95-0007/NLP 95-0017 Note: Map is not to scale N ASH DUPLEX £XHIB11 A CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER C* BY THE HEARINGS OFFICER Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0007/MINOR LAND PARTITON (MLP) 95-0017 Case Name(s): SCHUMACHER/ASH Name of Owner: Dean Schumacher Name of Applicant: Jolynne Ash Address of Applicant: 13032 Maple Leaf City: Aurora State: Oregon Zip: 97002 Address of Property: 13800 SW 110th Avenue City: Ti r State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S1 03DD. Tax Lot 01300 Request: ➢ A request for Minor Land Partition approval to partition one (1) parcel of approximately 21,730. square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. Zone: Low Density Residential 4.5 units per acre (R-4.5). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. Action: ➢ ❑ Approval as requested 0 Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 0 Owners of record within the required distance Z Affected governmental agencies 0 The affected Citizen Involvement Team Facilitator O The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON MARCH 13, 1996 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MARCH 13, 1996. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) 639-4171. CUP 95-0007/MLP 95-0017 SCHUMACHER/ASH DUPLEX NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER (COVER SHEETI • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Dean Schumacher and ) FINAL ORDER Jolynne Ash for a minor partition and a conditional ) MLP 95-0017 use permit for a duplex at 13800 SW 110th Avenue ) CUP 95-0007 in the City of Tigard, Oregon ) (Schumacher/Ash) I. SUMMARY OF THE REQUEST The applicant requests approval of a conditional use permit for a duplex in the R-4.5 zone. The applicant also proposes a minor land partition to create two lots. One of the lots will be used for the proposed duplex; the other lot is developed with a single family detached dwelling. At the hearing in this matter on January 29, 1996, City staff recommended conditional approval. The applicant accepted the recommended conditions, except a recommended condition requiring street improvements. No one objected to granting the applications. LOCATION: 13800 SW 110th Avenue; WCTM 2S I 3DD, tax lot 1300 APPLICANT: Joynne Ash PROPERTY OWNER: Dean Schumacher APPLICABLE LAW: Community Development Code Sections 18.50.040(6), 18.50.050(A), 18.88.040(C), 18.106.030(A), 18.108.060, 18.108.070, 18.130.040, 18.130.150(C)(10), 18.162.040, 18.162.050(C), and 18.164 STAFF RECOMMENDATION: Conditionally approve HEARINGS OFFICER DECISION: Conditionally approved II. FINDINGS ABOUT SITE AND SURROUNDINGS A. Site size and shape : The site is roughly 189 feet wide (east-west) and 109 to 123 feet deep (north-south), and contains 21,730 square feet (0.50 acres), including right of way vacated by the City Council on December 10, 1991. B. Site location : The site is the southeast quadrant of the intersection of SW 110th Avenue and Garden Park Place. C. Existing uses and structures There is a single family detached dwelling situated 24 feet from the east edge of the site, 50 feet from the south edge, 34 feet from the north edge and 78 feet from the west edge. Access to the dwelling is by means of a 20-foot paved drive that extends west to 110th Avenue along the south edge of the site. Hearings OgcerFinal Order MLP 95-00171CUP 95-0007 (Schumacher/Ash) Page 1 • • D. Proposed uses and structures : The applicant proposes to divide the site into two lots. One lot would be about 95 feet wide (east-west) and 123 feet deep (north-south). It would contain about 11,728 square feet and an existing single family dwelling. The second lots would be about 81 feet wide (east-west) and 124 feet deep (north-south). It would contain about 10,002 square feet and the proposed duplex. Access is proposed to 110th Avenue by means of one driveway for the duplex and one driveway for the existing single family dwelling. E. Existing and proposed vegetation : The site contains mature conifer and deciduous trees and shrubs. A line of cedar trees, holly and laurel bush screen the proposed duplex lot from the adjoining property to the south. The applicant will remove trees along the frontage to accommodate street improvements. F. Topographv and drainage : The site slopes to the southwest, with more steep slopes along the Garden Park Place frontage. Storm water from the site will be directed to a storm sewer line in SW 110th Avenue. The applicant does not propose to provide on-site storm water quality enhancement features. G. Plan designation and zoning : The site and land to the north and east are designated and zoned R-4.5 (Residential, 4.5 units per acre). Land to the south is designated and zoned R-7 (Residential, 7 units per acre). Land to the west is designated and zoned R-3.5 (Residential, 3.5 units per acre). H. Public services and utilities : The existing dwelling is and will continue to be served by public sanitary sewer and water systems. The applicant plans to connect the proposed duplex to public sanitary sewer and water systems. L Streets and access : The site has about 175 feet of frontage along the south side of SW Garden Park Place and about 123 feet of frontage along SW 110th Avenue. SW Garden Park Place is a loop road that was developed as part of the Gaarde Place and Karen Park subdivisions. It is classified as a local street. Except along the frontage of the subject site, the street is dedicated and improved to City standards, although a sidewalk was not built or required along the inside of the street. SW 110th Avenue is a minor collector street. It has a 20-foot half-width right of way and a 16-foot paved section without curb or sidewalk adjoining the site. J. Surrounding land uses : Within 300 feet of the subject site, there are 10 one- and two-story single family detached and 13 duplex dwellings. West and southwest of the site, across 110th Avenue, is the First Baptist Church and its annex and parking lot. Hearings Oycer Final Order ,l1LP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 2 • 0 III. APPLICABLE APPROVAL STANDARDS A. Title 18 (Community Development Code). 1. Section 18.50.040 lists Duplex as a-conditional use in the R-4.5 zoning district. Sections 18.50.50(A)(3) and (4) contain the following dimensional standards for the R- 4.5 zone: Minimum lot size ........................7500 sq. ft. Average minimum lot width 50 feet Front setback 20 feet Interior side setback 5 feet Street side setback 15 feet/20 feet for a garage Rear setback 15 feet Maximum building height 30 feet 2. Section 18.88.040(C) contains solar access standards for new development. A lot complies with this section if it has a north-south dimension of 90 feet or more, and has a front lot line that is oriented within 30 degrees of a true east-west axis. 3. Section 18.106.030(A) requires at least 2 parking spaces per detached or attached dwelling unit, at least one of which must be covered. 4. Section 18.108.060 provides that direct vehicular access to collector or arterial streets from single family dwellings and duplex lots shall be discouraged. Section 18.108.070 requires a minimum 10-foot wide drive for a single family dwelling or for a duplex with separate drives for each unit and a minimum 20-foot wide drive for a duplex with a shared driveway. Section 18.108.100 provides the Director may restrict the location of driveways to eliminate turning movement problems. 5. Section 18.130.040 contains the following standards for a conditional use: a. The site size and dimensions provide: (1) Adequate area for the needs of the proposed use; and (2) Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. b. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. c. All required public facilities have adequate capacity to serve the proposal. d. The applicable requirements of the zoning district are met except as modified by this chapter. e. The supplementary standards set forth in Chapter 18.114 (Signs) and Section 18.120.180 (Site Development Review), if applicable, are met. f. The use will comply with the applicable policies of the Comprehensive Plan. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 3 • 0 6. Section 18.130.150(C)(10) provides that dimensional requirements for a duplex are the same as for other structures in the underlying zone, provided the minimum lot size is 10,000 square feet. 7. Section 18.162.040 contains standards for minor land partitions. To be approved, a preliminary plat must comply with the following criteria: a. It must comply with the City's comprehensive plan and applicable statutes, ordinances and regulations, including size and dimensional requirements; b. Adequate public facilities must be available to serve the site; and c. All proposed improvements must comply with City and applicable agency standards. 8. Chapter 18.164 contains standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a local street to be improved with a minimum 34-foot paved section between curbs and sidewalks in a 50-foot right of way and a minor collector street to be improved with a minimum 40-foot paved section between curbs and sidewalks in a minimum 60-foot right of way. An exception to the sidewalk requirement can be granted in an established area where the public benefit does not warrant the private adverse impact of providing the sidewalk. c. Section 18.164.060 prohibits lot depth from being more than 2-1/2 times the lot width and requires at least 25 feet of frontage on a street. d. Section 18.164.090 requires sanitary sewer service. e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. B. Applicable Comprehensive Plan Policies. Policy 2.1.1 requires that adjoining property owners, the local NPO and the general public have notice and an opportunity to comment on proposed development. C. Resolution and Order 91-47. Resolution and Order 91-47 requires all new developments that add additional impervious surface to include a water quality treatment facility. IV. HEARING AND TESTIMONY A. Hearing. The Hearings Officer received testimony at the public hearing about this application on January 29, 1996. A record of that testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 4 B. Testimony. 1. Mark Roberts testified for the City and summarized the staff report. He recommended deletion of condition 5.1), because it does not relate to the application in question. 2. Jolynne Ash testified on her own behalf. She corrected the statement on page 10 of the City Staff Report regarding sanitary sewer, noting that the City Engineer has decided to have a private sewer extension serve the site. She objected to recommended condition of approval 1, which requires the applicant to improve the frontage of Garden Prk Place with standard half-width improvements. Mr. Roberts agreed a sidewalk should not be required, because there is not a sidewalk on the remainder of that street. But he testified other street improvements should be required conistent with the Code. 3. The hearings officer held open the record for 21 calendar days to enable the applicant to discuss the disputed condition of approval with City staff. C. Agency Comments. The Hearings Officer incorporates by reference the agency comments at pages 10-11 of the City Staff Report except as corrected by Ms. Ash at the hearing. V. EVALUATION OF REQUEST A. Compliance with Title 18 (Community Development Code). 1. The proposed lots and conditional use comply with Chapter 18.50 and 18.106, because the proposed use is listed as a conditional use in the R-4.5 zone, and the lots and structure comply with the dimensional requirements of the zone. 2. The proposed lots comply with Section 18.88.040(C), because both lots have a front lot line oriented within 30° of a true east-west line and a north-south lot dimension of at least 90 feet. 3. The proposed use complies with Section 18.106.030(A), because each dwelling will have at least 2 parking spaces, at least one of which is covered. 4. The proposed use can comply with Section 18.108.060 although it has access to 110th Avenue, because the site already has access to that street. The proposed driveway widths comply with Section 18.108.070, because each dwelling will have a separate driveway at least 10 feet wide. 5. The proposed use complies with Chapter 18.130, because: a. The site size and dimensions accommodate the proposed use while preserving most existing mature vegetation. b. The characteristics of the site are suitable for the proposed use, because it is large enough to accommodate development and landscaping, it is situated in an area characterized by duplex dwellings, it preserves an existing structure that minimizes the impact of building height, and it does not contains significant physical hazards or natural features that would be adversely affected by development. Hearings Orcer Final Order MLP 95-00171CUP 95-0007 (Schumacher/,Ash) Page 5 c. Public sewer and water are available to and have capacity to serve the site. d. The applicable provisions of the R-4.5 zone are fulfilled as noted above. e. The use will comply with the applicable Comprehensive Plan policies, based on finding V.E. f. The front, rear, and street side yards are at least 20 feet and the interior side yard is at least 5 feet. g. Building height does not exceed 30 feet. h. The duplex site contains at least 10,000 square feet. 6. The proposed minor land partition complies with Section 18.162.040, because the proposed lots comply with the City's comprehensive plan and applicable ordinances as provided elsewhere herein, adequate public facilities are available to serve the lots, and all proposed public improvements will comply with applicable City standard except as otherwise provided herein. 7. The proposed partition and conditional use comply with Chapter 18.164, because: a. The applicant will dedicate and improve roads adjoining the site to City standards. An exception to the sidewalk requirements along SW Garden Park Place is warranted, because the sidewalk does not exist on the remainder of the frontage. Consistent with the recommendation of Greg Berry dated February 8, 1996, a further modification to street standards is warranted to reduce the required half- width of Garden Park Place from 34 feet to 24 feet across the site frontage transitioning at a ratio of not more than 1 foot per 10 feet of frontage. Deferral of the frontage improvements is not warranted, based on the reasons in Mr. Berry's February 8 memo. Ms. Ash accepted this modification by letter dated February 15. b. Lots are not more than 2-1/2 deeper than the lot width and have at least 25 feet of frontage on a street. c. All lots will be served by public water, sanitary sewer and storm drainage systems. Conditions are warranted requiring granting of easements for utilities where they cross private property, and requiring the applicant to submit a plan showing the location of existing utilities that will be retained. B. Compliance with applicable Comprehensive Plan Policies. The proposed use complies with Policy 2.1.1, because notice of the application or hearing was provided to the neighborhood planning organization in the area and to owners of property in the vicinity of the site and published in the Tigard Times. C. Compliance with Resolution and Order 91-47. The proposed use can comply with Resolution and Order 91-47 by providing on-site surface water quality features or alternatives permitted by law. Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schwnacher/Ash) Page 6 • • VI. SITE VISIT BY HEARINGS OFFICER The Hearings Officer visited the site and area that could be affected by the proposed partition and conditional use. VII. CONCLUSION AND DECISION The Hearings Officer concludes that the proposed partition and conditional use will not be significantly detrimental nor injurious to surrounding uses, provided development that occurs after this decision complies with applicable local, state, and federal law and the conditions of this decision. In recognition of the findings and conclusions contained herein, and incorporating the Summary and other reports of affected agencies and public testimony and exhibits received in this matter, the Hearings Officer hereby approves CUP 95-07 and MLP 95-17 (Schumacher/Ash), subject to the conditions recommended in the City Staff Report with the following modifications: 1. Condition of approval No. 1 is hereby amended to read as follows: Standard curbs and asphalt concrete pavement with a total width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1 shall be installed. The transition between the two widths shall occur at a rate of not more than 1 foot per 10 feet of frontage such that the width shall be 28 feet at the property line between the two parcels. No parking shall be permitted along the frontage of wither parcel. STAFF CONTACT: John Hagman, Engineering Dept. (639-4171). 2. Condition of approval 5.1) is hereby deleted. D TED is 26th day o' eb ary, 1996. Larry Epstein, r Ti Heari ngs Officer Hearings Officer Final Order MLP 95-00171CUP 95-0007 (Schumacher/.Ash) Page 7 • Agenda Item: 2.1 Hearing Date: January 29,1996 Time: 7:0o PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASES: FILE NAME: ASH/SCHUMACHER DUPLEX Conditional Use Permit CUP 95-0007 Minor Land Partition MLP 95-0017 PROPOSAL: The applicant requests Minor Land Partition approval to partition one (1) parcel of approximately 21,730 square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. APPLICANT: Jolynne Ash 13032 Maple Leaf Aurora, OR 97002 OWNER: Dean Shumacher 13800 SW 110th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R-4.5). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 1 ONDITIONS OF APPROVAL 'qv In recognition of the findings staff recommends that the Hearings Officer approve Conditional Use Permit CUP 95-0007 and Minor Land Partition MLP 95-0017 subject to the following requirements: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. Applicant shall provide confirmation that the frontage along SW 110th has been dedicated to a width of 30 feet from centerline. STAFF CONTACT: John Hagman, Engineering Department. 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department. 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 2 rohibitingrect vehicular access to D. The Partii plat shall include a note p 9 SW Hall Boulevard from Lot 3. 6. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. STAFF CONTACT: Development Services Technicians. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 7. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: John Hadley, Engineering Department. 8. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division. 9. The applicant shall submit revised site and landscaping plans or obtain approval of the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall provide an arborist report where existing trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 3 2. SECTION 18.160.19 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification on a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 4 II. FINDINGS A1309 SITE AND SURROUNDINGS Background Information: A street vacation request was approved by the City Council in 1990 for a portion of the property frontage on SW Garden Park Place. In 1991 the Hearings Officer approved CUP 91-0010 and MLP 91-0014 for this site for the same type of development as is proposed. This application expired after 18 months when no development activity took place. No other land use applications have been filed for this site since that time. Site size and shape: The site is approximately .49 acres in total size with dimensions of approximately 109 feet along SW 110th Avenue and 175 feet along SW Garden Park Place. Existing uses and structures: The site is presently developed with a duplex located towards the easterly property line with access to SW 110th Avenue. The remainder of the parcel is presently undeveloped. Surrounding land uses: The subject property is surrounded to the north and east by properties which are zoned R-4.5 (on the north and east sides). The adjoining areas are developed with a mixture of duplex residences and detached single family residences along the west side of SW 110th Avenue. III. APPLICABLE APPROVAL STANDARDS Community Development Code: Section 18.50 (R-4.5 Development Standards) allows a duplex subject to approval of a Conditional Use Permit. The Development Code defines a duplex as two attached single family dwelling units. The development standards set forth for residential development in Section 18.50 are partially superseded by the Conditional Use Permit standards set forth in Section 18.130 which are reviewed elsewhere. A maximum height of 35 feet is permitted for habitable structures. The applicant has not provided building elevations for the duplex however the building height will be reviewed for compliance with the maximum height standard prior to the issuance of Building Permits. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. This section does not require specific land use buffers between a duplex and a detached single-family dwelling, therefore, this section is found to be inapplicable.. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 5 0 Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. The proposed site improvements will be reviewed for these requirements prior to the issuance of Building Permits. Section 18.106 (Parking) specifies a parking ratio of two off-street parking spaces for each dwelling unit. The site can be developed in accordance with this requirement. The site will be reviewed for compliance with these requirements prior to the issuance of Building Permits. Section 18.108.080 (Access) requires that a minimum of a 15 foot driveway with 10 feet of pavement required where up to two lots are being served. The existing driveway appears to be less than 10 feet in width. The applicant has proposed to share the existing common driveway onto SW 110th Avenue for both the existing and the proposed duplex. The existing driveway width will be reviewed prior to the issuance of Building Permits and where necessary, will be required to be widened prior to issuance of Certificate of Occupancy. Section 18.130.040 (Conditional Use Permits) contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are met. 6. The use will comply with the applicable policies of the comprehensive plan. The site complies with the dimensional criteria for development of a duplex as is reviewed in detail in this report. On three sides, the surrounding residential properties are developed with duplex structures of varying architectural themes. Although no building elevations were provided the applicant can use one of several architectural plans and be compatible with the adjoining neighborhood. Public facilities are available or can be made available to serve this addition. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 6 0 ! Section 18.130.150 (C)(15) provides development standards for the development of a duplex. Sections (a-c) require that a minimum of 10,000 square feet be provided for a duplex, that the structure comply with the Solar Accessibility Standards of Section 18.88 and that the duplex comply with the underlying dimensional requirements of the zoning district. The parcel size as proposed complies with the 10,000 square foot requirement. Because the lot exceeds a minimum dimension of 90 feet within 30 degrees of a north-south direction, the parcel meets the Basic Standard and complies with Solar Accessibility regulations. Prior to issuance of Building Permits, the future structure on the site will be required to comply with the Solar Balance Point criteria of the Solar Accessibility requirements. The criteria contained within Section 18.114 (Signage) and 18.120 (Site Development Review) are addressed elsewhere within this report, or are deemed to be inapplicable because this development is not a commercial or multiple-family residential project. The Comprehensive Plan presently designates this site Low Density Residential for 1-5 dwelling units per acre. The density proposed by this development is consistent with development standards of the R-4.5 Zoning District which implements the density range provided in the Comprehensive Plan. The Development Code's development regulations implement the policies of the Comprehensive Plan. The applicable standards are reviewed in detail within this report Tree Removal: Section 18.150.025) requires an arborist report for Conditional Use Permit applications where trees in excess of 12 inches in diameter measured four feet above the ground level are proposed to be removed. The applicant did not provide this report but had stated that trees are to be removed as necessary to develop the proposed duplex and related site improvements. Based on the limited number of trees which exist on the portion of the site to be developed with the new duplex it is not clear that any trees need to be removed to construct the proposed site improvements. The applicant shall provide an arborist report where trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. Minor Land Partition Section 18.162.040 contains the following general approval criteria for review of a Minor Land Partition: The proposal conforms with the City's Comprehensive Plan; The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public facilities are available to serve the proposal; All proposed lots conform to the size and dimensional requirements of this title; and HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 7 All proposed improvements meet city and applicable agencttandards (Ord. 89-06; Y Ord. 83-52). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R-4.5 Zoning District. The parcels as proposed would allow the development of two residential dwelling units for the lot to be created. The existing duplex on the property will also continue to comply with the development standards of the R-4.5 Zoning District in terms of the minimum lot size and setbacks requirements. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .49 acre R-4.5 property. Upon completion of the appeal period the development will have complied with the preliminary statutory development review requirements. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) are reviewed within the Engineering Departments comments contained elsewhere within this report. The new parcels do not exceed a two and one half, to one, length to depth ratio. The parcels would both average in excess of 90 feet width as required to develop a duplex. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R-4.5 Zoning District. All proposed improvements will comply with City and applicable agency standards prior to the issuance of Building Permits. Both parcels comply with the Basic Solar Access requirements because the north-south lot dimension exceeds 90 feet in length. The development or redevelopment of structures on both parcels will also be required to comply with Solar Balance Point Standards of the Solar Accessibility standards. Section 18.162.050 contains the following provisions for lots created through the partition process: Lot Width: The minimum width of -the building envelope area shall meet the lot requirement of the applicable zoning district. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot Frontage: Each lot created through the ,partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Setbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination on flag lots: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 8 • ! Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The parcels will exceed the area requirement of 10,000 square feet set forth within the R- 4.5 Zoning District for sites to be developed with a duplex. Each newly created parcel would have in excess of 90 feet in average width. Standards for setbacks, landscaping, and clear vision requirements, will be reviewed prior to the issuance of Building Permits. The proposed lots will each have in excess of 15 feet of frontage on the existing public streets. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Prior to the issuance of Building Permits fire hydrants shall be consistent with Uniform Fire Code standards. A reciprocal access maintenance agreement is required to maintain the proposed joint access easement which is proposed to serve both the existing duplex and the proposed duplex. Both properties have direct frontage on a public street. The property is not located within the 100-year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 9 Section 18.164.030(E) requires a Minor Collector Street to have a minimum of 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. ' Section 18.164.070(A) requires sidewalks adjoining both sides of a Minor Collector Streets and Local Streets. Section 18.164.090 requires sanitary sewer service. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The streets and utility requirements for this development have been reviewed by the Engineering Department below. IV. OTHER STAFF COMMENTS Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right-of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right-of-way and half street improvements. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. Storm Sewer: The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 -ASH/SCHUMACHER DUPLEX Page 10 V. AGENCY COMATS 40 The Tualatin Valley Fire District reviewed this application and provided the following comments: Hydrants shall be placed so that all portions of the exterior walls of buildings (500 feet for commercially sprinklered buildings). Location of hydrants and supply piping to said hydrants for water supply, shall be approved by this office. There must be a hydrant within 500 feet of all portions of the structure. No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use Permit and Minor Land Partition requests will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. Prepared By: Mark Roberts Date Associate Planner HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 11 y9.2 5 o o w ~ . 0 1 ~ r CAI% ul 7r•22.'- 0 ~3 2 ►0 -3 2 N E9 - - park Place N Garden SW -L-7 io • ~ ~ 618 ~ r 34 N d W ~ t Q ~ f 1 d N b4, ~ 69.go 0000 1 TO F~.• b, r H3 j q ~ o -2.5 ° -7b place SVW Garden park o ASE tAo. pup g5-Ofl07 9LOT P { AS MLP g5.gp17 E xtjjj3j-T tA A I I ~ ~ L-j ST S1 VEN Cu Q. GAR N PARK PL SITE--- C C CC5 CCU 4-j U vicinity Ntp CUP 95-0007/NLP 95-0017 Note: Map is not to scale N ASH DUPLEX CUP 95-0007/MLP 95-0017 00 EXHIBIT B Schumacher/Ash Duplex Notice of Final Order by the Hearings Oflcer (Page 1 of 1) J,olynne Ash 13032 Maple Leaf Court Aurora OR 97002 Dean Schumacher 13800 SW 110th Avenue Tigard OR 97223 City of Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. ❑ That I served NOTICE OF (AMENDED PUBLIC HEARING FOR: (check box above, if applicable) (check appropriate box below) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED DECISION FOR: (Check box above, if applicable) City of Tigard Planning Director That I served NOTICE OF (AMENDED FINAL ORDER FOR: (Chock box above, it applicable) (check appropriate box below) n City of Tigard Planning Director / Tigard Planning Commission Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of V I attached, marked Exhibit "A", was mail Rd to each d erson(s) at the address s) shown on the attached I- t(s), marked Exhibi on The k~ day f 199 , and deposited in the U ' ed States day of f%, postage prepaid. Prepared Notice 1 / Subscribed and sworn/affirmed before me on the day of , 19S OFFICIAL SEAL r DIANE M JELDERKS I NOTARY PUBLIC-OREGON J) dAu COMMISSION NO. 046142 NO Y PUBLI F OREGON MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission pires: FILE INFO.: NAME(S): `7+/h a f/ CASE NO.(S): Chap 4~ TYPE OF NOTICE & DATE: CITY OF TIGARD September 15, 1997 OREGON Tammy Hahn Coxen 14835 SW 103rd Avenue Tigard, OR 97224 Re: Time Extension of Conditional Use Permit 95-0007 Dear Ms Coxen: This letter is in response to your request for a Time Extension to Conditional Use Permit 95-0007. The Director has approved this time extension as requested with a finding that none of the substantive approval criteria have been revised since the Conditional Use Permit was originally approved. Based on continuing discussions that have taken place with the contractor it appears that construction of the duplex is intended to take place within the next year. Conditional Use Permit 95-0007 will now expire September 13, 1998 unless construction of substantial improvements is completed within the next year. At this time, I would like to bring to your attention that there are no further time extensions permitted for this Conditional Use Permit. Please provide a copy of this letter with any related Building Permit request to avoid any unnecessary delays in permit processing. If you have any questions, please feel free to contact me at (503) 639-4171, ext. 317. Sincerely, Mark Roberts Associate Planner, AICP iAcurpln\mark_r\dutiex.doc c: CUP 95-0007 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 September 5, 1997 Mark Roberts Current Planning City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: SW 110''/Garden Park Conditional Use Permit Dear Mr. Roberts: I would like to request that you grant a one-year extension on the conditional use permit for the above referenced property. I purchased the property from Jolynne Ash in 1997 with the intention of building a duplex. As you are probably familiar, one of the conditions is a street improvement, and I plan to begin the construction project within the 12 month extension period. I have enclosed a check for $150.00 to cover the Approval Extension fee. If you need further information, I can be reached at work during normal business hours. My number is 526-5162. Thank you for your time and attention to this matter. Sincerely, Tammy R. Hahn Coxen t MEMORANDUM CITY OF TIGARD, OREGON TO: Larry Epstein, Hearings Officer FROM: Greg Berry, Utilities Engineer.BPV DATE: February 8, 1996 SUBJECT: CUP 95-7/MLP 95-17, Schumacher/Ash Duplex As requested, I have reviewed Condition of Approval No. 1, requiring half-street improvements to SW Garden Park Place. After viewing the site with the applicant, I recommend that the required street improvements be reduced to providing a total paved width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1. The transition between the two widths should occur at a rate of not more than 1 foot per 10 feet of frontage such that the width is 28 feet at the property line between the two parcels. No parking should be permitted along the frontage of either parcel. Since this side of the street is without sidewalks, they may be omitted along the Garden Park Place frontage. The intent of permitting the street to narrow along the frontage of the site and eliminating the sidewalk is to reduce the amount of required site grading and tree removal. These narrowed widths are permitted by the CDC at 18.164.030 E for streets, such as SW Garden Park Place, with an ADT of less than 500. Moreover, the CDC at 18.164.030 A. Lc permits the Director to accept a future improvement guaranty in-lieu of any improvements if any of six conditions exist. Of these, only (v), an "improvement... associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets," applies. Acceptance of a future improvement guaranty is not recommended for several reasons: First, there are surrounding completed street improvements. Second, there is little chance that a future improvement guaranty would ever result in completed improvements. Finally, access to SW 100th Avenue was permitted although it is a minor collector. RECOMMENDATION: Replace Condition of Approval No. 1 with: Standard curbs and asphalt concrete pavement with a total width of 34 feet along the frontage of Parcel 2 and 24 feet along Parcel 1 shall be installed. The transition between the two widths shall occur at a rate of not more than 1 foot per 10 feet of frontage such that the width is 28 feet at the property line between the two parcels. No parking will be permitted along the frontage of either parcel. STAFF CONTAC John Hagman, Engineering Department (639-4171). APPROVE OA-"so ~)ng City Engineer '02/15/1996 11:52 503020 JOLYNNE AS* PAGE 01 a February 15, 1995 TO: Mark Roberts, City of Tigard - FAR: Jolynne Ash RE: Memo dated February 8, 1996, CUP95-7/1 Y 95-17, Schumacher/Ash Duplex Regarding the recommendations by the City to the Hearings Officer, I find the conditions to be acceptable and request that your forward them on to Larry Epstein at your earliest opportunity. I would also hate to thank you for the time and effort you and Greg Berry put forth in assisting us with this.project. 1• 10Lr Joiynne Ash uC.h t'fiKK. NLAGE o a 3~yNNP M2 ScwiCE L~ SIZE l O, 000 514t. LOS 51 Z- E-' uTtL ITy ~ ..h ~ti? 685 5~.-ft ~OC.ES I~ ffil"fYlc~l\~ QYEJ~ N EA-L~ L1 N>~~5 0 Z TRCS ~LL¢LT(LlCr1T'-' i 0 'R B F-15 CA ES L-F- p. LL O Q• ~ 0 r = STREET ~ ~ ~ S~G~GING N O Q DEDIGi~TIDN 11 oL _ p 'PAM i ~Y SL RES, WATF-K Z j NAr VAS ?C M Al N s GrtvIcE 71- '27.a . 68.0 ~ SAN ~Tfl~~ SEW~1- MRNKOLE`►pi ~ 60,7 7A GE ~ STREET t~c~tc.AT►oN5 ~ - - - - - - - - - - ! t~AiZ.CE L I 79O yV lb T1 Sao 27 7-3 Z. NAT. SAS MAI N f (JpN- f}GLE.SS F- ASE-MaN7 Sw GARDEN PAR1-, ?LACa 1Z" SiOAM ~r2A1►~/ LI►t7= I> RAit4A6 °f ~RT~'c~N N l t CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 FILE TITLE: SCHUMACHER/ASH DUPLEX APPLICANT: Jolynne Ash OWNER: Dean Schumacher 13032 Maple Leaf 13800 SW 110th Avenue Aurora, OR 97002 Tigard, OR 97223 (503) 678-2020 (503) 684-6024 REQUEST: A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. CIT: CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 X HEARINGS OFFICER DATE OF HEARING: (Tentatively) 1/29/96 TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7.30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: Mark Roberts (503) 639-4171 x317 CUP 95-0007/MLP 95-0017 SCHUMACHER/ASH DUPLEX PROPOSAUREQUEST FOR COMMENTS Cl" OF TIGARD, OREGON CONDITIONAL USE APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Bog 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE OTHER CASE NO'S: M L P c1 - Ua RECEIPT NO. (oj APPLICATION ACCEPTED BY<~~ DATE: /?0 Te er 1. GENERAL INFORMATION Appll ation elements submitted: PROPERTY ADDRESS /LOCATION ~j 500 3W 110-1- (A') Application form (1) 'l/ (B) Owner's signature/written TAX MAP AND TAR LOT NO. 2 S 3 13 Z) 1300 uthorization l/ (C) Title transfer instrument (1) SITE SIZE . J 1 k- C E 5 (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER* ~Q,11 SC hu m(' IC h e4' (E Site plan - ADDRESS 13 go b [)J 0 PHONE (~,~1~ -(p ©Z~J (F) Applicant's statement CITY :2u wCI ZIP 9 70 2 (pre-app. checklist) APPLICANT* ,6kQ (1y-\ ~h (G) List of property owners and ADDRESS 7J MC Q1e Lea~ PHONE (d 7 ZOO addresses within 250 feet (1) CITY ){'Q ~U• ZIP q 7007- _6~,('H) Filing fee (t365) *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DET I TO BE COMPLETE: from the owner or an agent of the owner with written lqq authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. . COMP. PLAN/ZONE DESIGNATION: 2. PROPOSAL SUMMARY Lo W AL Lf, !SE The owners of record of the subject property request conditional use approval to allow N:P.AT Number: 4~attfpal rK cW ~ el An VJ e b u)*4 Hearings Officer Approval Date: P, C I CA 4 \-)e C-Mak-- Final Approval Date: Planning Engineering 0736P/23P Revd: 3/88 a 4 3. List any variance, sensitive lands permit, or other land use actions to be considered as part of this application: iY1inn r i--2ac (`)I 1 4. Applicants: To have a complete application you will need to submit attachments ` described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of 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, may be revoked if it is found that any such statements are false. D. 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. DATED this day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. (KSL:pm/0736P) RECEIVED PLANNING NOV 151995 d AFFIDAVIT OF MAIUNG STATE OF OREGON ) SS CITY OF TIGARD ) t. J~1\in n~ / s h . being duly swam depose and say that on X1o l~ 3 • t9~ 1 cawed to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at 13 E300 S W / 10-0- AU!'_ . a copy of which notice so mailed is attached hereto and made a part of hereof. 1 further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at ( Jb barri . with postage prepaid thereon. 1/rt~ Signature Subscribed and sworn to before me this day of ^ (l cm .6 -e Aej , tg Q5 OFFICIAL SEAL MARGARET ELAINE ALGECIRAS NOTARY PUBLIC - OREGON COMMISSION NO. 032108 Notary Public d MY COMMISSION EXPIRES FEB.17,19 98 My Commission Expires' /7, 98 FAmM h:\Icgin\jc\aifmail.cit Name at applicant ' \ S ' Subject Property: Tax Map and Lot '~lJ ,Address or General Locadon 13 C`'300 S LAJ )/0 AFFIDAVIT OF POSTING NOTICE i, J ne k do affirm d= i am (represent) the party Imitating interest In `a proposed r\ 0j affecting the land located at 13 X300 S w ~ ~ r7 P1 p and did on the day of K) o o etrm b e.~' 19 _q.S personally post notice indicating that the site may be proposed for a C Qnd A A r\ (256 application. and the time. date and place of a neighborhood meeting to dlscuss the proposal. The sign was posted at MOD S UJ 1 ~ (P~ (state loc aWn on property) This l3 day of Ak ll 19 9-~ Signature Subscribed and swam to, affirmed, before me this day of OFFICIAL SEAL MARGARET ELAINE A0-ECI 0 i NOTARY PUBLIC -OREGON Notary PubfiC the of O on COMMISSION N0. 032108 My Commission ~=Co 7, 7 d MY COMMISSION EXPIRES fE8.17' IM WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFFIDAViT TO: City of Tigard Planning Division 13125 SW Hall Blvd. Tigard. OR 97223 w9inV0dt i ' City of Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED PUBLIC HEARING FOR: --,~l (check box above, H applicable) {check appropriate box below) (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ / Tigard Planning Commission Tigard Hearings Officer ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED DECISION FOR: (Chechboxabove, ifapplicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED FINAL ORDER FOR: (check box above. H applicable) (check appropriate box below) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDERIOTHER NOTICE(S) of w ' s attached, marked Exhibit "A", was fled to each na d person(s) at the addres (s) shown on the and deposited attached st(smarked Exhibit' o e Aay f 19912 i the U Ited States Mail on the day of 99 , postage prepaid. GL ared Notice Subscribed and sworn/affirmed before me on the / day of , 1W OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC-OREGON NOTARY PUBLIC CtOE60 MMISSION MY COMMISSION OEXPIRES SEPTOEMBErR 07 , ggg My Commission Expires: j` gigg NPILE INPO.~L67SC NAME(S): CASE NO.(S): G' apq 5--'- 0(:)W " _ /'+-OC -4- TYPE OF NOTICE & DATE: i ~ EXHIBIT AA ti CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 29, 1996 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 FILE TITLE: SCHUMACHERIASH DUPLEX APPLICANT: Jolynne Ash OWNER: Dean Schumacher 13032 Maple Leaf 13800 SW 110th Avenue Aurora, OR 97002 Tigard, OR 97223 REQUEST > A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, CRITERIA: 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 95-0007/MLP 95-0017 SCHUMACHER/ASH DUPLEX PROPOSAL/REQUEST FOR COMMENTS ANYONE WISHING TO PRESENT AITTEN TESTIMONY ON THIS PRASED ACTION MAY DO SO IN WRITING PRIOR'TO OR AT=THk PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JANUARY 8. 1996 ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND, PRECLUDES AN APPEAL AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. I ( ! I I I I I i---- J I ! I F_ 17 7---7 I ! ! V 1 P ! i' SITE-> • i ~x I , I i ! f ! i 11 i j F_ T~ r--! i ~ CUP 9500071MLP 95-0017 SCHUMACHER/ASH DUPLEX PROPOSAUREOUEST FOR COMMENTS CUP 95-0007/MLP 95-0017 ASH DUPLEX We 1/2) EXH~ i 2S103DD-05700 2S103DD-05900 CALLAN, JOSEPH G CAPPS, ROGER A AND JANICE i 10435 SW GARDEN PARK PL 3009 SE LAMBERT TIGARD, OR 97223 PORTLAND, OR 97202 2S103DC-00500 2S103DD-02600 CLARK, KEVIN W AND SUSAN H DILL, BEBE E 13705 SW 110TH AVE 10900 SW GARDEN PARK PL TIGARD, OR 97223 TIGARD, OR 97223 2S103DC-01100 2S103DD-01302 FIRST BAPTIST CHURCH OF HAHN. CHRISTOPHER J/CINDY L TIGARD, THE 10630 SW GARDEN PARK PL 11075 SW GAARDE TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-06400 2S103DD-06000 HUGHES, GEORGE H AND JOHNSON, BENTON I/HELEN M PRATT-HUGHES, LORI 10995A SW GARDEN PARK PLACE 10618 SW GARDEN PARK PL TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-05300 2S103DD-05100 KELLEHER, PHILLIP M KELLEHER, PHILLIP M RBARA 17690 SW SHAWNEE TRAIL PO BOX 2 TUALATIN, OR 97062 TI D, OR 97223 2S103OD-05000 2S103DD-05200 LL IP RA KELLEHER, PHILLIP M & BARBARA KELLEHER, PHI PO BOX 23023 PO BO&Z3 TIGARD. OR 97223 TiGAD, OR 97223 2S103DD-05400 2S1031313-02000 MILLER, BRUCE R NICOLAISEN, KERI N & JAMES E 9255 SW 3RD AVE 5320 SW HUMPHREY BLVD PORTLAND, OR 97219 PORTLAND, OR 97221 2S103DD-06300 2S103DD-05800 NOVICK, NATALIE J OTTOMAN, PATRICIA RIW1N R 14338189TH WAY NE 21635 SW RD WOODINVILLE, WA 98072 OOD, OR 97140 2S103DD-05600 2S103DD-06100 OTTOMAN, PATRICIA A & NORMAN R PIESKER, MARK A & JULIE A 21635 SW ELWELT RD 10582 SW GARDEN PARK PL SHERWOOD, OR 97140 TIGARD, OR 97223 2S103OD-00426 2S103DD-05500 PRINCE, ROBERT L ROBERTS, RICHARD D AND JOYCE A JACQUELINE J 10920 SW FAIRHAVEN WAY 10495 SW 135TH AVE TIGARD, OR 97223 BEAVERTON, OR 97005 CUP 95-0007/MLP 95-0017 ASH DUPLEX 40 (Page 2/2) 2S103DD-02200 2S103DD-01700 RYAN, JOHN P AND SANDRA J RYAN, JOHN P AND Df~A J 1'01 COBB CT 101 CO FOLSOM, CA 95630 SOM, CA 95630 i 2S103DD-00427 2S103DD-01300 SCHECKLA, KENNETH W SCHUMACHER, D BIBIANNE L 13800 SW 1 AVE 10890 SW FAIRHAVEN WAY TIOARD, OR 97223 i TIGARD, OR 97223 2S103DD-06700 2S103DD-06600 SCHUMACHER, DEAN A TRAN, GIRO NIHOAN T 13800 SW 110TH AVE 10635 SW GARDEN PARK PLACE TIGARD, OR 97223 TIGARD, OR 97223 2S103DC-00600 2S103DD-06500 { VAN KLEEK, JAMES A WELLS, JAMES B AND TRINA L LANORE J 10627 SW GARDEN PARK PLACE 13745 SW 110TH TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-02100 2S103DD-00425 I WILLIAMSON. PAUL J WITTKOP, LARRY ALAN & CARLA LY ' 7422 SW VIRGINIA AVENUE 10950 SW FAIRHAVEN WAY PORTLAND, OR 97219 TIGARD. OR 97223 I 2S103DD-04900 2S103DD-06200 WOLF, SUSAN F AND KENNETH M YANG, JOONG-MO 10660 SW GARDEN PARK PL YANAGAWA, MICHIKO TIGARD. OR 97223 10594 GARDEN PARK PL 1 TIGARD, OR 97223 i _ 1 i • CONDITIONAL USE PERMIT 13800 SW 110TH AVE. JOLYNNE ASH 678-2020 Enclosed please find a copy of the letter sent to all property owners regarding the neighborhood meeting held on November 29, 1995. The affidavit of mailing was sent to the City of Tigard along with the affidavit for the posting of the sign. The following persons attended the meeting: Mark Pieskier 10582 SW Garden Park PI George Hughes 10618 SW Garden Park Pl The following concerns were voiced by neighbors: 1. That the driveway for the duplex be located on 110th. 2. That 110th be aligned 3. That the hillside on Garden Park not be disturbed, suggested planting ground cover. 4. That only necessary trees be removed. November 13, 1995 PropertyOwner BrianMartin Central CIT 10965 SW PathfinderWay Tigard, OR 97223 RE: JolynneAsh Dear InterestedParty: I am representingthe owner of the property located at 13 800 SW 110th. We are consideringa conditionaluse permitto allowa duplexto be built at this location. Prior to apply to the City of Tigard for the Necessary permits,I would Eke to discuss the proposal in more detailwiththe surrounding property owners. You are invitedto attend a meetingon: Wednesday, November 29th at 7:00 PM TigardCityHall 13125 SW HallBlvd. Tigard, OR 97223 Please noticethiswillbe an informationalneetingon preliminaryplans. These plans may be altered prior to the submittalofthe applicationto the City. I look forwardto more specificallydiscussingthe proposal withyou. Please call me at 678-2020 ifyou have any questions. Sincerely, JolynneAsh 11/10/9 5 Oft: 42 X503 64~i X1317 FNT BEAVERT0N ~ (I (17," 007 For: JOLYNNE ASH Of; RE/MAX EXEC'U'TIVES By: DIETRA L STIVAHTIS 11000 S.W. STRATUS,SUITE 200 BEAVERTON OR 97005 Margeaux Rubio Richard Roberts 2028 Grahn Dr John & Sandra Ryan J Jacqueline Santa Rosa, CA 101 Cobb Ct 10495 SW 135th Ave 95404-3006 Folsom, CA 95630-2284 Beaverton, OR 97008-9703 Patricia Ottoman Clara & Harold Holmes Norman Ottoman 5455 Regent St W Roger & Janice Capps 21635 SW Elwert Rd Tillamook, OR 3009 SE Lambert St Sherwood, OR 97140-8618 97141-9334 Portland, OR 97202-8566 George & Carolyn, Sheldon Paul Williamson Bruce Miller 123 NW 2nd Ave 7422 SW Virginia Ave 9255 SW 3rd Ave Portland, OR 97209-3927 Portland, OR 97219-3041 Portland, OR 97219-4811 Herbert & Grace Tindall Thomas & Cynthia Mul£lur Keri & James Nicolaisen 10820 & 10820b SW Garden 4535 SW Tarlow Ct 5320 SW Humphrey Blvd Park #A Portland, OR 97221-3681 Portland, OR 97221-2317 Tigard, OR 97223 Lee Zill Agnes Galbraith Bebe Dill 10670 SW Garden Park P1 10680 SW Garden Park P1 10900 SW Garden Park P1 Tigard, OR 97223-3832 Tigard, OR 97223-3832 Tigard, OR 97223-3885 Benton & Helen Johnson Christopher & Cindy Hahn 10995 SW Garden Park P1 Joseph Callan 10630 SW Garden Park P1 #A 10935 SW Garden Park P1 Tigard, OR 97223-3832 Tigard, OR 97223-3837 Tigard, OR 97223-3837 Joong-Mo Yang George Hughes Mark & Julie Piesker Michiko Yanagawa Lori Pratt-Hughes 10582 SW Garden Park P1 10594 SW Garden Park P1 10618 SW Garden Park Pl Tigard, OR 97223-3805 Tigard, OR 97223-3805 Tigard, OR 97223-3832 James & Trina Wells Giao & Hoan Tran Susan & Kenneth Wolf 10627 SW Garden Park P1 10635 SW Garden Park PI 10660 SW Garden Park P1 Tigard, OR 97223-3831 Tigard, OR 97223-3831 Tigard, OR 97223-3832 FIRST BAPTIST CHURCH OF TIGARD THE Robert & Kathleen Hill Genevieve Ward 11075 SW Gaarde St 14900 SW 141st Ave 16030 SW Wimbledon Ct Tigard, OR 97224-3720 Tigard, OR 97224-1451 Tigard, OR 97224-3044 A request by Jolynne Ash who is purchasing the property from Dean Schumacher the owner of record for a conditional use permit and minor land partition to divide a .51 acre parcel into two lots of 10,000 sq. ft. and 11,680 sq. ft. The conditional use permit would allow the construction of a duplex on the newly created parcel. The property is zoned R-4.5 and is located at 13800 SW 110th Ave. (2S1 3DD lot 1300). This property was previously approved for a conditional use permit in 1991 that has since expired. The proposed partition creates a 10,000;q. ft. duplex lot and a 11,680 sq. ft. single famil lot with and existing residence. Both are allowed by the city comprehensive plan. current setback and lot size requirements shall be met by the proposal for both lots. We will install a 6" residential sewer line in accordance with the pre-app meeting held on 11/7/95 prior to final partition. A vacation of public right of way for garden Park PI was completed as part of the 1991 conditional use application. And it is my understanding that I will be required to vacate part of my property on 110th to create the required street width and do 1/2 street improvements along 110th which will include sidewalks and concreate driveway for the duplex at time of construction. We do not have immediate plans to begin construction of the duplex, therefore exact floorplans are not available. All necessary public utilites are accessable and all improvements shall meet city standards. A community meeting was held on November 29, 1995. Jolynne Ash 13032 Maple Leaf Ct. Aurora, OR 97002 678-2020 Page No. 6 Order No. 628120-004-DH EXHIBIT A A tract of land in the Southeast quarter of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Beginning at an iron rod on the easterly line of a 16.66-foot wide entrance roadway (Deed Book 236, Page 565) and which iron rod is South 890 35' West 1,402.34 feet and North 000 11' West 407 feet from the southeast corner of said Section 3, and going thence North 890 56' East 190.6 feet to an iron rod; thence North 000 11' West 138.6 feet to an iron rod; thence South 890 56' West 98 feet; thence South 000 11' East 22 feet; thence South 890 56' West 92.6 feet to an iron rod on the aforesaid easterly roadway line; thence on the roadway line, South 000 11' East 116.6 feet to the true point of beginning. TOGETHER WITH that portion of vacated SW Garden Park Place adjoining that would attach thereto by ordinance No. 91-35 recorded January 15, 1992 as Recorder's Fee No. 92002769. -11111 Fidelity National Title Co. of Oregon The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. r A r~ - y - r Q Itaq Its IRS IRS ins I S.W. FAIRHAVEN STREET Y / YO q0 .W f0 Ilp•p q• - 410 412 413 414 413 416 417 :f q35 436 6 S 5 4 3 S 2 $ I a - 3 2 e 411 L 0 ~ U ` r~ _ : r •c a ..r •a r 'p' u0 st« p 434trT S••°si'. • 422 421110 420 419 419 iota / 5 00 424 1O tl as 12 = 13 - 14 15 4 c«- irr A 9 If 1 icaj•ac % 433 b "-w too " M.O. FAiRHAVIEN • S•r- _ ~~p r q uo. 432 427 428 429 430 =431 4•Y 3 425 426 ! ~ ~ 6 4~ 13 12 w. 11 10 6 9 w g - 7 Y~ a p - r IMP ' w we a a•. c.-SAM r wsr a w w•r ~ w, i r 445 "Aft' 6200 6300 6400 9302 3100 4900 4800 4700 46011 45W 4400 4= 4f@ 4100 70640 0. if I( 2 3 4 ../VAC. -x -Z 33. M if 1. - 4 ; - ; 2 31 90 29 28 27 a 262__ 25 20 23 L 4ll Yr ]y `~v a 4v = IF • •y~, . •arp NA Mla Nq Mb MOO ~a•o Ms -Ago ••.•O .itr. SDC ' of loll b e 1R AR •Irrrfrr tfRT 900 . ` \ rsw x.t.a• w-errr / OOAe. V a•p 4460 .aso K 90 41 A SIM d ~ 1300 6oiAC 6.900 8600 w,r 3400 3300 3600 3100 3900 /AC. ! b 32~ 5300 ~4 J e g - 5 _ 6 L. 17 to _ B 2D - a L 22 m rr !'J 36 a M.ro. tai J R I 35 t0. w fo r.i a! rota ►wta'c rrnr 3300 b moo SOB 566 ~6S"o > a 900 2.3 y R 42 41 40 : 3 38 _3200 rrrAr« « C A R J r 0 loon set - Q7 arils ,FF •o ro as ro w.a. s ♦ 6 ! I.ilAr. S.W. GARDEN q`♦ 1472 na°17Op 2100 am 2700 14 = 1 1 3 3 r ~ f 1 i 1 3000 raN • •.••c.. 1, do FNMD025 Rev. 1/93 130.89 (P2) co N 89° 54-11- E (ROT) - =45.83 0 ` r 5 75.23 (P2 ~ P T ® N_89° 54-1_l~-~R i L-32.74 5/8" IR HELD FOR z v S.W. GARDEN o PARK PLACE 0 OF MOST EASTERN LINE I VACATED BY 92-2769 ,°n OF KAREN PLACE (P2) I I N 89 ° 4'11" E /23.33 "TECH" RSONALLY ' I CIS. 031 ENTICAL 04 S . !1~. 1t~ 11. 10_. "TEC - 71.26 '.CUTED - - - , o ( 15.00 (C) v M N I O 18.8 M N to Lai 3 W N PARCEL 1 W 3 PARCEL 21 Lo 'r' 39.5 (TYP) a Lo co 10,002 SF oo -t 11,728 SF C'i o to o ap EXIST I R/W I w ao `r O N C-4 0 orn o N, O v I V eO O V) N z eO { _I z O v Z O z I a v I 15.00 (P1) IR 73 94.15 80. 5/8" IR HELD S 89'56'00" W (M,D) 189.88 (M) (190.6 (D))' HELD 5'8" IR WITH FOR NW CORN GAARDE PARK ALUM CAP MARKED AND FOR OB 87-041193 BASIS OF BEARINGS "WAKER ASSOC. INC." (P2) • (S 89 ° 42'00" E (P1)) 54.4 (TYP) 3 HELD INTERIOR ANGLE 90°00'00" (P1) 20 b W s%y-l GAARDE PARK 10 30 SCALE: 1" = 40' o , 5/8" IR WITH z O LOW PLASTIC CAP ARKED "LS 1841" r,. 7OR R/W CORNER SURVEY #21,814 SURVEYOR'S CERTIFICATE DUG GILBERTSON, HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED WITH PROPER UMENTS THE LANDS REPRESENTED ON THE ANNEXED PARTITION MAP, THE BOUNDARY BEING DESCRIS WX OE LAND IN THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE A, I`OF TIGARD. WASHINGTON COUNTY- ORFGON. FURTHER DESCRIRr7n AS FOLLOWS' Sw GARc7EN PARr~ PACE Z ti. 3lti w~TE2 O a SEK.vICE l~51Z~ 1 ~,DOO sq,-Ffi uTILlTy i LU1 ~J1ZE POLES 113 685 s~ ft I+~pr Iac!k&A < f n crnc,M 4 C 80.7 a pYE~rtEA-v t.t~a<S "0 ►+0► i -FREES 1,4 > c,48~ .1=, Q -i Q 4 Ii, Ifl 0 0 2 STREET II < 9EXIS7ING f Q DEDICATION _ 7 0) 'SINGLE N a OC FAMILY DZ WATE(Z Q RES, NAT GAS m Al N O 5 ~ttv~cF- • . TREE If REES\h lose - -SAN ITfke~ S>EW~.(z- MRNV LS--,n 27.0 • bB.o 60.7 ARGF g STREa<T ~-E-L►~ICATIONS ~ PArCEL I Z.i NAT. &A5 ILI 7'?0 #416$l 900 Z7 73 t"'lAI N I` NON- Ac4-E.5S tAS~MENT Ste! GARDEN PAgo<, PLACF- i2" 51 D~.M t~12A1►~! L.iK~ T DRa14A6 t PATrCAN N J l ` r ra GvcL-oP MEN-wILAN - eA(=r>_ of I/3~S~il 111, 6.3 i l4.3 J N N ~ IIµ,S tN N I r W ~ N .1 ~l f I I`+,So N w 1A >03. /£f N N 1 22.33 N 0 v r D t~ W o b ~ o d LA z w n t v w o ~ J - bs, 0 0 1~ (1~ ~ Z J o N •v J V y ✓o ~ o D ~ n F I zy-,o _ rn 114-.5 -Q J lO,Z UJ ; f) 73.0 N ~ rn J v ~ o ~ o d o N J ~ J A SW l TH AvE, O G S IT F_ , 1 c, SI f\ ~1"C, m I f 0 U S i Cl- AQt 'L- diM ON5kCr S I nu- ye4 de e_Frmn~c1 ,=,-91 i" = s0' N SW GARDEN PARK PLAcf- Z---" LL 4 N CONTone, LIKES ~ Z (5 Fool iwrmaVA~s V I Z Q J F-AISTING 2)R114 =WA I~ LANDSGAptb ENTRANCE= in \ MRSsALL- cATC-H E ASM4 AND cGNNE~" In ~►JSTf}lrl. ~O ~ QG~C~ el~-~IG ~.I 11 E 1-0 S-TOKvh DRAIIJ PIPE AND eoNNEcT 1-a Ex~SriNCT~ tSAWITA2i se-vie-f- M14{.OoL-E._ SW GAPPF-N PARK PLAce ~xls`rl P( STORM DRA I►J p l~~ Fl,o T:) IREGTIONI DowNsTR M S?U2N~ D2Al11ACs~ coNDITt S AREr ADEG,UATE. , Q' I ~X~STIK STaKM o DRfFIIJ Tc14 SAI-114 SW GARoErt PARr~ PAGE t1 4 N Cormug, LINE-S Z u) ( 5 Foo-' IN7m4VALS V f~ I Z Q J - P- EXISTING ~ 1 ~~Iv>=w,4Y i_arsDscA~~D EhlTRaNG>= • w w 7 I irsSAt_1- cATcH I 3As►r i AND OOWNF-c-l F- To S-i-09-M 'DRAU.! ~I?c ~^Jj~ CONnitGT '~'D EXISTINU/ :SANITA/Z~ SEWED M1~IJHOLt.--. SW GARDEN PAR1'-, PLACE • Z~XIs-r) N s JOR►A DRA In! t-' I~t= = FI.-o ~IRcGTtat~l aownl s R M STO P-K I>2A IN A{= E- CA►.~AIT~ 5 Afz~ AD~QvATE- . Q' I ~X~ST IK S~~M ° D~A)r.1 TC14 5ASIN Sw GARoEnt PARK P►-AGE k o M EXIS i It~G Z L= ~ EXISTI/[G SERVtGi=. . , ,N' 2 J ~O W i= '1~ TGIF N cNR_ F. X t 5'► 114 G Z l t AND CAW - TII-1-ry ~~j : U po~ES d ..t - P cXtSTlNU Naw UNDE462buND STRUG I Ui2 DUt~L1:X ~i Y7- STREST z I i W Q N r-_w WATE JZ 0 W ~ II p E iWCr 3 ' n N A,-r. GAJS NEvJ rraT~QA-k- c-a s di ~1 SEPJ~c2-5, S~rZV/c.1= EXIS i iN(, Z." NxT, GA-S MAIN SW GARPEN APO-, PLACE • !r X 15i 114 C- W AtT 1=►e- MArIN (G" D.Z. ti> I?C. T I 0 N .9 Artectural Drawings: At this time we have not selected an actual blue print for construction because of the prelimanry stage of the proposal. Our plan is to construct a two story duplex which will have 2 bedrooms each approx 700 sf The garages will be attached, and located in the middle of the building with a common driveway off 110th Ave. 2S103DC-00500 V L~ 2S103DD-00425 2S103DD-00426 S103DD-00427 2S103DG00600 U ~ 2S D 8p 900 N PARK PL 2S103DD-01300 2S 03D 3DD-052 103DD-05 2S103DC-01100 2 103D D DD D DD-0 038 - 103DD-021 103DD-017 103DD-0 S103DD-0 D. !S103DD-02201 ARD S Cu V 0 s~. U Vicinity Map NOTIFICATION MAP CUP 95-0007/MLP 95-0017 CUP 95-0007/MLP 95-0017 •ASH DUPLEX (Pee 1/2) 2S103DD-05700 2S103DD-05900 CALLAN, JOSEPH G CAPPS, ROGER A AND JANICE 1 10935 SW GARDEN PARK PL 3009 SE LAMBERT TIGARD, OR 97223 PORTLAND, OR 97202 2S103DC-00500 2S103DD-02600 CLARK, KEVIN WAND SUSAN H DILL, BEBE E 13705 SW 110TH AVE 10900 SW GARDEN PARK PL TIGARD, OR 97223 TIGARD, OR 97223 2S103DC-01100 2S103DD-01302 FIRST BAPTIST CHURCH OF HAHN, CHRISTOPHER J/CINDY L TIGARD, THE 10630 SW GARDEN PARK PL 11075 SW GAARDE TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-06400 2S103DD-06000 HUGHES, GEORGE H AND JOHNSON, BENTON I/HELEN M PRATT-HUGHES, LORI 10995A SW GARDEN PARK PLACE 10618 SW GARDEN PARK PL TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-05300 2S103DD-05100 KELLEHER, PHILLIP M KELLEHER, PHILLIP M & BARBARA 17690 SW SHAWNEE TRAIL PO BOX 23023 TUALATIN, OR 97062 TIGARD, OR 97223 2S103DD-05000 2S103DD-05200 KELLEHER, PHILLIP M & BARBARA KELLEHER, PHILLIP M & BARBARA PO BOX 23023 PO BOX 23023 TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-05400 2S103DD-02000 MILLER, BRUCE R NICOLAISEN, KERI N & JAMES E 9255 SW 3RD AVE 5320 SW HUMPHREY BLVD PORTLAND, OR 97219 PORTLAND, OR 97221 2S103DD-06300 2S103DD-05800 NOVICK, NATALIE J OTTOMAN, PATRICIA A & NORMAN R 14338 189TH WAY NE 21635 SW ELWELT RD WOODINVILLE, WA 98072 SHERWOOD, OR 97140 2S103DD-05600 2S103DD-06100 OTTOMAN, PATRICIA A & NORMAN R PIESKER, MARK A & JULIE A 21635 SW ELWELT RD 10582 SW GARDEN PARK PL SHERWOOD, OR 97140 TIGARD, OR 97223 2S103DD-00426 2S103DD-05500 PRINCE, ROBERT L ROBERTS, RICHARD D AND JOYCE A JACQUELINE J 10920 SW FAIRHAVEN WAY 10495 SW 135TH AVE TIGARD, OR 97223 BEAVERTON, OR 97005 CUP 95-0007/MLP 95-0017 ASH DUPLEX Page 2/2) 2S103DD-02200 2S103DD-01700 RYAN, JOHN P AND SANDRA J RYAN, JOHN P AND SANDRA J 101 COBB CT 101 COBB CT FOLSOM, CA 95630 FOLSOM, CA 95630 2S103DD-00427 2S103DD-01300 SCHECKLA, KENNETH W SCHUMACHER, DEAN A BIBIANNE L 13800 SW 110TH AVE 10890 SW FAIRHAVEN WAY TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-06700 2S103DD-06600 SCHUMACHER, DEAN A TRAN, GIAO N/HOAN T 13800 SW 110TH AVE 10635 SW GARDEN PARK PLACE TIGARD, OR 97223 TIGARD, OR 97223 2S103DC-00600 2S103DD-06500 VAN KLEEK, JAMES A WELLS, JAMES B AND TRINA L IANORE J 10627 SW GARDEN PARK PLACE 13745 SW 110TH TIGARD, OR 97223 TIGARD, OR 97223 2S103DD-02100 2S103DD-00425 WILLIAMSON, PAUL J WITTKOP, LARRY ALAN & CARLA LY 7422 SW VIRGINIA AVENUE 10950 SW FAIRHAVEN WAY PORTLAND, OR 97219 TIGARD, OR 97223 2S103DD-04900 2S103DD-06200 WOLF, SUSAN F AND KENNETH M YANG, JOONG-MO 10660 SW GARDEN PARK PL YANAGAWA, MICHIKO TIGARD, OR 97223 10594 GARDEN PARK PL TIGARD, OR 97223 r\~ 1~ i T K A RD ENTA Y i O G N D L C c a W 1 ~ 8 D ~ Iv R • I~ 1 I I a ~ n Cu~ I ~ ~ ~ ~ ? .I 9 FAZ 1 S v F I Ell JAI f~ SITE L I , E S W - VI ~M N LN - D JpNz a ~ 1 ~1 1~ ~ `RIFT m R-4.5 PD LN ^ R-4 Q lair - 1 _ Q r L ~ f,Ivl `a T RR CT j~'y~ y T - 4 1' / _ I VI / 11 !/ri _ r ( - i ~•P IN Z ` y i RJ S TJ) EF ~ / / X111/-Tf .n 1~p (PD) LL PEP ;Z RE9 li I I U VICINITY CASE NO. 1 CUP 95-0007 MAP ~ MLP 95-0017 EXHIBIT ~p Y OF TIGARD REQUEST FOR COMMENTS DATE: January 2, 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 ➢ SCHUMACHER/ASH DUPLEX Q A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement 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: Friday - January 12, 1996. 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 Department, 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. Written comments provided below: ~~Please pmae thefo&nang information) Name of Person(s) Commenting: Phone Number(s): CUP 95-0007/MLP 950017 SCHUMACHER/ASH DUPLEX PROPOSAUREQUEST FOR COMMENTS C tc p q5--6W7 %EOUEST FOR COMMENT* NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPLICATIONS TIZEW I CI NVOEVEMENT:TEAMS;? (circle one) CIT Area: (N) (S) (D (0 " Placed for review in Library CIT Book CPO NO. CITY DEPARTMENTS; X IX, DG. DEPTJDave Scott, maa ornda( _ PQLICE DEPTJKeIIy Jennings G „e,~~ TIONS/JOhn Acker, Mamcswsr. _ CITY ADM1NJCathy Wheatley, atvRmr. %EI,IG. DEPT) , MY.aeWdv~,~,a _ OM.DEV. DEPTJD.S.T.'S ADV. PLNGJCarol Landsman, seniorwanner L-VATER DEPTJMichael Miller, ooerationsMVr. SPECIAL:..DISTRIGTS IRE MARSHALL _ UNIFIED SEWERAGE AGENCY _ TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wa. County Fire District 155 N. First Street Beaverton, OR 97075 (pick-up box) Hillsboro, OR 97124 .AFFECTED: JURISDICTIONS WA. CO. DEPT. OF LAND USE & TRANSP. _ METRO AREA BOUNDARY COMMISSION _ METRO-GREENSPACES 150 N. First Avenue 800 NE Oregon St. J16, Suite 540 Mel Huie (CPA'S/ZOA'S) Hillsboro, OR 97124 Portland, OR 97232-2109 600 NE Grand Avenue Portland, OR 97232.2736 _ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION -JIM Tice (IGA'S) Sam Hunaidi _ COOT/REGION 1 _ Mike Borreson (Engineer) PO Box 25412 Laurie NiCholson/irans. Planning _ Scott King (CPA's) Portland, OR 97225-0412 123 N.W. Flanders _ Tom Harry (Current Planning App's) Portland, OR 97209-4037 _ Lynn Bailey (Current Planning App's) _ OREGON DLCD (CPA'S20A'S) 1175 Court Street, N.E. _ OTHER _ CITY OF BEAVERTON Salem, OR 97310-0590 Larry Conrad, Senior Planner _ CITY OF PORTLAND PO BOX 4755 _ CITY OF DURHAM Planning Director Beaverton, OR 97076 City Manager 1120 SW 5th PO Box 23483 Portland, OR 97204 _ CITY OF KING CITY Tigard, OR 97281-3483 City Manager _ CITY OF LAKE OSWEGO 15300 SW 116th _ CITY OF TUALATIN City Manager King City, OR 97224 PO Box 369 PO Box 369 Tualatin, OR 97062 Lake Oswego, OR 97034 : : _ GENERAL TELEPHONE ELECTRIC _ PORTLAND GENERAL ELECTRIC _ COLUMBIA CABLE CO. Jim Wieskamp, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old SchollS Ferry Rd. 14200 SW Brlgadoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW NATURAL GAS CO. vnone:(sos 721.2"D _ METRO AREA COMMUNICATIONS _ TRI-MET TRANSIT DEVELOPMENT Scott Palmer nX (509 m-2W2 Jason Hewitt Kim Knox, Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland, OR 97209-3991 1815 NW 169th Place S-6020 Portland, OR 97232 Beaverton, OR 97006-4886 _ TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS _ SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Duane M. Forney, PLS-Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324 Portland,.OR 97201 Portland, OR 97204 Union Station Portland, OR 97209 STATE: AGENCIES'.'" 'AGENCIES,,:::: _ AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _ US POSTAL SERVICE _ COMMERCE DEPT: M.H. PARK _ FISH & WILDLIFE Randy Hammock, Growth Cord. _ PUC _ DOGAMI Cedar Mill Station _ DEPT. OF ENVIRONMENTAL QUALITY Portland, OR 97229.9998 _ U.S. ARMY CORPS. OF ENGINEERS _ OTHER h9091mpattNrtrnotlcmtt Re't 4WA f - - - a- ~4e~ o_LAi_ oo _app I ax-14ale - --~1 7 - - - Islets a~ e, sp e a v k d eA~ aaAz ate L4 e~d Lv~Tc~i ; s- - ✓ 1~I1 - w o'`- - - GL. _ro_~Qr% a vta~ - - s~ 6 - OLIA V,..t -~~C~~~ a.s C0. -O_ ~.~~D_V_?,✓- T~'a~ ~M.D~t"~P-~ ~ _d_~ - - - ` - _ 5- o coi~ 1,,Fw Q s . G Gam'` ✓g L,va. _ 6 S 10A '_AA9 eL4&~ a ce s s y~ ~p_o 1 Y Agenda Item: 2. 1 Hearing Date: January 29.1996 Time: 7:0o PM BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON 1. APPLICATION SUMMARY CASES: FILE NAME: ASH/SCHUMACHER DUPLEX Conditional Use Permit CUP 95-0007 Minor Land Partition MLP 95-0017 PROPOSAL: The applicant requests Minor Land Partition approval to partition one (1) parcel of approximately 21,730 square feet into two (2) parcels of 10,002 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. APPLICANT: Jolynne Ash 13032 Maple Leaf Post-.t® Fax Note 7671 Date # of ► Pages Aurora, OR 97002 2 L: To-To From 0 Co./Dept. Co. ~OWNER: Dean Shumacher Phone # Phone # 13800 SW 110th Avenu( Fax # 679 _20Z Fax # ~i Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1-5 dwelling units per acre). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R-4.5). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 1 Allk vONDITIONS OF APPROVAL In recognition of the findings staff recommends that the Hearings Officer approve Conditional Use Permit CUP 95-0007 and Minor Land Partition MLP 95-0017 subject to the following requirements: PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. Applicant shall provide confirmation that the frontage along SW 110th has been dedicated to a width of 30 feet from centerline. STAFF CONTACT: John Hagman, Engineering Department. 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department. 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 2 D. The Partitionlat shall include a note prohibiting dot vehicular access to SW Hall Boulevard from Lot 3. 6. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. STAFF CONTACT: Development Services Technicians. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 7. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: John Hadley, Engineering Department. 8. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division. 9. The applicant shall submit revised site and landscaping plans or obtain approval of the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The applicant shall provide an arborist report where existing trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 3 2. SECTION 18.160. Bond • A. As required by Section .18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification on a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 4 II. FINDINGS ABOATE AND SURROUNDINGS • Background Information: A street vacation request was approved by the City Council in 1990 for a portion of the property frontage on SW Garden Park Place. In 1991 the Hearings Officer approved CUP 91-0010 and MLP 91-0014 for this site for the same type of development as is proposed. This application expired after 18 months when no development activity took place. No other land use applications have been filed for this site since that time. Site size and shape: The site is approximately .49 acres in total size with dimensions of approximately 109 feet along SW 110th Avenue and 175 feet along SW Garden Park Place. Existing uses and structures: The site is presently developed with a duplex located towards the easterly property line with access to SW 110th Avenue. The remainder of the parcel is presently undeveloped. Surrounding land uses: The subject property is surrounded to the north and east by properties which are zoned R-4.5 (on the north and east sides). The adjoining areas are developed with a mixture of duplex residences and detached single family residences along the west side of SW. 110th Avenue. III. APPLICABLE APPROVAL STANDARDS Community Development Code: Section 18.50 (R-4.5 Development Standards) allows a duplex subject to approval of a Conditional Use Permit. The Development Code defines a duplex as two attached single family dwelling units. The development standards set forth for residential development in Section 18.50 are partially superseded by the Conditional Use Permit standards set forth in Section 18.130 which are reviewed elsewhere. A maximum height of 35 feet is permitted for habitable structures. The applicant has not provided building elevations for the duplex however the building height will be reviewed for compliance with the maximum height standard prior to the issuance of Building Permits. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. This section does not require specific land use buffers between a duplex and a detached single-family dwelling, therefore, this section is found to be inapplicable. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 5 Section 18.102 (Visual41learance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. The proposed site improvements will be reviewed for these requirements prior to the issuance of Building Permits. Section 18.106 (Parking) specifies a parking ratio of two off-street parking spaces for each dwelling unit. The site can be developed in accordance with this requirement. The site will be reviewed for compliance with these requirements prior to the issuance of Building Permits. Section 18.108.080 (Access) requires that a minimum of a 15 foot driveway with 10 feet of pavement required where up to two lots are being served. The existing driveway appears to be less than 10 feet in width. The applicant has proposed to share the existing common driveway onto SW 110th Avenue for both the existing and the proposed duplex. The existing driveway width will be reviewed prior to the issuance of Building Permits and where necessary, will be required to be widened prior to issuance of Certificate of Occupancy. Section 18.130.040 (Conditional Use Permits) contains the following general approval criteria for a Conditional Use: 1. The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2. The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3. All required public facilities have adequate capacity to serve the proposal. 4. The applicable requirements of the zoning district are met except as modified by this chapter. 5. The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are met. 6. The use will comply with the applicable policies of the comprehensive plan. The site complies with the dimensional criteria for development of a duplex as is reviewed in detail in this report. On three sides, the surrounding residential properties are developed with duplex structures of varying architectural themes. Although no building elevations were provided the applicant can use one of several architectural plans and be compatible with the adjoining neighborhood. Public facilities are available or can be made available to serve this addition. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 6 Section 18.130.150 (C)(15) provides development standards for the development of a duplex. Sections (a-c) require that a minimum of 10,000 square feet be provided for a duplex, that the structure comply with the Solar Accessibility Standards of Section 18.88 and that the duplex comply with the underlying dimensional requirements of the zoning district. The parcel size as proposed complies with the 10,000 square foot requirement. Because the lot exceeds a minimum dimension of 90 feet within 30 degrees of a north-south direction, the parcel meets the Basic Standard and complies with Solar Accessibility regulations. Prior to issuance of Building Permits, the future structure on the site will be required to comply with the Solar Balance Point criteria of the Solar Accessibility requirements. The criteria contained within Section 18.114 (Signage) and 18.120 (Site Development Review) are addressed elsewhere within this report, or are deemed to be inapplicable because this development is not a commercial or multiple-family residential project. The Comprehensive Plan presently designates this site Low Density Residential for 1-5 dwelling units per acre. The density proposed by this development is consistent with development standards of the R-4.5 Zoning District which implements the density range provided in the Comprehensive Plan. The Development Code's development regulations implement the policies of the Comprehensive Plan. The applicable standards are reviewed in detail within this report Tree Removal: Section 18.150.025) requires an arborist report for Conditional Use Permit applications where trees in excess of 12 inches in diameter measured four feet above the ground level are proposed to be removed. The applicant did not provide this report but had stated that trees are to be removed as necessary to develop the proposed duplex and related site improvements. Based on the limited number of trees which exist on the portion of the site to be developed with the new duplex it is not clear that any trees need to be removed to construct the proposed site improvements. The applicant shall provide an arborist report where trees in excess of 12 inches in diameter are to be removed. The report shall be accompanied by a tree mitigation plan to identify where replacement trees would be planted. Minor Land Partition Section 18.162.040 contains the following general approval criteria for review of a Minor Land Partition: The proposal conforms with the City's Comprehensive Plan; The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public facilities are available to serve the proposal; All proposed lots conform to the size and dimensional requirements of this title; and HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 7 All proposed improvemck meet city and applicable agenclitandards (Ord. 89-06; Ord. 83-52). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R-4.5 Zoning District. The parcels as proposed would allow the development of two residential dwelling units for the lot to be created. The existing duplex on the property will also continue to comply with the development standards of the R-4.5 Zoning District in terms of the minimum lot size and setbacks requirements. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .49 acre R-4.5 property. Upon completion of the appeal period the development will have complied with the preliminary statutory development review requirements. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) are reviewed within the Engineering Departments comments contained elsewhere within this report. The new parcels do not exceed a two and one half, to one, length to depth ratio. The parcels would both average in excess of 90 feet width as required to develop a duplex. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R-4.5 Zoning District. All proposed improvements will comply with City and applicable agency standards prior to the issuance of Building Permits. Both parcels comply with the Basic Solar Access requirements because the north-south lot dimension exceeds 90 feet in length. The development or redevelopment of structures on both parcels will also be required to comply with Solar Balance Point Standards of the Solar Accessibility standards. Section 18.162.050 contains the following provisions for lots created through the partition . process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Setbacks: Setbacks shall be as required by the applicable zoning district. Front Yard Determination on flag lots: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 8 Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. Reciprocal Easements: Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. Where landfill and/or development is allowed within or adjacent to the one- hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The parcels will exceed the area requirement of 10,000 square feet set forth within the R- 4.5 Zoning District for sites to be developed with a duplex. Each newly created parcel would have in excess of 90 feet in average width. Standards for setbacks, landscaping, and clear vision requirements, will be reviewed prior to the issuance of Building Permits. The proposed lots will each have in excess of 15 feet of frontage on the existing public streets. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Prior to the issuance of Building Permits fire hydrants shall be consistent with Uniform Fire Code standards. A reciprocal access maintenance agreement is required to maintain the proposed joint access easement which is proposed to serve both the existing duplex and the proposed duplex. Both properties have direct frontage on a public street. The property is not located within the 100-year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100-year flood plain, dedication of areas for pathway purposes is not applicable. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 9 Section 18.164.030(E) requires a Minor Collector Street to have a minimum of 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. Section 18.164.070(A) requires sidewalks adjoining both sides of a Minor Collector Streets and Local Streets. Section 18.164.090 requires sanitary sewer service. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The streets and utility requirements for this development have been reviewed by the Engineering Department below. IV. OTHER STAFF COMMENTS Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right-of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right-of-way and half street improvements. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. Storm Sewer: The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. HEARING'S OFFICER CUP 95-00071MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 10 V. AGENCY COMMAS • The Tualatin Valley Fire District reviewed this application and provided the following comments: Hydrants shall be placed so that all portions of the exterior walls of buildings (500 feet for commercially sprinklered buildings). Location of hydrants and supply piping to said hydrants for water supply, shall be approved by this office. There must be a hydrant within 500 feet of all portions of the structure. No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use Permit and Minor Land Partition requests will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after,this decision complies with applicable local state and federal laws. Prepared By: Mark Roberts Date Associate Planner HEARING'S OFFICER CUP 95-0007/MLP 95-0017 - ASH/SCHUMACHER DUPLEX Page 11 yq.2~125~~~ ~ LLB -7r• 22. Garden park Place sw 0000 . ~S 1r+~' 1 W 1 ° O ~ ~ 561 ' V 6q•ga -76 go.-7 't 7?0 ~r H3J r p / lV VOO -7 50 :Park Place 3 • - SW Garden C ASS tAo 1 cuP 95.0007 . J1 ~ ALP 95.po17 PLAT P E X~11B I1 i ' 1 I ~ I I I I I ST S1' I~I i VEN CL :(D Q N PARK PL -GAR SITE--- ' C. 1 C:! I i o U~ Vicinity Map CUP 95-0007/NU 95-0017 Note: Map is not to scale N ASH DUPLEX CITY OF TIGARD /A~ HEARING'S OFFICER Ito JANUARY 29;1996 7:00 P.M. CITY OF TI GAR D 13125 SW HALL BOULEVARD OREGON TIGARD, OR 97223 [0,!:01 c4nyone wishing to speak on an agendA: item should sign on the appropriate sign4n sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Planning Commission meetings by noon on the Monday prior to the meeting. Please call (503) 639- 4171, Ext. 320 (voice) or (503) 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: ➢ Qualified sign language interpreters for persons with speech or hearing impairments; and ➢ Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above. (OVER FOR MEETING AGENDA ITEM(S) TIGARD HEARING'S OFFICER PAGE 1 OF 2 1/29/96 PUBLIC HEARING h:\Iogin\patty\masters\agendho.mst • CITY OF TIGARD HEARINGS OFFICER JANUARY 29, 1996 - 7:00 P.M. AGENDA 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 CONDITIONAL USE PERMIT (CUP) 95-0007/MINOR LAND PARTITION (MLP) 95-0017 ➢ ASH/SCHUMACHER DUPLEX Q The applicant requests Minor Land Partition approval to partition one (1) parcel of 11,728 square feet. The applicant has also approximately 21,730 square feet into two (2) parcels of 10,002 and requested Conditional Use Permit approval to develop a duplex on the 10,002 square foot parcel. Low Density Residential (1-5 dwelling units per acre). LOCATION: 13800 SW 110th (WCTM 2S1 03DD, tax lot 1300). ZONING DESIGNATION: Low Density Residential 4.5 units per acre (R- 4.5). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. 2.2 SENSITIVE LANDS REVIEW (SLR) 95-0016 ➢ PASTOR/VANN A request for Sensitive Lands Review approval to allow cut and fill within the 100- year floodplain and associated wetlands. The proposed cut in the floodplain is approximately 5,356 cubic yards, with approximately 4,080 cubic yards of fill, leaving an excess of 1,276 cubic yards of cut. The proposal would also disturb approximately 42,861 square feet of wetland to be mitigated with approximately 108,714 square feet of wetland. LOCATION: 15245 SW 74th Avenue (WCTM 2S1 12DB, tax lot 700). COMPREHENSIVE PLAN DESIGNATION: I-L (Light Industrial). ZONING DESIGNATION: I-P (Industrial Park). APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.84. Comprehensive Plan Policies 2.1.1, 3.1.1, 3.2.1, 3.2.2, 3.2.3, 3.2.4. 3. OTHER BUSINESS 4. ADJOURNMENT TIGARD HEARING'S OFFICER PAGE 2 OF 2 1/29/96 PUBLIC HEARING h:\login\patty\masters\agendho.mst CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 29, 1996 AT 7:00 PM. IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 FILE TITLE: SCHUMACHER/ASH DUPLEX APPLICANT: Jolynne Ash OWNER: Dean Schumacher 13032 Maple Leaf 13800 SW 110th Avenue Aurora, OR 97002 Tigard, OR 97223 REQUEST > A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). APPLICABLE REVIEW Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, CRITERIA: 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL . ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684- 2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. CUP 95-0007/MLP 95-0017 SCHUMACHER/ASH DUPLEX PROPOSALIREQUEST FOR COMMENTS ANYONE WISHING TO PRESE NRITTEN TESTIMONY ON THIS *POSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THABLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JANUAR 8. 1996 ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND, PRECLUDES AN APPEAL AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MARK ROBERTS AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. i I ! I Ip I J ~ FrVRHA j~ ~ i t I I ~ I I I I j/1 ~ 1 I I I ! 1 ~ SITE- ~ PARK'~~~ l 1 1 i ;7/ I i CUP 95-00071MLP 95-0017 SCHUMACHERIASH DUPLEX PROPOSAUREOUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD TO: Mark Roberts FROM: Greg Berry 9* DATE: January 22, 1996 SUBJECT: CUP 95-7, MLP 95-0017 Schumacher/Ash Duplex The applicant proposes to partition a 0.5 acre parcel into two residential lots near the southeast corner of SW 110th Street and SW Garden Park Place to accommodate an existing house and a proposed duplex. Findings: 1. Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right-of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right-of-way and half street improvements. 2. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. 3. Storm Sewer: ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 1 The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. RECOMMENDATIONS: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 4. Additional right-of-way shall be dedicated to the Public along the frontage to increase the right-of-way to 30 feet from the centerline. The description shall be tied to the existing right-of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639-4171). 5. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 6. Final Plat Application Submission Requirements: ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 2 A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. D. The Partition plat shall include a note prohibiting direct vehicular access to SW Hall Boulevard from Lot 3. 7. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTION OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 3 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 4 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: Renae Simmons, Engineering Department (639-4171) 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division (639-4171). APPROVE Gary Alfson, ct City r. e NAENGINEER\MLP95-17gnb ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 5 MEMORANDUM CITY OF TIGARD TO: Mark Roberts FROM: Greg Berry DATE: January 19, 1996 SUBJECT: CUP 95-7, MLP 95-0017 Schumacher/Ash Duplex The applicant proposes to partition a 0.5 acre parcel into two residential lots near the southeast corner of SW 110th Street and SW Garden Park Place to accommodate an existing house and a proposed duplex. Findings: 1. Streets: Access to the existing house is provide by an existing gravel driveway to 110th Avenue. The proposed access for the duplex is provided by a common driveway also to SW 110th Avenue. The frontage along SW Garden Park Place, a local street, has existing right-of-way of 50 feet in width as a result of a right- of-way dedication referred to by the applicant's submittal. The applicant should confirm this dedication. The street frontage is unimproved except for a partial width pavement. The adjoining frontage is fully improved except for sidewalk. SW 110th Avenue, a minor collector, is unimproved along the frontage but fully improved along both adjoining frontages. The applicant has proposed to provide the required additional right- of-way and half street improvements. 2. Sanitary Sewer: Sanitary sewer service is provided by extending a public line from the existing sewer in SW Garden Park Place. 3. Storm Sewer: The applicant proposes to provide storm drainage by extending the storm drain in SW 110th Avenue. Recommendations: ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 1 % ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. Standard half-street improvements, including concrete sidewalk, curb, asphaltic concrete pavement, sanitary sewer, storm drainage street lights, and underground utilities shall be installed along the frontage of SW Garden Park Place. Improvements shall be designed and constructed to local street standards and shall conform to the alignment of existing adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 2. Standard half-street improvements, including concrete sidewalk, curb, driveway aprons, asphaltic concrete pavement, storm drainage, street lights, and underground utilities shall be installed along the frontage of SW 110th Avenue. Improvements shall be designed and constructed to minor collector street standards and shall conform to the alignment of adjacent improvements or to an alignment approved by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 3. Applicant shall provide confirmation that the frontage along SW Garden Park Place has a width of 25 feet from centerline. STAFF CONTACT: Greg Berry, Engineering Department (639-4171). 4. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639-4171). 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard. D. The Partition plat shall include a note prohibiting direct vehicular access to SW Hall Boulevard from Lot 3. ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 2 6. The applicant shall pay a fee in-lieu of an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST 1. SECTION 18.160.170 Improvement Agreement A. Before approved construction plans are issued by the City, the Applicant (subdivider) shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the applicant. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the applicant shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The applicant shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 3 C. The applicant shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. D. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. E. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. F. 18.164.200 Engineer's Certification Required 1. The applicant's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the public works improvements or any portion thereof for operation and maintenance. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1. Provide the Engineering Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. STAFF CONTACT: Renae Simmons, Engineering Department (639-4171) 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: David Scott, Building Division (639-4171). ENGINEERING COMMENTS MLP 95-0017 Schumacher/Ash Duplex PAGE 4 RECEIVED PLANNING JAN 19 1996 TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE DEPARTMENT • 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526-2469 • FAX 526-2538 January 15, 1996 Mark Roberts City of Tigard Planning Department 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Schumacher/Ash Duplex 13800 S.W. 110th CUP 95-0007 File Number: 521-96 Dear Mark: This is a Fire and Life Safety Plan Review and is based on the 1991 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. This plan review shall become a part of the approved plans and attached thereto. Plans are approved subject to the following: Hydrants shall be placed so that all portions of exterior walls of buildings, measured along the outside and along access roadways, are no more than 500 feet away for private residences or 250 feet for all commercial buildings (500 feet for commercially sprinklered buildings). Location of hydrants and supply piping to said hydrants for water supply, shall be approved by this office. There must be a fire hydrant within 500 feet of all portions of the structure. If you have any questions or need additional information, please contact me at 526-2456 referring to the above file number. Sincerely, Jerry L. Renfro, DFM Plans Examiner JLR:kw "Working" Smoke Detectors Save Lives R*Ep PLANNING JAN 1996 Y OF TIGARD REQUEST FOR COMMENTS 4.,w DATE: January 2, 1996 TO: Michael Miller, Operations Water Department Manager FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 ➢ SCHUMACHER/ASH DUPLEX Q A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement 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: Friday - January 12, 1996. 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 Department, 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. Written comments provided below: (Please provide thefozuing infomation) Name of Person(s) Commenting: Mite /ac- Phone Number(s): CUP 95-00071MLP 950017 SCHUMACHER/ASH DUPLEX PROPOSAUREOUEST FOR COMMENTS RECEIVED PLANNING .1 A N 0 5 199 CITY OF TIGARD REQUEST FOR COMMENTS ,,pp DATE: January 2, 1996 TO: Dave Scott, Building Official r FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CONDITIONAL USE PERMIT (CUP) 95-0007 MINOR LAND PARTITION (MLP) 95-0017 ➢ SCHUMACHER/ASH DUPLEX Q A request to partition one (1) existing lot of approximately 21,728 square feet into two (2) lots of 10,000 and 11,728 square feet. The applicant has also requested Conditional Use Permit approval to develop a duplex on the newly created parcel at the south east corner of SW 110th Avenue and SW Garden Park Place. LOCATION: 13800 SW 110th Avenue (WCTM 2S1 03DD, tax lot 1300). ZONE: R-4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.92, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130, 18.150, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement 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: Friday - January 12, 1996. 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 Department, 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. Written comments provided below: ~6\4/ S ~~Please pmae tkefo&nang information) Name of Person(s) Commenting: i Phone Number(s): ,UP 95-0007/MLP 95-0017 SCHUMACHERIASH DUPLEX PROPOSAUREQUEST FOR COMMENTS I. rL i J 111 ` r,l 1, C.~a .q rlj~t EI^ll~{I i1,~~'.' •1 i I~• y kli, 4. r t u~' ~."i 5~~ _ , 'til fp<~, 1'F;~1 '1•''b{•i! li-' 'I Ill~fSyy~( 14 ~{,i ; I ~+t~;+f~,j' 1~~T~;,7+~~1,.4~•, r ~ µ~y,'+' ,aR' ty~ 1 Lt1!`:'.}i5~ lot,~ •t rjl.l'r t, i}t 4 '9 4 , yy~,;j i .R;1 ,i • •~".,,E4, y'f '~~~p•I i7'1 r ril7~' ' iii C ,~'1~'ti ~ 7 ~a'~f~'~'~~+4' vl 1'• it ( ' 1A~ Ir ,r ~ .w , fy ti K~ 1 1 .1 F ,(,I w', 's 4: ' COMMUNITY NEWSPAPERS, INC. . Legal k Notice TT 8 3 8 4 P.O. BOX 370 PHONE (503) 6640360 j r~• BEAVERTON, OREGON 97075 ' Legal Notice Advertising ! IAN 21 Syr. ` eCity of Tigard El Tearsheet Notice i' e13125 SW Hall Blvd. ^:11Y. Ok TIGARt) a`•'' Tigard,Oregon 97223-8199 ❑ Duplicate Affidavit 7 14 rings Officer on Mon- Accounts Payable-Terry The following will be considered by the Tigard Hea ' :day, Januarv 22, 1996, at 7:00 P.M.; at Tigard Civic, enteri `Ibwn Hall, 13125 S.W. Hall Boulevard; Tigard, Oregon, Both public, oral Md'written testimonyy 18 invited. The public h ring:pn, this mattef *111 be conducted in accordance with the rules o ==Chapter 18.32 of the Tigard Municipal AFFIDAVIT OF PUBLICATION ;'Code, and es and prnceddreAt tfie Wirings Officer. Failuie to raise an STATE OF OREGON, ,..,issue in'pe.rson or by letter acco#nppanie~ byy statements.or evidence suffi- 000NTY OF WASHINGTON, )ss. ~cient to allow the heaiingg authprity and' parties to respond prec;~ddes an appeal',- end failure •to spe4tf y,' the ijiterion from the Community I YA~y-Snyder Developpment.Code;gi,,5 mpre('enslve Plan at which a itommentis being first duly sworn, depose and say, that I am the AdvQrtising, ' S directed;preetudes 8n appeal Wed-on that criterion. further, information Director, or his principal clerk, of theaard-Tualatin Pimp ?'may be obtained•frotn•the Planning.pivision at'.13125•S.Wt Hall • a newspaper of general circulation as defined in ORS 193.010 Boulevard.Tlgard,:O!egon 9722 , or by calling (503) 639-4171. ' and 193.020; published at Tigard _in the aforesaid county and state; that the PUBLIC HEARING: Syr' r[TA gR QQ(17 ~nhumacher /Ash •s•.•- a printed copy of which is hereto annexed, was published in the CONDITIONAL I pFiR_MI • (CUP) 95-0007 MINOR LAND PARTITION (U) 95-0017 Ari entire Issue of said newspaper for ONE successive and a;Mi( consecutive in the following issues: A request 10 partiticfe'' nes ng8 lot of approximately 21,728 square feet into two'lots of.10,000,andFl It,728 square, eet. The applicant has also re- quested •Coitditionat t1se- Permit ipproj►al to developp a duplex. on the January --newly created-ppaar~ceel;.at the'iouth east cofner of S:W:eI'lOth;Aveuo and ~S.W. OArde't ailke N',LOCATION: 13800 S1W: 110th?Avenue (WCTM 2S A ~03Db 'i" "I' 0' 1300).' ZONE: R-4.5, (ResidefitW, d`A wits per acre). he =4 'oge'ailows sin e`famil residendalidniti.,public support fa ;ltie~,•resideatlal trerstment home, farming, manufactured home, fam y dayare;'home occttpatiori, temporary tile, residential'fuel 18th day o f J anus ' tank, and' ccessorryy structures.-.A duplex is also permitted -in the R-4.5 Subscribed and sworn t fore me this zoningg~district;'subject to approval of a Conditional Use Permit. AP- '1: _ `PLICAB11 REVIEW CRITERIA: Community Development Code Chw ters 18.50. 18:92,18.1OtS,18.102,18.106~;18.108,18,120,18:130,•18.150, N Public for Oregon 18.162 nnd:18164: My Commission Expires: I s' "•r RNA%MW AFFIDAVIT i ; ; 4' r't t ,J ~ t , l ~ ~')!r ,,d + Y 1C.$„+'.' !Y. t44-.n - I. -i. ti.l>; Ir 1•', 2.1'. ' a: Y; i;t ~a•4'i, .'f li 4 (l, itr',J (I (I, i4 , vMl! 1(, t{. - t J, = afY • aJ, { . tY7,1~ At "t A i ih' +1~1~."iUtl) +li t. .FSbJ `>r'+ I,E:1~ 1 rtl~'i