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MLP1996-00009
EXHIBIT A • CITY OF TIGARD CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 96 - 05PC q BY THE PLANNING COMMISSION Case Number(s): MINOR LAND PARTITION (MLP) 96- 0009/ZONE CHANGE (ZON) 96 -0005 Case Name(s): GRECO Name of Owner: Leonard Greco Name of Applicant: Same as Above Address of Applicant: 21902 SW Columbia Circle City: Tualatin State: Oregon Zip: 97062 Address of Property: 11435 SW Fonner Street City: Tigard State: Oregon Zip: 97223 Tax Map & Lot No(s).: WCTM 2S1 3AC. Tax Lot 1000 Request: > A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. 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 Sections 18.50.050, 18.162.040, 18.162.050 and 18.164. Action: > ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON JULY 1, 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 JULY 1,1996. Questions: If you have any questions, please call the City of Tigard Planning Dept. at (503) 639 -4171. MLP 96-0009/ZON 96-0005 GRECO NOTICE OF FINAL ORDER BY THE P.C. NO. 96 -05PC r r CITY Of TIGARD PLANNING COMMISSION FINAL ORDER NO 96-05 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING AN APPLICATION FOR A MINOR LAND PARTITION AND ZONE CHANGE. SECTION I. APPLICATION SUMMARY CASES: FILE NAME: GRECO Minor Land Partition MLP 96 -0009 Zone Change ZON 96 -0005 PROPOSAL: The applicant requests the following development applications; 1. Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2. Zone Change approval to designate the property with R-4.5 zoning. APPLICANT: Leonard Greco OWNER: Same 21902 SW Columbia Circle Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Low. ZONING DESIGNATION: R-4.5. LOCATION: 11435 SW Fonner Street; (WCTM 2S1 3AC, Tax Lot 1000). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50.050, 18.162.040, 18.162.050, and 18.164. SECTION II. DECISION Notice is hereby given that the Planning Commission has APPROVED the: above: proposal subject to certain conditions: :The findings and conclusions on which the_ decision is based are noted in Section IV: PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 1 g ONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE PARTITION PLAT: (Unless otherwise noted, the staff contact shall be Brian Rager, • Engineering Department (503) 639 -4171.) 1. 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. 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. C. The right -of -way dedication for SW Fonner Street, to provide a total of 30 feet from centerline, shall be made on the partition plat. 2. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate 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. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, that are available at City Hall. 3. Prior to approval of the final plat, an agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Fonner Street. 4. Prior to approval of the final plat, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. • 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 6. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150 feet shall provide for an emergency vehicle tumaround. Staff Contact: Will D'Andrea, Planning Division. PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 2 7. All concentrated litn water from new construction on`!1f 1 shall be conveyed to the existing creek through an easement to be provided in lot 2. 8. Revised plan that shows the provision of a 10- foot -wide paved driveway. 9. Removal of the two existing residences. The applicant shall obtain a demolition permit from the Building Division. PRIOR TO THE ISSUANCE OF. BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site History: The property was annexed, March 7, 1996 through direct action by the Portland Metropolitan Area Local Government Boundary Commission. Typically, properties first receive Zone Change Annexation approval through the City, at which time zoning is assigned, prior to making application at the Boundary Commission. This property was added on to an annexation request at the Boundary Commission that had not previously received Zone Change Annexation approval. Therefore, while the property is officially a part of the City, it has not been assigned a zoning designation. This application requests that the Planning Commission assign the appropriate zoning designation to this property. Vicinity Information: Property to the north and northeast are zoned R-4.5 and are developed with single - family residential development. Property to the east, south and southwest are under the jurisdiction of Washington County and are developed with single - family residential development. Site Information and Proposal Description: The 1.27 acre site is currently developed with three residential structures. The property contains a number of mature trees and contains a drainageway on the northern portion of the property. The applicant is proposing to demolish two of the structures and to partition the 1.27 acre parcel into two parcels of 33,600 and 18,900 square feet. The 18,900 square foot lot will be developed with a single - family residence. The applicant PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96- 00092ON 96-0005 - GRECO PAGE 3 also requests a zone ch ge to designate the property with R-4.5 (Residential, 4.5 units per acre) zoning designation, the most comparable zoning to Washington • County's R -5 (Residential, 5 units per acre) zone. The designation is necessitated by the Boundary Commission's annexation approval which did not assign a zoning designation. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Minor Land Partition - Approval Standards: Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89 -06; Ord. 83 -52). The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. This proposal, therefore, is not in conflict with the Low Density Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal or shall be conditioned to be provided with this approval. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district 2. 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. 3. 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. PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 4 • • 4. Setbacks: Setbacks shall be as required by the applicable zoning district 5. Front Yard Determination for Flag Lot: 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. 6. 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 7. 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. 8. 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. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. 10. Floodplain: 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. Criteria 1 is satisfied as the minimum lot widths of lots 1 and 2 are 105 and 120 feet respectively, thereby, exceeding the 50 -foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 18,900 and 36,300 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the Tots contain approximately 105 and 15 feet of frontage on SW Fonner Street, satisfying the minimum 15 -foot width requirement. As indicated on the proposed plan, Criteria 4 is satisfied on lot 2 as setbacks are provided in accordance with R-4.5 zoning setbacks. Criteria 4 shall be satisfied on parcel 1 as setbacks will be reviewed when it is built upon. The plan shows that the existing structures will be removed. The removal of these structures must be completed prior to recording the partition plat. Failure to remove the middle structure would result in a violation of setback criteria. Criteria 5 is satisfied on lot 2 as the applicable setbacks have been provided. Criteria 5 is not applicable to parcel 1 as it is not a flag lot. Criteria 6 is not applicable as there is an existing driveway that serves the existing house and the future house on lot 1 will share this existing driveway. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Southwest Fonner Street is designated as a PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96-0005 - GRECO PAGE 5 minor collector street on *Comprehensive Comprehensive Plan Transportatiolkap. The City limits the number of individual driveways that directly access such collectors. The newly created lot will share the existing driveway. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map, thereby, satisfying Criteria 8. Criteria 9 is partially satisfied as the plan provides for a common drive with a minimum 15 -foot access width. Section 18.108.070 states that a minimum pavement width of 10 feet is required for a driveway serving two lots. In addition, access drives in excess of 150 feet in length shall provide for an emergency vehicle turnaround. This access shall be a level, hammerhead - configured, paved surface, with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an approved plan, for an emergency vehicle turnaround, from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither parcel is within the floodplain. Section 18.88.010 (Solar Access) states that all newly created Tots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement 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. As proposed, the newly created lot will meet the basic requirement as it provides a north -south dimension of 90 feet and has a front lot line that is oriented within 30 degrees of a true east -west axis. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Fonner Street, which is classified as a minor collector to be built to the following standard: 60 -foot right -of -way (ROW), two 14 -foot travel lanes, one 12 -foot center turn lane, and two five -foot sidewalks. At present, there is only 40 feet of total ROW adjacent to this site (20 feet each side of centerline). The applicant, as a part of developing this site, will be required to dedicate additional ROW in Fonner Street to provide 30 feet north of centerline. Currently, Fonner Street is a two -lane paved street that is not built to City standards, but functions well under current traffic loads. Since this partition will not significantly increase the amount of traffic on the roadway, the City will not require the applicant to make street improvements at this time. Instead, the applicant will be required to enter into a non - remonstrance agreement which will obligate the property owner(s) to participate in the future widening of the roadway. SANITARY SEWER: There is an existing eight -inch public sanitary sewer line approximately 100 feet east of this site that is available to serve the proposed lots. The applicant proposes to extend the public line west in Fonner Street to the west boundary of the site. According to City PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 6 as- builts, the depth anddpacity of the sewer line should b adequate to serve this property STORM DRAINAGE: The topography of this site slopes toward the north into a local drainage channel. The applicant has indicated that the new homes will drain toward the channel. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) that requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. However, in this case, there are existing homes on this site and the applicant will not be required to address this issue. GRADING AND EROSION CONTROL: USA R &O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. ZONING DESIGNATION: Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community. This section is satisifed as the applicable plan policies related to the proposal are reviewed below. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not applicable. The applicable standards of any provision of this code or other applicable implementing ordinance. All other applicable provisions are satisfied as discussed by this analysis and review process. PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 7 Evidence of change in neig hborhood or community or a Stake or inconsistenc 9 9 tY inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. The inconsistency in the zoning map that relates to this property is the fact that the Boundary Commission approved the annexation, a specific zoning designation was not assigned as part of the annexation, and the site already has a low density Comprehensive Plan map designation. Assigning a specific zoning designation removes the inconsistency in the zoning map. As stated before, the specific R-4.5 zone to be assigned is dictated by policies in the City's Comprehensive Plan, City Community Development Code and the Urban Planning Area Agreement between Washington County and the City. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Annexation: Policy 10.1.3 states that upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the County zoning designation. This policy is satisfied as the City R-4.5 (Residential, 4.5 units per acre/7,500 square foot minimum lot size) zone is the closest zone to the Washington County R -5 (Residential, 5 units per acre/7,000 minimum lot size) zone. SECTION V. OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: It appears that water and sanitary will go independently to each lot. Storm sewer - since topography is downhill from the street to the creek, lot 2 should provide an easement (for storm) to lot 1 so that storm can go to the creek. Condition: All concentrated storm water from new construction on lot 1 shall be conveyed to the existing creek through an easement to be provided in lot 2. No other comments or objections have been received. SECTION VI. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the following comments: Access roadway to parcel 2 shall be not less than 15 feet drivable surface. Hydrant shall be within 500 feet of all portions of structures. Submit plans for review and approval. No other comments or objections have been received. • PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 8 SECTION VI. CO *LUSION AND RECOMMENDAON It is further ordered that the applicant and the parties to these proceedings be notified of the entry of this order. PASSED: This 19th day of June, 1996 by the Planning Commission of the City of Tigard. (Signature box be «w) Nick W .on, City of Tigard Planning Commission President PLANNING COMMISSION FINAL ORDER NO. 96-05PC MLP 96-0009/ZON 96 -0005 - GRECO PAGE 9 -I m m 11 rn "Cl r =O . 11 `° -t) CL • —s K r ;:a • . '' o • A • \\\ ...• -Q•s p•w _c It r... . S" %'' 4 C K ? • 0 T• r . y r \ ,1114, irc .-- 0___N... -k - F....Ili, , r , I ........ 8 - MST ....., n •-a` -n '�- ...air - - - rr. 1% T IR w3 C) 9 1. . 1 ?•i• -nor.- 'lets. T • c 7 •-t - ..4" -- „, xt. i�S.q. 3.003 • c*� T M D CD 412 m 050 o it 4 eoo Z co 0 0 a+ diii _____ __ r CITY OF _ TIGARD PLANNING DEPT. . 1 - • - _L__ j L___ --___ .± IN 0111111111111111 ,. an ., tina _ ti __,__a : c :1111ON .0 1 i gm ____-: .ig g a . — a - mi = 4°1 a 9 11 1 . 411, CX ji . WI „„ ''4 at *A -ig. a pARcEL__. >0, lot HUM A L I ! C 1 % n , n CU i i I ' -1 \ \‘ an ft . t orr4 . N I_ rfila wouvWrib>.**ilri 1 1 7 1 1 1 , . 4 OA/44AI I 0 :1 2& S it * ,ZO 41 4 tA ikiri ,s, VcwrybSap A mew0wnxanoms � NOTICE OF FINAL ORDER BY THE PLANNING COMMISSION NO. 96 -05 PC (Page 1 of 1) MLP 96- 0009 /ZON 96 -0005 1110 GREW 1410 3 •MIKE MILLER • ALPHA ENGINEERING •9600 SW OAK PORTLAND OR 97223 LEONARD GREW 21902 SW COLUMBIA CIRCLE TUALATIN OR 97062 • • 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 sworn/affirm, on oath depose and say: that I am an Administrative Specialist I1 for The City of Tigard, Oregon. 0 That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (cheat 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 0 That I served NOTICE OF (AMENDED ❑) DECISION FOR: (cerch box above, rapplicable) City of Tigard Planning Director El/ That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: (cheat 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 •e PUBLIC HEARING NOTICE/NOTICE OF DECISION /NO i` E OF FINAL ORDER/OTHER NOTICE(S) of which is . ttached, marked Exhibit "A ", was mailed to z- ;••/. person(s) at the addres)(s) shown on the attached lis s), marke• hi.' B ", -•n .thr / , „O D d`/ o . ,j_' 1990 , and deposited in the Unit: • States ail on ' - # • : y of i1f .,, 199 _ - , postage prepaid. , • ye /.GL:. / . L AI L _ Nay Pre I Notice Subscribed and sworn /affi I -d before me on the day of a-ithr_, 19 OFFICIAL SEAL e , 6 DIANE M JELDERKS NOTARY PUBLIC- OREGON ' 1 u o L ` COMMISSION NO.046142 w- — - MY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOTARY PUBLIC IF • REGON My Commission Ex, es: ( FILE INFO.: P=7 � ,� NAME(S): 6 ) • 2 /) 7, 0 �I CASE NO.(S): A/( LP% -000q /zolv e1 c v& TYPE OF NOTICE & DATE: 0 CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: MINOR LAND PARTITION (MLP) 96 -0009 ZONE CHANGE (ZON) 96 -0001 FILE TITLE: GRECO OWNER/ Leonard Greco APPLICANT: 21902 SW Columbia Circle Tualatin, OR 97062 (503) 692 -1803 REQUEST: A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 and 18.164. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. 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. CIT: Central CHECK ALL WHICH APPLY: _ STAFF DECISION: COMMENTS DUE BACK TO STAFF ON 1996 X PLANNING COMMISSION DATE OF HEARING: TIME:7:30 _ HEARINGS OFFICER DATE OF HEARING: TIME:7:00 CITY COUNCIL DATE OF HEARING: TIME:7:30 ATTACHMENTS X VICINITY MAP _ LANDSCAPING PLAN NARRATIVE _ ARCHITECTURAL PLAN X SITE PLAN OTHER: STAFF CONTACT: Will D'Andrea - 639 -4171 x315 MLP 96- 0009/ZON 96-000t� GRECO NOTICE OF DECISION /PROPOSAL 1 AU,,, CITY OF TIGARD, OREGON PARTITION APPLICATION CITY OF TIGARD, 13125 SW Hall Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. _MCP W 19 -d q GZ� qL 6Y OTHER CASE NO'S: RECEIPT NO. %- 2.7TO57 APPLICATION ACCEPTED BY: (a /914 DATE: MT(*) GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION 11435 SC.) f oN. a) (A) Application form (1) (B) Owner's signature /written :IX MAP AND TAX LOT NO. 4 s i 11,C)0 authorization (C) Title transfer instrument (1) ;ITE SIZE 1.A1 �G (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER* LED i, - R SI R, &.c...D (E) Plot plan (pre -app check list) ADDRESS A pci Da o.b► A far, PHONE befla (F) Applicant' s statement CITY - TimI ZIP 6 11O(d (pre -app check list) APPLICANT* LCpNpt24 GaEC..0 ADDRESS Altotb.9, ¶ 2'al umhip, ' ( PHONE g - CITY -- 6 A.4. N.) ZIP q"wq (H) Filing fee (1235) *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 DU ERMINED TO BE COMPLETE: from the owner or an agent of the owner with written <c//4V94 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 STJNNARY The owners of record of the subject property request permission to divide 1,10 fie. N.P.O. Number: (total area) into containing 1oRA2? Planning Director Approval Date: (No. ok parcels) )452 /,o4 j W , and acres (or square feet each). Final Approval Date: Planning Engineering 0519P/13P Recordation Date and Number: Revd: 3/88 s 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: O 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 ' (0. day of IV' AI 19 41 14 0 SIGNATURES of each owner (eg. husband and wife) of the subject property. 41 ir (KSL:pm /0737P) 1111 • 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. 07 That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (cneac box above, if' applicable} (check appropriate box below} (Enter Public Hearing Date above) V 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. Uapplicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (pock box above, if 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 ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A ", wa mai ed to each n ed person(s) at the address(s) shown on the attached • (s), marked Exhibit "B ", on t e da of 199 `f , and deposited in the Unite States Mail on the day of 199 , postage prepaid. • Prepared Notice 4/1 9 f i Subscribed and sworn /affirmed before me on the / day of il._�,r , 19 OFFICIAL SEAL /44) *rr•�a DIANE M JELDERKS NOTARY UBLIC- OREGON %�� / / COMMISSION P N .I2 1� MY COMMISSION EXPIRES SEPTEMBER 07. 1999 NOTARY PUBLI • OREG My Commission ' . 'Tres: 9 9 17FILE NAME(S): ret-0 CASE NO.(S): COO - !( ivq f}iI(L TYPE OF NOTICE & DATE: • EXHIBIT A CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY JUNE 17. 1996 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: MINOR LAND PARTITION (MLP) 96 -0009 ZONE CHANGE (ZON) 96 -0004 FILE TITLE: GRECO APPLICANT: Leonard Greco OWNER: Same 21902 SW Columbia Circle Tualatin, OR 97062 REQUEST > A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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 FOR SET -UP. MLP 96- 0009/ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL ANYONE WISHING T O P N T OITTEN TESTIMONY ON THIS PROSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION 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 MAY 23 . 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 COMMISSION 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 (25) 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 (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. j l i iI 1 1 I I I � 1 1 1 ' I ! �. 1 I •1. j I II; I s 1 1 , 1 1 I , l� 1 i I � J I I i 1 • 1! 1 1 \ \� 1� � • �� „4 1_� • I i t ! I i I 11 1 i �.ati�.v — s „,„„, ` i �� ^� 1 , I I I f' PARCEL — _I 1 �. • I 1 1 , 11 1 I `, I I 11 ma=y/ ✓/ \ / � MLP 96- 0009 /ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL 1W r 9 to - -o' /Z d Ar to - 04 (j GU 03 2- of Z) • • .2S103BD -00100 2S103AC -00501 MATRIX DEVELOPMENT CORP MONACO, NORMAN L & SUSAN A 7160 SW HAZELFERN RD #100 12555 SW 112TH TIGARD,OR 97224 TIGARD,OR 97223 2S103AC -00900 2S103AC -01200 PARISH, FRED C & LORETA ARANT PARISH, FRED C & LOR A-fkR NT 11385 SW FONNER ST 11385 SW Pd@ ST TIGARD,OR 97223 T D,OR 97223 2S103AC -02300 25103AC -05000 QUIMBY, ELEANOR N & EARL H RANDALL C MYERS, INC 11480 SW FONNER ST 6655 SW HAMP 00 TIGARD,OR 97223 .RA D,OR 97223 2S103AC -05200 2S103AC -05800 RANDALL C MYERS, INC RANDALL C MYERS, INC 6655 SW HAMPTON ST #100 6655 SW HAMP #100 PORTLAND,OR 97223 P ,OR 97223 2S103AC -05600 2S103AC -04500 RANDALL C MYERS, INC SKIDMORE, DAVID A/JODI K 6655 SW ST #100 12545 SW 114TH TERRACE LAND,OR 97223 TIGARD,OR 97223 2S103BD -04401 2S103AC -03800 SMITH, WILLIAM L SPRUNK, ERIC D & B KIMBERLY MARGARET 0 12556 SW 114TH TERR 11565 SW FONNER TIGARD,OR 97223 TIGARD,OR 97223 2S103AC -03900 2S103AC -00203 STEPHENS, GAIL 0 & JAMES F STEPHENS, JAMES F & GAIL OLSON 12578 SW 114TH TERR 12578 SW 114TH TERR TIGARD,OR 97223 TIGARD,OR 97223 2S103AC -05700 WISNER, LEONARD P & KATHLEEN L LEONARD GRECO 12643 SW 113TH PL 21902 SW COLUMBIA CIRCLE TIGARD,OR 97223 TUALATIN OR 97062 We 9 1 e — o9 /7-0IV4 (. -0+ Gte0C0 ( p9 • t of 2.) 11P EXIIIMT3 .2S103AC -06000 2S103AC -05400 _BLAZER HOMES, INC BLAZER HOMES PO BOX 1714. PO BO • LAKE OSWEGO,OR 97035 E OSWEGO,OR 97035 2S103AC -03700 2S103AC -04000 BOROK, DAVID AND JULIE JANET BOSTOCK, DAVID E & ANGELA K 12532 SW 114TH TERRACE 12590 SW 114TH TERR TIGARD,OR 97223 TIGARD,OR 97223 2S103AC -00204 2S103AC -04100 DUNG, KEVIN K DURFEE, MICHAEL D AND 6496 SE AUSTIN CT BUTTERFIELD, MELISSA HILLSBORO,OR 97123 12612 SW 114TH TERR TIGARD,OR 97223 2S103AC -01100 2S103AC -05100 DURNIN, BRYAN P AND JULIE A M EMME, DEAN L & 11465 SW FONNER ST ERICKSON -EMME, ANDREA TIGARD,OR 97223 11345 SW FONNER TIGARD,OR 97223 2S103AC -05300 2S103AC -02400 FEYDER, JOSEPH A & TRACY L FILLER, DAVID E MARY LYNN PO BOX 540 SE 119TH 11500 SW FONNER PORTLAND,OR 97216 TIGARD,OR 97223 2S103AC -02100 2S103AC -04300 FISHER, THOMAS L GOETZ, JEANNE 503 NW IRVING STE 240A 12758 SW 114TH TERRACE PORTLAND,OR 97209 TIGARD,OR 97223 2S103AC -01000 2S103AC -02101 GRECO, LEONARD R HATCHER, HOWARD I 8151 SIMMS SL ALNA I ARVADA,CO 80005 9775 SW KILLARNEY LN TUALATIN,OR 97062 2S103AC -02200 2S103BD -04400 HOLMES, ROBERT W HORDICHOK, WALTER R TRUSTEE 11400 SW FONNER HORDICHOK, YVONNE E TRUSTEE TIGARD,OR 97223 5420 NW SEWELL RD HILLSBORO,OR 97124 2S 103AC -05900 2S 103AC -05500 HUMBOLT CREEK ESTATES OWNERS 0 KELLEY, RICHARD G LOTS 3-6 BENNETT, JUDITH A PO BOX 434 C/O KELLEY SPEER HOMES INC LAKE OSWEGO,OR 97034 540 SE 119TH RRIIADD CR 97216 2S103AC -04200 2S103AC -04400 LIBERT, SCOTT A AND CYNTHIA M LUSK, DOUGLAS E/JANICE L 12636 SW 114TH TERRACE 12567 SW 114TH TERR TIGARD,OR 97223 TIGARD,OR 97224 • • L �,,, CITY OF TIGARD, OREGON COMPREHENSIVE PLAN AMENDMENT /ZONE CHANGE /ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION r (A) Application form (1) — ri PtC TAX MAP AND TAX LOT NO. S I A C.. IO ) authorization (C) Applicant's statement SITE SIZE \ , a 1 ((L (pre -app check list) PROPERTY OWNER /DEED HOLDER* LEO 4 (D) Filing fee (t '') ADDRESS 2.1t1 61,,a e r PHONE IA -q %0 Additional information for Compre- CITY roplll a Cif ZIP al bio2 sive Plan Map Amendments /Zone Changes APPLICANT* I (E) Maps indicating property ADDRESSgjanp ,c4,5 4,4 a a' PHONE tieRa ° 0 location (pre -app check list) CITY io A 14:0 ZIP (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record (G) Assessor's Map (1) or a leasee in possession with written authorization (H) Title transfer instrument (1) from the owner or an agent of the owner with written authorization. The owner(s) must sign. this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN /ZONE DESIGNATION: applicable) from to and a Zone Change from to N.P.O. Number: OR The applicant requests an amendment to the Planning Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: 0737P/23P Revd: 5/37 • • 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: . 01. Lek + ' °A • 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) 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 ty L, S4.-- day of ,4 1Q2; L 19 '( SIGNATURES of each owner (eg. husband and wife) of the subject property. Af / / A (KSL:pm /0737P) • APPLICATION INFORMATION COMPREHENSIVE PLAN AMENDMENT /ZONE CHANGE /ZONE ORDINANCE AMENDMENT PART I - REVIEW PROCESS A. Comprehensive Plan Amendment 1. Text Change This applies to amendments to the text and policies contained within the "Tigard Comprehensive Plan - Findings, Policies, and Implementation Strategies, Volume 2" or "Tigard Comprehensive Plan - REsource Document - Volume 1 ". 2. Map Change This relates to amendments made to the land use designations which appear on the adopted Comprehensive Plan Map. This type of Plan amendment is often made in conjunction with a Zone Change which is described below. B. Zone Ordinance Modifications 1. Zone Ordinance Amendment Changes in the requirements of the Community Development Code are considered as Zone Ordinance Amendments. These modifications are typically initiated by the Planning Commission or City Council but the general public may also propose changes to the Code. 2. Zone Change This applies to amendments made to the zoning designations which appear on the adopted Zoning District Map. If the proposed Zone Change is not consistent with the existing Comprehensive Plan Designation, a Comprehensive Plan Amendment must be reviewed simultaneously. C. The application and review process involves the following steps: 1. Preapplication Conference Prior to submission of a Comprehensive Plan Amendment, Zone Change, or Zone Ordinance Amendment, the applicant must make an appointment with the Planning Staff to discuss the proposal as it relates to the applicable requirements. 2. Public Hearing before Planning Commission Comprehensive Plan Amendments to the text or map and Zone Ordinance Amendments will be reviewed by the Commission and a recommendation shall be forwarded to the City Council for final action. Zone Changes will be approved or denied by the Commission based upon the applicable criteria. (1) • • 3. Public Hearing before City Council The City Council shall review the Planning Commission recommendations for Comprehensive Plan Amendments and Zone Ordinance Amendments and will approve or deny the proposal based upon the applicable criteria. In the case of a Comprehensive Plan Amendment and a Zone Change being reviewed concurrently, a zone district approved by the Planning Commission shall become effective following City Council approval of the Comprehensive Plan Amendment. D. Following approval, the change will be implemented by the City. PART II - APPROVAL CRITERIA A. Comprehensive Plan Amendment (text change) 1. Statewide Planning Goals and Guidelines 2. Consistency with other Plan policies B. Comprehensive Plan Amendment (map change) 1. Statewide Planning Goals and Guidelines 2. Consistency with other Plan policies 3. Locational Criteria in Chapter 12 of the Plan, Volume 2 C. Zone Ordinance Amendment (Community Development Code) 1. Comprehensive Plan policies 2. Consistency with other provisions of the Community Development Code D. Zone Change (Map Change) 1. Comprehensive Plan policies 2. Locational Criteria in Chapter 12 of the Plan, Volume 2 3. Consistency with other provisions of the Community Development Code E. Statewide Planning Goals and Guidelines State law requires that local land use plans be consistent with the Statewide Planning Goals and Guidelines. The Goals that are relevant to the City are listed and briefly described below: 1. Goal ill: Develop a citizen involvement program that ensures the opportunity for citizens to get involved in all aspects of the planning process; (2) • 2. Goal #2: Establish a land use planning process and policy framework as the basis of all land use decisions and actions, and ensure an adequate factual data base to substantiate those decisions and actions; 3. Goal #3: Preserve and maintain agricultural lands beyond the • Urban Growth Boundary of the community; 4. Goal 1 #4: Conserve forest lands, not committed for urban uses, for strictly forest uses; 5. Goal 1 #5: Conserve open space and protect natural and scenic resources; 6. Goal 1 #6: Maintain and improve the quality of air, water and land resources; 7. Goal 1#7: Protect the lives of community residents and property from natural hazard areas; 8. Goal 1 #8: Meet the recreational needs of residents of the community, State, and visitors; 9. Goal 1#9: Diversify and improve the economy of the community and the State; 10. Goal 110: Provide adequate housing for the needs of the community, region and State; 11. Goal 1111: Plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as the framework for urban development; 12. Goal 112: Provide and encourage a safe, convenient and economic transportation system; 13. Goal #13: Conserve energy; and 14. Goal #14: Provide for an orderly and efficient transition from urbanizable to urban land uses. F. Comprehensive Plan Policies The Plan sets the policy direction related to land use and development. Different policies will apply depending upon the nature of a development proposal. G. Locational Criteria These criteria are contained within the Comprehensive Plan. They describe the locational characteristics that should exist in order to accommodate specific land use activities. (3) • • H. Determination of Applicable Criteria The Planning Staff will assist the applicant in order to ascertain which criteria relate to a particular proposal. PART III — APPLICATION SUBMISSION REQUIREMENTS A. All applications shall be made on forms provided by the Director and shall be accompanied by: 1. One application form. 2. Copies of the necessary data or narrative which explains how the proposal conforms with the applicable criteria as specified in the pre — application checklist. 3. The required fee. 4. For Comprehensive Plan map amendments and Zone Changes, the following additional information shall be submitted: a. Copies of a map illustrating the location of the property as specified in the pre — application checklist. b. One list of the names and addresses of all persons who are property owners of record within 250 feet of the property involved. c. One Assessor's map of the property. d. One copy of the title transfer instrument (eg. deed). (KSL:bs /0755P) (4) r CITY OF TIGARD May 16, 1996 OREGON Leonard Greco 21902 SW Columbia Circle • Tualatin, OR 97062 Re: MLP 96 -0009 • Dear Mr. Greco: This letter is to inform you that your application is considered complete and has been accepted by the Planning Department. If you have any questions concerning this information, please feel free to contact me at 639 - 4171. Sincerely, gai Will D'Andrea Assistant Planner i:\curpin \wilNn1p96- 09.1t2 c: MLP 96 -0009 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • (.--- ----- : fr a i ii t i ,\ CITY OF TIGARD May 14, 1996 OREGON Leonard Greco 21902 SW Columbia Circle Tualatin, OR 97062 Re: Notice of Incomplete Submittal Dear Mr. Greco: The Planning Division has conducted a preliminary review of MLP 96- 0009/ZON 96 -0004, an application for a Minor Land Partition, and have found that certain application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following items and plan notes: 1.) Existing and proposed utilities. If you have any questions concerning this information, please feel free to contact Brian Rager at 639 -4171. Sincerely, aL aiii._ ")6--c-1--6- Will D'Andrea Assistant Planner is \curpin \wililrnlp96 -09.Itr c: MLP 96 -0009 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 x t 1 t 0 i ,s, NI a +, 0 t t Ili % 1 1 4 `o ` J \�* *11 .. \ i\ = u W 1 1 th O. 1 '' .> < 10' A D TOC ITIONAL •• 239.10 1 11 en �{ Z DEDICATION 1/46- 239.4• ' 3 vl :Ili 0 Z CONSTRUCT CURB 1 /2G- 239.96 - H••• 1 N I 3/4A. 240.36 • L ._ 0 AND CUTTER CONSTRUCT 5' TOC - 240,5} 1 t } _ ;� n 90EWAUC 1 �� �_^Irl}f S ^ . I 3 WSTAL �. O 3 7 + TAPER I PAVEMENT — _ #/ 1 i1 I; i • 1 I _I — — — — — — — 8 — ;— --SA W. — — — — w w ao-�: I o I w L � \ SAW CUT AND L • MATCH EXISTING • PAVEMENT (E) MIN hi 4 0LE - � rofvc 1 N 51)-' GRAPHIC SCALE ( IN PEST) - 1 Inch ■ 30 ft_ z W ce H 1 O O O cc vi W wI h N 1 r I 11 UQ < 0 < Z 2 Z .4w m O) 2 Z a 0 o 0 250 a. - W3� 0 i' > ?I N U N r IN nn 1 •• 1 1 n 3 n ° 1 10j •n a .-010 .. o 10 O 000V m N N N 0 • OD + n n CO • N N N O IDLLJ n S= RIM= Q 1.6% .. I 241.62 RIM= 502.2 240.17 240 _ .%� ��+` 5 =0.55 239.61 241.62 241.7: I 240.75 I 240.53 240. I a I n I II II II c L PROPOSED 8' PVC SEWER II -I1 230 _ 1 1. I 100' V .C. 100 V.C. I STA P.I. = 7 +60 STA P.1. = 6 +50 OL _ _ ELEV. P.I. = 242.75 ELEV. P.1. = 240.99 220 NOTE: STREET WIDENING EXISTING PAVEMENT ELEVATIONS IMPRO MENTS AUTOMATICALLY COMPUTER GENERATED FROM TOPOGRAPHY SURVEY. 1:::0 Chicago Title Insurance Company 10001 SE SUNNYSIDE ROAD CLACKAMAS, OR 97015 PRELIMINARY TITLE REPORT Telephone: (503) 653 -7300 December 30, 1994 To: CHICAGO TITLE INSURANCE CO. Order No. 135407 5285 Meadows Rd. Suite 148 Escrow No. *TITLE ONLY* Lake Oswego, OR 97035 Attention: SUSAN BOZEMAN Standard Lenders Coverage $ 43,700.00 Premium $ 276.00 Service Fee $ 10.00 We are prepared to issue a title insurance policy in the form and amount shown above insuring the title to the property described herein. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued, and the full premium therefore paid. Vestee: M & M PROPERTIES, a partnership Dated as of: December 22, 1994 at 8:00 A.M. Subject to the exceptions, exclusions, conditions and stipulations which are part of said policy, and to exceptions as shown herein. CHICAGO TITLE INSURANCE COMPANY OF OREGON - McCorkle Title Officer Any questions concerning the closing of this transaction should be directed to SUSAN BOZEMAN your escrow officer at 503 - 684 -1508. • Order No. 135407 DESCRIPTION (Continued) GENERAL EXCEPTIONS (Standard Coverage Policies only) 1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. b. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. a. Easements, liens, encumbrances, interests or claims thereof which are not shown by any public records. b. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. a. Unpatented mining claims; b. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; c. Water rights, claims or title to water; whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. • Order No. 135407 SPECIAL EXCEPTIONS 6. Taxes for the fiscal year 1994 -95, partial payment has been made Original Amount: $1,653.79 Unpaid Balance: $1,109.96, plus interest Levy Code: 023 -78 Account No.: R470378 Map No.: 2S13AC Tax Lot No.: 01000 7. The premises herein described are within and subject to the statutory powers including the power cf assessment of the Unified Sewerage Agency of Washington County. 8. The rights of the public in and to that portion of the premises herein described lying within the limits of S.W. Fonner Street. 9. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of unnamed stream flowing across the subject property. 10. Easement for ingress and egress above and below the surface of the land as implied by reservaticn of mineral rights in deed, Recorded: July 16, 1871 Book: 32 Page: 1 et seq From: United States To: Oregon and California Railroad Company 11. Real Estate Contract, including the terms and provisions thereof. Dated: August 30, 1990 A memorandum of which was: Recorded: September 5, 1990 Recorder's Fee No.: 90 -48279 Vendor: M & M Properties Vendee: Arthur V. Greco and Leonard R. Greco, as tenants in common The terms and provisions of said Contract were modified by instrument; Dated: July 23, 1991 Recorded: July 29, 1991 Recorder's Fee No.: 91040756 12. Right, title and interest of Michael Elerath, an individual revealed by Modification of Contract shown as exception next above. (Continued) • Order No: 135407 - SPECIAL EXCEPTIONS (Continued) 13. The terms and provisions of the partnership agreement of M & M Properties, a copy of which should be furnished for our examination prior to closing. Any conveyance or encumbrance of partnership property must be executed by all of the general partners, unless otherwise provided for in the partnership agreement. 14. Examination of the Small Estate Proceedings of Carlos Lawrence Laub, deceased, and the interests disclosed thereby. An inquiry has been made of Circuit Court Records and a supplemental report will follow. 15. Examination of the conservatorship of Madeira Laub, a protected person, and the interests disclosed thereby. An inquiry has been made of Circuit Court Records and a supplemental report will follow. NOTE: Property address is identified as: 11435A S.W. Fonner Street Tigard, Oregon 97223 END OF REPORT cc: Leonard and Arthur Greco Washington Mutual / Jeff Walsh BMAC /dl December 30, 1994 • • • Order No: 135407 LEGAL DESCRIPTION That portion of the following described tract of land lying South of the Southerly line of Walnut Grove, a duly recorded plat in Washington County, Oregon (the bearing of said Southerly line being South 55 °45'02" West): A tract of land in Section 3, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being a portion of that tract of land conveyed to Verne M. Fonner by deed recorded May 24, 1909, in Book 83, Page 179, Washington County, Oregon Deed Records, more particularly described as follows: Beginning at the Northwest corner of said Fonner tract, which point of beginning is South 0 °46' West along the quarter section line from the quarter section corner on the North line of said Section 3; thence South 0 °46' West along the West line of said Fonner tract a distance of 231.15 feet to the Northwest corner of that tract of land conveyed to Henry Frison, et ux, by deed recorded September 20, 1963, in Book 496, Page 87, said deed records thence North 87 °00' East along the North line of said Frison tract, a distance of 113.53 feet to the Northeast corner thereof; thence South 0 °51' West along the East line of said Frison tract, a distance of 46.35 feet to the North line of that tract of land conveyed to Charlie Sims, et ux, by deed recorded September 8, 1942, in Book 211, Page 55, said deed records; thence North 87 °46' East along the North line of said Sims tract to the Northeast corner thereof; thence South 0 °53' West along the East line of said Sims tract a distance of 284.5 feet to the South line of said Fonner tract; thence South 89 °14' East along the South line of said Fonner tract a distance of 121.3 feet to the Southwest corner of that tract of land conveyed to Frank H. Smith, et ux, by deed recorded March 16, 1938, in Book 171, Page 347, said deed records; thence North 0 °59' East along the West line of said Smith tract, a distance of 223.5 feet to the SouthKest corner of that tract of land conveyed to Carl J. Strutz, et ux, by deed recorded in Book 308, Page 301, said deed records; thence North 0 °59' East along the West line of said Strutz tract, a distance of 330.3 feet to the North line of said Fonner tract; thence North 89 °14' West along the North line of said Fonner tract to the point of beginning. EXCEPTING THEREFROM any portion thereof lying within property described in a Special Warranty Deed recorded October 28, 1970 in Book 796, Page 774. FURTHER EXCEPTING THEREFROM such mineral lands other than coal or iron as reserved by the United States of America in patent recorded in Book 32, Page 1, et seq, Washington County Deed Records. • 15 700 -- o�' • foo' —i 0 6 X re. p . CHICAGO ;. 4500 134.35 to :.. TT i ' -This plat is for your aid in : in 14 � ti ; 39038000 • locating your land with reference co A R .22,04 7 to streets and other parcels. 1 0 0' v ` 4,4 While this plat Is believed to N 8.18 ' � be correct, the company assumes • 4400 1 1°8 • - t no liabitily for any loss occurring g 3900 a by reason of reliance thereon." r„ 13 � " f 0),..c3 N No. c;•? IMe, N" ~ 4 7 8 t CHICAGO 717LE NSURANCE COMPANY 0 r - N 10001 S.E. SUNNYSIDE ROAD —O 1 8 e 6 CLACKAMAS. OREGON 97015 z °i Z �� '+l p X 33' ' :.t. r a 23. c j• 4100 1. - �.... .,.,.. • 4900 e� 9 � /2 32Ac. • V. / /Ac. TRACT °� . • 4200 � 10 \o e• 4300 II oa'' 900 _ o • 6 7Ac 8 r 461 9' 6 eet' . . N • • N • 10 r °D t • .� 12 4et M . 0 0 N rm � MAP • 10 00 : w • 0' co 0 3B O' .;- /. 27Ac. F W ° e N In o,0 0 • 0 I = N 115 1 Z m lfl I ^. 0 2 'i 1 '- ' i '..i.... 1 .3 1 131 — ' �r>1� v :1 87 °48'E 1i.i S C7 °48 ° 1100 S 87°46'w 195 _ _ — 0 BJAC. NO 7°46 E 100 — _ 13 0 0 1200 0.514c. 0.46Ac. 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S103AG00501 I 103AG037 v • J 2S s•.00 wt 103AG038 • • CO CI 2S103BD -00100 2S' 03AG' • • + • ' S103AG0020 ---- 2 03AG040 ' % C2I • ■ a) 2S1 ' 3AG I " 1 I " • GO 00 2 S1v3AG••200 2S1IF* ,�� p �� �. 'S 2S103AG+ • 3� � ..103AG' • • 1 0 0) 2S 03AG • • ell 2S1 �3AG0••,,10 05500 • 2S103AG01000 II3AG0. 00 2S1 13AG05 , to 2S103AG01' 00 CL. 2S 03AG01 S 03AG051.1 ' 'S103AG050• I CICS — L 0) ' S103AG0230C Hil. 2S103AG0$2 X)A(2 2 &%G02'100 2S103BD -04400 — O 2S103BD -04401 ' S103AG0240C • — 0 � FONN R \ / A \ I I i I vicinity Map Notification Map MCP 96- 0009 /ZON 96 -0004 N 40FAX TRANSMITTAL • DATE: May 31, 1996 TO: Mary White, Legals (fax) 620 -3433 FROM: Patricia Lunsford, City of Tigard (Ph.) 639 -4171 PLACE UNDER CITY OF TIGARD LOGO LEGAL NOTICE SECTION OF TIGARD TIMES The following will be considered by the Tigard Planning Commission on Monday June 17. 1996 at 7:30 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to allow the hearings authority and all the parties to respond on the request, 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. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639 -4171. PUBLIC HEARINGS: MINOR LAND PARTITION (MLP) 96- 0009 /ZONE CHANGE (ZON) 96 -0004 ➢ GRECO Q A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. TT PUBLISH DATE: June 6, 1996 MLP 96- 0009/ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL • . i'I j CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 16. 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0009 /ZONE CHANGE (ZON) 96 - 0004 ➢ GRECO < A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. 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: Tuesday - May 28. 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: PThase pravi& thefoQowing information) Name of Person(s) Commenting: I Phone Number(s): I MLP 96- 0009/ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL . AQUEST FOR COMNIEN111 _ . NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPUCATIONS ::::: nA . gr".:ik:::*.::::::::;.W:•:::EMN::::::::::::;:::::::::::i::::::::1:::::i::::::::::1:::::::::::::::::::::::i:i:::!::::::::::::::::::::::::::::::::i.1::::::•eititiNii)(44V.014•00.40::iiiark,_,,:nAliii:,:i:::Rtni::i:-, ''.:*•.: • •.: - .:r. .:1 .1 1:VC.:. : 64:).:•• -:::•:•:-::::.::•:':• . •. • ... ..:'. .:, {circle one} I _ CIT Area: (WI (S) (E) (C) 1:13 Placed for review in Library C17 Book 613 ' ::;::::::::;:;:;::::::;.:::::::.;.;:i.:::.;::,:;:e.:.,...;.=.1..;.;:;:..,.:::.;.:..;.;.::::::;:.;.1.::;.:::.;:;:;.;.;:;::,.:::;:i.;:i:;:;;.;:g;!;4411ftpti*AitThigi4W;:;:;;:;:;:;:;.;;:;:i:;:;:;:::;:;:;:;:;.;:;:;:::;:,;;:;:::;-;:::;:;:;1;;:;ii:3:::;:;1.::;;;:;:;:::::i:;;:.,•:;:,:::::.;:;:;;::;:;:;:;:;:;:;.;::-;;:::1::::;:.::::.::' - 1,: : ::". • : BLDG. DEPT./David Scott, siocrngoificid POUCE DEPT./Kelley Jennings, Oine Prevention off OPERATIONS/John Acker. Mont Spnr. _ CITY ADMIN./Cathy Wheatley, ad J)IG. DEPT./Brian Roger. Development Review Enpkeet _ COM.DEV. DEPT./D.S.T.'S ADV. PLNG./Nadine Smith, pi=neci Supenisar _'WATER DEPT./Michael Miller, op.son.mg./op...r.or. Be. .. . . .. ..... . .. . 4 ' ::!...... .:: „.:. .:.-.. .,.... . . . . • FIRE MARSHALL UNIHED 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 ...........................,........................„.„.......... .. . .... . . , I. : • .. . :..'"' ' ....•: ......... Aitterjeotatits . : . :::-.:.:':::;:. . .:::.::::::::::::,::::::::::::::::::.:,-:::: ...:.:.,,,:,:::.::- :...:::.. ..,..-.---:::-. . . . • :.:.:.:,,,,,,,,,,:..:.:.:.:::.,-,:-..:--- , ....:...:.: : :.:.:.:.: : :-:.,...:.y.:.:.:.:.,,,,, -:-..:.-:,..,.:.,,,,,,.:.:.:.:.:,,,,...:,..:......,:....... .... ............-. - . - - .. - . ...- WA. CO. DEPT. OF LAND USE & TRANSP. _ METRO AREA BOUNDARY COMMISSION METRO-GREENSPACES 150 N. First Avenue 800 NE Oregon St. #16, 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 (1GA'S) Sam Hunaidi ODOT/REGION 1 _Mike Borreson (Engineer) PO Box 25412 Laurie Nicholson/Trans. 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's/ZOA's) 1175 Court Street, N.E. _ ODOT/REGION 1, DISTRICT 2-A CITY OF BEAVERTON Salem. OR 97310-0590 Bob Schmidt/Engineering Coord. Larry Conrad. Senior Planner 2131 SW Scholls/PO Box 25412 PO Box 4755 _ CITY OF PORTLAND Portland, OR 97225 Beaverton, OR 97076 Planning Director 11205W 5th _ CITY OF IAKE OSWEGO _ CITY OF BEAVERTON Portland, OR 97204 City Manager Mike Matteucci, Neighborhood Coordinator PO Box 369 PO Box 4755 _ CITY OF DURHAM Lake Oswego, OR 97034 Beaverton, OR 97076 City Manager PO Box 23483 _ CITY OF KING CITY _ CITY OF TUALATIN 'Tigard, OR 97281-3483 City Manager PO Box 369 15300SW 116th Tualatin, OR 97062 _ OTHER King City, OR 97224 I - '-' ... - . - ................... ..,..- ..' : :: ...:-...-- • : . :::;: , 01::;: : :::::' • : . . ) •....opEcitAi.Aoritcg4::!::::::::: : ::::::::::: . i:::::::::::.:"::: ,- ::: : ::: i : : :. , ::..: : ::!:: . ::i . :: , ;:::: ] ::::::::::::i; , ;::::::::::.:. ",- :_Y -: ...:-, • .. ". - GENERAL TELEPHONE ELECTRIC _ PORTLAND GENERAL ELECTRIC _ COLUMBIA CABLE CO. — Elaine Self, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 142005W Brigadoon Court Tigard. OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW NATURAL GAS CO. rt....ciam n'-u _ METRO AREA COMMUNICATIONS TRI-MET TRANSIT DEVELOPMENT Scott Palmer lac (titin 721.1S02 Jason Hewitt /3m 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, P15-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 FEDERAL AGENCIES _ AERONAUTICS DIVISION (ODOT) DIVISION OF STATE LANDS _ US POSTAL SERVICE _ _ COMMERCE DEPT.-M.H. PARK _ FISH & WILDUFE Randy Hammock. Growth Cord. _ PUC _ DOGAMI Cedar Mill Station _ DEPT. OF ENVIRONMENTAL QUAUTY Portland, OR 97229-9998 _OTHER _ U.S. ARMY CORPS. OF ENGINEERS hAboin‘pcitAmcomvicnoft.ma • Route To: Surveyor Development Review Engineer lg- FINAL PLAT REVIEW CHECKLIST i' �f _ Plat Name: PAKrraca Case Number(s) ML-1 ° Vs " Address: ✓ . n) (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone GL-i f (oSG - - 1510 (Fill in when plat is dropped ofd DATE RECEIVED: 2( (ep DATE FORWARDED TO SURVEY: f2h (q(o SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity CI /V - LI 2. Curve, corner, cul -de -sac radii NA ❑ 3. Dedication, vacation, easement conveyance El 4. Residential Survey Certificate match the map Comments: Alm) wof d,'ca 1.ri .67:1sa. /Uo1 5 4°64 A � � U I 'j - ��- By: � 6 Surveyor's Signature - Date Page 1 of 1 L E∎GPRIV -0EV FLN7LAT • Route To: • 1. Planning 2. Building 3. Engineering Tech I 4. Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: Pifermaj Case Number(s) t4--P — te DATE RECEIVED: 967 (q (p P DATE FORWARDED TO 1 8/2-G To: W tt..A._ Planning Division Check if Check if • Considered Okay 1. Phase boundaries ❑ 2. Lot and/or tract size and configuration ❑ El 3. Lot numbers [j ❑ 4. Access restrictions, reserve strips [] El 5. Condition of Approval Satisfied El ❑ 6. Public & Private streets (location, width, etc....,) ❑ El 7. Preliminary Plat approval date - 1 yr period OK ❑ El 8. Special Deed Restrictions (C.C. &R's) El 0 9. Open Space (Deed or Dedication) El ❑ 1 SPECIAL SETBACKS ARE 11. Assign Case Number (above) El El Other Comments: c- oas Co, B, 9 007 s - cAN ak x NEED zo ' o G S. j•Z_E.D ■W lF TANkvYC AO ./KrREE/4Er)T, a 1A� 1 ' 4 ° 7 - r-c 5 b.5;k1 N�EL� tom' EvlSiD �1�rJ �o uE.Z1PA 5�Z8�G� 0 P By: `d,, 46,14061/07. glue% Planner's Signature Date FORWARDED TO BUILDING DIVISION: WZ,6/40 Date Page 1 of 4 1 PR[V .OEVF L'- PI.ATDOT BUILDING DIVISION • • Comments: a— eves Q-cr( � ' , ,�` �' S� of vv. ��Ct,� \ o� \ , �� b 5\i■ 0\A - By: cj,M a 'fib Building Dept. Signature ate p FORWARD TO ENGINEERING DEPARTMENT (Attn.: Engineering Tech/Engineering Records) % I� ` ` t Date ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable f'�!, Manhole Numbers Assign Address(s) - (front page) 0� Update City -wide maps 0/ Comments: By: j &4 9 y 9l Engineering Tech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date Page 2 of 4 1.'E.GPWV -0EV FCV-PLATDOT • • ENGINEERING DEPARTMENT Check if Okay Public Improvement Plans Approvable /Approved D Public Improvement Fees/Deposits Right -of Entry, Release & Waivers, Easement El (onsite - offsite) Public Improvement Agreement Public Improvement Assurance ❑ Conditions of Approval Satisfied? Sewer Availability Letter Prepared El Joint Access, Non - Remonstrance Agreement El Comments: By: Development Review Engineer's Signature Date Page 3 of 4 i •ENG V-DE FIV- P.ATDOT • • • M Returned to Surveyor for Correction BY: DATE: 9 i Corrections Reviewed and Approved BY: g DATE: €3/(+(t/ Forwarded for City Signatures BY: DATE: p� �f kg 1 Copy of Signed Plat Made and Put in File BY: 'WS- DATE: b( G4 (q/ Released to Developer for Recording BY: FiL DATE: 1 J� (4 �y'7 I Authorize Eng. Tech Ito release addresses BY: Fe_ Date: e f (4117 to po 4, b(cAlkl Page 4 of 4 I 'Es GPRIV-DEVFCN-0L\TDOT ATE OF OREGON ..RETU2N RECORDED DOCUME'O: SS CITY HALL RECORDS DEPAR T, my of Washington CITY OZ' TIGARD I, Jerry R. Hanson, Director of Assess - 13125 SW Hall Blvd. ment and Taxation and Ex- Officio County Tigard, OR 97223 Clerk for said county, do hereby certify that the within instrument of writing was received INDIVIDUAL and recorded in book of records of said county. -� File No. OLP C VA 7 i • , • : Jerry R . Hanson, Director of 'Assessment and Taxation, Ex- Officio County Clerk Doc : 97085004 Rect: 194011 18.00 09/12/1997 10:40:29am WAIVER (NON- REMONSTRANCE AGREEMENT) ST' ET IMPROVEMENT The undersigned owners (including purchasers) of the real property described below do hereby record their consent to the formation of a loca; improvement district by the City of Tigard for the purposes of improving the public streets upon which the described property abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate against the formation of a local improvement district for the improvement of the abutting street or streets, reserving only the right to contest the inclusion of particular cost items in the improvement district proceeding and any right they may have under the laws of the State of Oregon to contest the proposed assessment formula. The real property that is the subject of this consent covenant is described • • a s •farce 1 s 1 and 2 of Partition Plat No. 1997 -080, recorded as Document No. 97076682 Washington County, Oregon. IN WITNESS WHEREOF, I hereunto set my hand on this a 3 day of .' ul , 19 C? oN (Z . C. Gcec Print me Print Name \,, "^ azure Signature % Address Address STATE OF OREGON ) ) ss. • County of Washington ) This instrument was acknowledged before me on , . , 99 date) by: Lc c •i d l? , "- .e cc , Rye C (name of person(s)). 4 = OFFICIAL SEAL I CHARLOTTE J. WESTON NOTARY PUBLIC- OREGON 1 ' ■ �� COMMISSION NO. 062682 / A Ij ti r te '_- u. '.' MY COMMISSION EXPIRES MARCH 12, 2001 Notary's Signature • my ...oiil:n iSSio11 Exp • � ' ► ) p . . sue- Accepted on behalf of the City of Tigard this 2i day of u J s-k- , 19 5 7. p. (ity Engineer NO CHANGE IN TAX STATEMENT I 1 -Z \ENGVVB•FOIUMNR•STR•I. DOT .. . / - • • / INITIAL POINT '- TI•IIS PLAT ,.) a LOCATED IN THE NE 1/4 OF / C� ° �` SECTION 3, T 2S. R 1W, WM; CIE"( OF TIGARD. WASHINGTON NW CORNER D6 CO., OREGON FOR LEONAR wE I ry • __ WESTERLY NW CORNER /2" IR SUBJECT PROPERTY 1 3 I co •0 HELD 'HERTEL" FOR / CORNER P1 THIS F CASE \ Nt M V / el w \ N / \ .......% 9 HELD "HERTEL" FOR N , 1" = 8.33 0� SE LINE OF P1 — — G \ \ O ,C �0` ` - / � ... 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T.; 15. 10 6 . 03 � --C7 0 FLUSH .- Z • w 00 D-0 D6 b N N `- . 6 r O O .4 . : lit w v1 co CO rl N. p Z ap * a0 O to Z w PARCEL 1 N D4 0 v1 b 17,871 SF w m0 ao - Z r7 CO O e N. o ,,i Q O tx 0 NJ O Z y , HELD 3/4" ID IP AS 10' WIDE PUBLIC : Q 0.07 EASTERLY OF UNE RIGHT OF WAY DEDICATION O 43" AS PER P1, AND FOR 15' ��>' Q HELD 3/4" ID IP FOR . NORTH UNE S.W. FONNER c 106.08 NORTH LINE S.W. FONNER ST. ST. AS PER R1, R3 0.01 ,r; IS 87 °41'31" W 1211 SF AS PER R7 (115.0 (DS)) 1 15.10 (C) p �0 10.01 100.16 (M) . • 115.03 (M _ ) 147 (M) (121.3 (D7)� 2 5 . � . FO N N ER I cV b _ S 87°41'31" W 336.30 (M) N ST. r o - (N 87 °46' E 336.3 (R3)) o C.R. #495 (\1 I' n p. U•' a • • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes June 17, 1996 1. CALL TO ORDER The meeting began at 7:00 with the first agenda item. President Wilson called the public hearing to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Collson, Griffith, Holland, Padgett, and Scolar Commissioner DeFrang arrived after ethics training. Commissioners Absent: Commissioner Neff Staff Present: Bill Monahan, City Administrator, Dick Bewersdorff, Planning Manager; Ray Valone, Associate Planner; Jim Hendryx, Director of Community Development; Jerree Gaynor, Planning Commission Secretary 3. ETHICS TRAINING City Administrator Bill Monahan gave a presentation on City ethics. He provided the Commissioners with copies of the "Oregon Govemment Standards and Practices Laws Training for All City of Tigard Employees" (Exhibit "A "), "Chapter 244, 1995 Edition, Government Standards and Practices" (Exhibit "B "), and "Examples" (Exhibit "C "). At the end of the presentation, each Commissioner signed a document stating they had participated in the training and understand their responsibilities. 4. PLANNING COMMISSION COMMUNICATIONS Dick Bewersdorff advised the Commissioners of the next meeting date. The Planning Commission Secretary gave the Commissioners copies of the updated roster and copies of the revised Tigard Community Development Code. 5. PUBLIC HEARING 5.1 MINOR LAND PARTITION (MLP) 96 -0009/ZONE CHANGE (ZON) 96 -0004 GRECO PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 1 • A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. STAFF REPORT Planning Manager Dick Bewersdorff presented the staff report on behalf of the City. He advised that the property was newly annexed to the City. He said it was not assigned a zone at the time, because the annexation was handled directly by the Boundary Commission. Bewersdorff said that since the property is now requesting a land partition, it needs to be zoned. Bewersdorff advised that the zone has to be closest to what it was previously zoned in the County, which is an R-4.5. Bewersdorff said that the partition was to divide the property into 2 lots: 18,900 and 33,600 square feet. He said staff is recommending approval, subject to conditions in the staff report. APPLICANT'S PRESENTATION The applicant did not give a presentation. Commissioner Holland asked the applicant if he agreed to the conditions of approval in the staff report. The applicant answered yes. PUBLIC TESTIMONY No one signed up to speak on this proposal. PUBLIC HEARING CLOSED Commissioner Holland moved to approve the zone change and the minor land partition, in accordance with the staffs conditions of approval. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 96 -0004/ZONE CHANGE (ZON) 96- 0003/PLANNED DEVELOPMENT (PD) 96 -0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler - Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 2 • • from Medium Density Residential /R -12 to Medium Density Residential/R-7; and to change the western 19 acres from Low Density Residential /R-4.5 to Medium Density ResidentiaUR -7. LOCATION: West of Hall Boulevard and south of Sather Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single - Family Residential) allows single - family detached units, manufactured homes, farming family day care and conditional uses such as single - family attached units, duplex units, religious assembly and schools. R -12 (Multiple - Family Residential) allows single - family detached and attached units, duplex units, multiple - family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He said that, if this proposal is approved, the applicant intends to develop it in single family housing. He said the property consists of 27.52 acres and was annexed in 1982. He said it is designated urban low density. Valone stated that the eastern 9 acres were zoned R -5 at the time of annexation, which is comparable to our current R -7. He said the western portion was zoned R- 7 at the time of annexation, which is comparable to our current R -4.5. Valone said he has received no objections to the proposal from outside agencies. He referred to a letter from the Summerfield Association, which expresses their concerns for increased density on the western portion of the site and the possibility of 2 -story houses. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria. He said that a physical change in circumstances has occurred regarding transportation systems that serve the site. He said that a mistake was made by the City in changing the eastern portion of the site from R -5 to R -12. He said staff could find no record of the zone change. Valone stated that ODOT determined that his proposal would have no significant effect on Hall Blvd. He also said that the City's Engineering Department determined that it would not significantly affect the local road system. Valone said staff recommends that the Planning Commission forward a recommendation of approval to City Council. PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 3 • • In response to a question from Commissioner Holland, Valone said that the adjacent Summerfield property was zoned R -7. Valone and Bewersdorff then elaborated on granting of PD overlays. Commissioner Griffith commented that, under this proposal, there is a potential for 191 dwellings, as opposed to 190 that is currently allowed. APPLICANT'S PRESENTATION Frank Angelo, W &H Pacific, 8405 SW Nimbus Ave., Beaverton, OR 97008, briefed the Commission on the applicant's proposal. He said the applicant agrees with the staff recommendation. PUBLIC TESTIMONY - IN FAVOR Clayton Wilson, 9045 SW Westlund Ct., Tigard, OR 97224, expressed his concern about increased traffic in his neighborhood. He said he would like to see any road connections to SW Sattler Street be moved further east, so as not to align directly with SW 91st. President Wilson advised him that this was just a zone change application but the Planning Commission would have another opportunity to look at the development phase at a later date. Steve Smith, 14802 SW 91st, Tigard, OR 97224, asked staff if apartments or multi - family development was allowed in an R -7 zone. Staff responded that duplexes would be allowed, but not multi - family. Smith then said that the Mallard Lakes Homeowner's Association supports the application. PUBLIC TESTIMONY - IN OPPOSITION John Arrigoni, 8935 SW Hamlet, Tigard, OR 97224, said he was not necessarily in opposition to the proposal, but did not want to see 2 -story houses next to his home. He said he would like to see the zone changed to be the same as the zoning on SW Hamlet. APPLICANT'S REBUTTAL Frank Angelo addressed the concerns of those who spoke. He said the development would have a required density transition zone on the south side of the property and along Sattler, between the property and Mallard Lakes Subdivision. He said that building height and road extension issues could be dealt with at site development review stage. PUBLIC HEARING CLOSED Commissioner Griffith asked staff if there would be a buffer area in addition to a density transition zone. Bewersdorff answered that there would only be the density transition zone, but that minimum setbacks would also apply. Commissioner Padgett said he agreed that a mistake was made on the eastern portion of the property. He also agreed that there has been a change in PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 4 • • circumstances, saying that if that land was unzoned today, the most logical zone to put on it would be R -7. Commissioner Holland said it makes sense, that if there is R -7 on either side, the property should also be R -7 also. Commissioner Griffith said he has some problems with the traffic, but they could be discussed during the site development review. Commissioner Collson agreed with Commissioner Griffith. Commissioner Holland moved to approve Comprehensive Plan Amendment 96- 0004/Zone Change 96- 0003 /Planned Development 96 -0002. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 5.3 COMPREHENSIVE PLAN AMENDMENT (CPA) 96 -0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30 and; and Oregon Administrative Rule Chapter 660, Division 12. ZONE: N/A STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He advised that this was a text amendment to the Urbanization section of the Comp Plan by adding a new policy that states: "10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas ". Valone said that the amendment would apply to properties in the Urban Planning Area. He said the City's current policy is to assign newly annexed property a zone that most closely matches the previous Washington County zone. He stated that this policy is included in the Comprehensive Plan, the Development Code, and the Urban Planning Area Agreement between the County and the City. Valone provided background on the proposal, saying that it was presented to the West and Central CITs in August, 1995. He said that both groups supported the applicant's request. He said that, in September, 1995, Bledsoe requested the City Council to formally ask the County to open the Urban Planning Area Agreement in order to amend the policy on zoning of annexed land. Valone PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 5 0 • • stated that the Council granted a fee waiver and agreed to include Bledsoe's concerns during the next review of the UPAA. Valone said that requests for comments were sent to Washington County and Metro, that CIT mailing list members were notified, and that the proposal was presented to all CITs during their May meetings. He advised that Metro responded that the proposal is not consistent with the direction of 2040. He said Washington County was concerned about the impact on the Metropolitan Housing Rule and infill development. He said the Central and West CITs support the proposal, the South CIT supports lower density in general, and the East CIT had no comment. Valone said staff finds that the proposal does not meet all relevant criteria and referred to other concerns listed on page 7 of the staff report. He said staff recommends the Planning Commission forward a recommendation of denial to City Council. Commissioner DeFrang asked how the County bases its zoning. Dick Bewersdorff answered that the County has a different set of zones for different lot sizes and densities. He said when annexing property, the City is required to pick a zone that is the most comparable. APPLICANTS PRESENTATION Bob Bledsoe, 11800 SW Walnut, Tigard, OR 97223, presented his proposal to the Commission. He said he did not believe the staff report was consistent with the adopted documents. Bledsoe said he sees Goal 2 as being aimed at the orderliness of Planning, that the State periodically reviews our plan to make sure the City keeps up with official changes. He said that Goal 2 was never intended to be used the way staff uses it. Bledsoe addressed Goal 10, saying that he focused on vacant lands, but allowed for the consideration of redevelopable lands. He said he wanted to protect established areas and the quality of neighborhoods. He showed the Commission a Metro map of redevelopable lands. Bledsoe said Tigard should protect its established areas, including areas not yet annexed. He believes that zoning changes should apply to whole neighborhoods, not just individual properties. He advised that main aspect his plan puts a hindrance on is infill development. Bledsoe stated that the City's requirement for 10 units per acre applies to buildable lands, not industrial, commercial, or existing residential areas. President Wilson asked Bledsoe how he would response to staffs concerns about defining the existing density of a neighborhood. Bledsoe answered that the City PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 6 • • can draw the boundaries. He said his argument is to give the City flexibility to preserve established areas. PUBLIC TESTIMONY No one signed up to speak in support or in opposition of this proposal. PUBLIC HEARING CLOSED Commissioner Griffith asked if Tigard's area of interest was within the Urban Growth Boundary. Ray Valone answered that it was within the UGB. Griffith asked if there was a farm or forest zone in this area. Valone answered no. President Wilson said he sees County zones as really meaningless unless it's annexed. He believes the real motivation behind this comprehensive plan amendment is "no development in my backyard ". Commissioner Holland said he thought the proposal was too confusing, that he liked the Comprehensive Plan as it is now, with individual zone changes. President Wilson asked about annexation procedures. Ray Valone answered that there is a method for City - initiated annexations (the island method), but it has to be approved by the Boundary Commission. Commissioner Collson commented that this way of annexing is not being used by the City at the present time. Commissioner Anderson said she agreed with the staff report, that this amendment is not necessary. Commissioner Padgett moved to recommend denial of CPA 96 -0001, based on findings in the staff report and testimony. Commissioner Holland seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS Community Development Director Jim Hendryx talked to the Commissioners about roles of the CITs and the Planning Commission. He provided them with a copy of a memo dated May 14, 1996, that went to the City Council (Exhibit "D "). He said the purpose of the memo was to help outline what the rules and responsibilities could be for both groups. He summarized the memo and said Council wanted both Planning Commission and CIT comments. Hendryx said the purpose of the memo was to provide some recognition of the CITs for planning related items. Commissioner Griffith commented that the memo lists everything the CITs would do and asked what the CITs perceive the Planning Commission to be. He also noted that the CITs are always on the Council agenda. PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 7 • • Commissioner DeFrang asked what the Planning Commission roles would be for the items listed on the memo. Hendryx answered that the CITs shall provide input on park planning issues that involve Comprehensive Plan policies or changes to the Comprehensive Plan or zoning maps. He said the Planning Commission would include CIT comments in their deliberations and the recommendation would then go to the City Council. Commissioner Holland said he hoped the CITs don't get confused about the process by going directly to City Council instead of the Planning Commission. Commissioner Padgett noted that the CITs are the designated primary recommending entities to the City Council for some issues and the Planning Commission is the primary recommending entity on others. He said that on those issues where the Planning Commission is the primary recommending body, the CITs should go through the Planning Commission and the Planning Commission would go to the City Council. He said a CIT member could then go to the City Council as an individual and plead their case, but not as a representative of a CIT. President Wilson said that the role of the Planning Commission needs to be better defined. Commissioner DeFrang commented on poor attendance at CIT meetings. Commissioner Padgett said that every City newsletter should have map that shows CIT boundaries. Jim Hendryx asked the Commissioners how they wanted him to proceed. The Commissioners said they would like a couple of weeks tofespond to the memo. 7. ADJOURNMENT The meeting adjourned at 9:40 p.m. Jerre: aynor, t annin ommission Secretary - y A 1 ST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 8 �. • • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes June 17, 1996 1. CALL TO ORDER The meeting began at 7:00 with the first agenda item. President Wilson called the public hearing to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Collson, Griffith, Holland, Padgett, and Scolar Commissioner DeFrang arrived after ethics training. Commissioners Absent; Commissioner Neff Staff Present: Bill Monahan, City Administrator; Dick Bewersdorff, Planning Manager; Ray Valone, Associate Planner; Jim Hendryx, Director of Community Development; Jerree Gaynor, Planning Commission Secretary 3. ETHICS TRAINING City Administrator Bill Monahan gave a presentation on City ethics. He provided the Commissioners with copies of the "Oregon Government Standards and Practices Laws Training for All City of Tigard Employees" (Exhibit "A "), "Chapter 244, 1995 Edition, Government Standards and Practices" (Exhibit "B "), and "Examples" (Exhibit "C "). At the end of the presentation, each Commissioner signed a document stating they had participated in the training and understand their responsibilities. 4. PLANNING COMMISSION COMMUNICATIONS Dick Bewersdorff advised the Commissioners of the next meeting date. The Planning Commission Secretary gave the Commissioners copies of the updated roster and copies of the revised Tigard Community Development Code. 5. PUBLIC HEARING 5.1 MINOR LAND PARTITION (MLP) 96 -0009/ZONE CHANGE (ZON) 96 -0004 GRECO PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 1 3 ID • A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. STAFF REPORT Planning Manager Dick Bewersdorff presented the staff report on behalf of the City. He advised that the property was newly annexed to the City. He said it was not assigned a zone at the time, because the annexation was handled directly by the Boundary Commission. Bewersdorff said that since the property is now requesting a land partition, it needs to be zoned. Bewersdorff advised that the zone has to be closest to what it was previously zoned in the County, which is an R-4.5. Bewersdorff said that the partition was to divide the property into 2 lots: 18,900 and 33,600 square feet. He said staff is recommending approval, subject to conditions in the staff report. APPLICANT'S PRESENTATION The applicant did not give a presentation. Commissioner Holland asked the applicant if he agreed to the conditions of approval in the staff report. The applicant answered yes. PUBLIC TESTIMONY No one signed up to speak on this proposal. PUBLIC HEARING CLOSED Commissioner Holland moved to approve the zone change and the minor land partition, in accordance with the staffs conditions of approval. Commissioner Griffith seconded the motion. A voice vote was taken and the motion passed unanimously. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 96 -0004/ZONE CHANGE (ZON) 96- 0003 /PLANNED DEVELOPMENT (PD) 96 -0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sather Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 2 • . from Medium Density Residential /R -12 to Medium Density Residential/R -7; and to change the western 19 acres from Low Density Residential /R-4.5 to Medium Density Residential /R -7. LOCATION: West of Hall Boulevard and south of Sather Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 6.3.3, 8.1.1 and 12.2.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R -4.5 (Single - Family Residential) allows single - family detached units, manufactured homes, farming family day care and conditional uses such as single - family attached units, duplex units, religious assembly and schools. R -12 (Multiple - Family Residential) allows single - family detached and attached units, duplex units, multiple - family units, residential care facilities, mobile home parks and subdivisions, public support and family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He said that, if this proposal is approved, the applicant intends to develop it in single family housing. He said the property consists of 27.52 acres and was annexed in 1982. He said it is designated urban low density. Valone stated that the eastern 9 acres were zoned R -5 at the time of annexation, which is comparable to our current R -7. He said the western portion was zoned R- 7 at the time of annexation, which is comparable to our current R -4.5. Valone said he has received no objections to the proposal from outside agencies. He referred to a letter from the Summerfield Association, which expresses their concerns for increased density on the western portion of the site and the possibility of 2 -story houses. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria. He said that a physical change in circumstances has occurred regarding transportation systems that serve the site. He said that a mistake was made by the City in changing the eastern portion of the site from R -5 to R -12. He said staff could find no record of the zone change. Valone stated that ODOT determined that his proposal would have no significant effect on Hall Blvd. He also said that the City's Engineering Department determined that it would not significantly affect the local road system. Valone said staff recommends that the Planning Commission forward a recommendation of approval to City Council. PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 3 • • In response to a question from Commissioner Holland, Valone said that the adjacent Summerfield property was zoned R -7. Valone and Bewersdorff then elaborated on granting of PD overlays. Commissioner Griffith commented that, under this proposal, there is a potential for 191 dwellings, as opposed to 190 that is currently allowed. APPLICANTS PRESENTATION Frank Angelo, W &H Pacific, 8405 SW Nimbus Ave., Beaverton, OR 97008, briefed the Commission on the applicant's proposal. He said the applicant agrees with the staff recommendation. PUBLIC TESTIMONY - IN FAVOR Clayton Wilson, 9045 SW Westlund Ct., Tigard, OR 97224, expressed his concern about increased traffic in his neighborhood. He said he would like to see any road connections to SW Sattler Street be moved further east, so as not to align directly with SW 91st. President Wilson advised him that this was just a zone change application but the Planning Commission would have another opportunity to look at the development phase at a later date. Steve Smith, 14802 SW 91st, Tigard, OR 97224, asked staff if apartments or multi - family development was allowed in an R -7 zone. Staff responded that duplexes would be allowed, but not multi- family. Smith then said that the Mallard Lakes Homeowner's Association supports the application. PUBLIC TESTIMONY - IN OPPOSITION John Arrigoni, 8935 SW Hamlet, Tigard, OR 97224, said he was not necessarily in opposition to the proposal, but did not want to see 2 -story houses next to his home. He said he would like to see the zone changed to be the same as the zoning on SW Hamlet. APPLICANTS REBUTTAL Frank Angelo addressed the concerns of those who spoke. He said the development would have a required density transition zone on the south side of the property and along Sattler, between the property and Mallard Lakes Subdivision. He said that building height and road extension issues could be dealt with at site development review stage. PUBLIC HEARING CLOSED Commissioner Griffith asked staff if there would be a buffer area in addition to a density transition zone. Bewersdorff answered that there would only be the density transition zone, but that minimum setbacks would also apply. Commissioner Padgett said he agreed that a mistake was made on the eastern portion of the property. He also agreed that there has been a change in PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 4 • • • circumstances, saying that if that land was unzoned today, the most logical zone to put on it would be R -7. Commissioner Holland said it makes sense, that if there is R -7 on either side, the property should also be R -7 also. Commissioner Griffith said he has some problems with the traffic, but they could be discussed during the site development review. Commissioner Collson agreed with Commissioner Griffith. Commissioner Holland moved to approve Comprehensive Plan Amendment 96- 0004/Zone Change 96- 0003/Planned Development 96 -0002. Commissioner Padgett seconded the motion. A voice vote was taken and the motion passed unanimously. 5.3 COMPREHENSIVE PLAN AMENDMENT (CPA) 96 -0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30 and; and Oregon Administrative Rule Chapter 660, Division 12. ZONE: N/A STAFF REPORT Associate Planner Ray Valone presented the staff report on behalf of the City. He advised that this was a text amendment to the Urbanization section of the Comp Plan by adding a new policy that states: "10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas ". Valone said that the amendment would apply to properties in the Urban Planning Area. He said the City's current policy is to assign newly annexed property a zone that most closely matches the previous Washington County zone. He stated that this policy is included in the Comprehensive Plan, the Development Code, and the Urban Planning Area Agreement between the County and the City. Valone provided background on the proposal, saying that it was presented to the West and Central CITs in August, 1995. He said that both groups supported the applicant's request. He said that, in September, 1995, Bledsoe requested the City Council to formally ask the County to open the Urban Planning Area Agreement in order to amend the policy on zoning of annexed land. Valone PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 5 • • stated that the Council granted a fee waiver and agreed to include Bledsoe's concerns during the next review of the UPAA. Valone said that requests for comments were sent to Washington County and Metro, that CIT mailing list members were notified, and that the proposal was presented to all CITs during their May meetings. He advised that Metro responded that the proposal is not consistent with the direction of 2040. He said Washington County was concerned about the impact on the Metropolitan Housing Rule and infill development. He said the Central and West CITs support the proposal, the South CIT supports lower density in general, and the East CIT had no comment. Valone said staff finds that the proposal does not meet all relevant criteria and referred to other concerns listed on page 7 of the staff report. He said staff recommends the Planning Commission forward a recommendation of denial to City Council. Commissioner DeFrang asked how the County bases its zoning. Dick Bewersdorff answered that the County has a different set of zones for different lot sizes and densities. He said when annexing property, the City is required to pick a zone that is the most comparable. APPLICANTS PRESENTATION Bob Bledsoe, 11800 SW Walnut, Tigard, OR 97223, presented his proposal to the Commission. He said he did not believe the staff report was consistent with the adopted documents. Bledsoe said he sees Goal 2 as being aimed at the orderliness of Planning, that the State periodically reviews our plan to make sure the City keeps up with official changes. He said that Goal 2 was never intended to be used the way staff uses it. Bledsoe addressed Goal 10, saying that he focused on vacant lands, but allowed for the consideration of redevelopable lands. He said he wanted to protect established areas and the quality of neighborhoods. He showed the Commission a Metro map of redevelopable lands. Bledsoe said Tigard should protect its established areas, including areas not yet annexed. He believes that zoning changes should apply to whole neighborhoods, not just individual properties. He advised that main aspect his plan puts a hindrance on is infill development. Bledsoe stated that the City's requirement for 10 units per acre applies to buildable lands, not industrial, commercial, or existing residential areas. President Wilson asked Bledsoe how he would response to staffs concerns about defining the existing density of a neighborhood. Bledsoe answered that the City PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 6 • • can draw the boundaries. He said his argument is to give the City flexibility to preserve established areas. PUBLIC TESTIMONY No one signed up to speak in support or in opposition of this proposal. PUBLIC HEARING CLOSED Commissioner Griffith asked if Tigard's area of interest was within the Urban Growth Boundary. Ray Valone answered that it was within the UGB. Griffith asked if there was a farm or forest zone in this area. Valone answered no. President Wilson said he sees County zones as really meaningless unless it's annexed. He believes the real motivation behind this comprehensive plan amendment is "no development in my backyard ". Commissioner Holland said he thought the proposal was too confusing, that he liked the Comprehensive Plan as it is now, with individual zone changes. -- President Wilson asked about annexation procedures. Ray Valone answered that there is a method for City - initiated annexations (the island method), but it has to be approved by the Boundary Commission. Commissioner Collson commented that this way of annexing is not being used by the City at the present time. Commissioner Anderson said she agreed with the staff report, that this amendment is not necessary. Commissioner Padgett moved to recommend denial of CPA 96 -0001, based on findings in the staff report and testimony. Commissioner Holland seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS Community Development Director Jim Hendryx talked to the Commissioners about roles of the CITs and the Planning Commission. He provided them with a copy of a memo dated May 14, 1996, that went to the City Council (Exhibit "D "). He said the purpose of the memo was to help outline what the rules and responsibilities could be for both groups. He summarized the memo and said Council wanted both Planning Commission and CIT comments. Hendryx said the purpose of the memo was to provide some recognition of the CITs for planning related items. Commissioner Griffith commented that the memo lists everything the CITs would do and asked what the CITs perceive the Planning Commission to be. He also noted that the CITs are always on the Council agenda. PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 7 • • Commissioner DeFrang asked what the Planning Commission roles would be for the items listed on the memo. Hendryx answered that the CITs shall provide input on park planning issues that involve Comprehensive Plan policies or changes to the Comprehensive Plan or zoning maps. He said the Planning Commission would include CIT comments in their deliberations and the recommendation would then go to the City Council. Commissioner Holland said he hoped the CITs don't get confused about the process by going directly to City Council instead of the Planning Commission. Commissioner Padgett noted that the CITs are the designated primary recommending entities to the City Council for some issues and the Planning Commission is the primary recommending entity on others. He said that on those issues where the Planning Commission is the primary recommending body, the CITs should go through the Planning Commission and the Planning Commission would go to the City Council. He said a CIT member could then go to the City Council as an individual and plead their case, but not as a representative of a CIT. President Wilson said that the role of the Planning Commission needs to be better defined. Commissioner DeFrang commented on poor attendance at CIT meetings. Commissioner Padgett said that every City newsletter should have map that shows CIT boundaries. Jim Hendryx asked the Commissioners how they wanted him to proceed. The Commissioners said they would like a couple of weeks to respond to the memo. 7. ADJOURNMENT The meeting adjourned at 9:40 p.m. Jerre: aynor, tannin ommission Secretary - r -VA A i ST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES - June 17, 1996 - Page 8 • AGENDA TIGARD PLANNING COMMISSION 411 aC'�� JUNE 17, 1996 - 7:00 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. ETHICS TRAINING (7:00 - 7:30) Bill Monahan 4. PLANNING COMMISSION COMMUNICATIONS 5. PUBLIC HEARING 5.1 MINOR LAND PARTITION (MLP) 96- 0009/ZONE CHANGE (ZON) 96- 000,'3 GRECO REQUEST: A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R -4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. 5.2 COMPREHENSIVE PLAN AMENDMENT (CPA) 96- 0004/ZONE CHANGE (ZON) 96- 0003 /PLANNED DEVELOPMENT (PD) 96 -0002 SATTLER SITE REQUEST: Amend the Comprehensive Plan map and zoning map on 27.5 acres located on three parcels west of SW Hall Boulevard and south of SW Sattler Street. The application seeks to change the eastern 8.5 acres, along Hall Blvd., from Medium Density Residential /R -12 to Medium Density Residential /R -7; and to change the western 19 acres from Low Density Residential /R-4.5 to Medium Density Residential /R -7. LOCATION: West of Hall Boulevard and south of Sattler Street. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 8.1.1 and 12.1.1(2); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: R-4.5 (Single - Family Residential) allows single - family detached units, manufactured homes, farming family day care and conditional uses such as single - family attached units, duplex units, religious assembly and schools. R -12 (Multiple - Family Residential) allows single - family detached and attached units, duplex units, multiple - family units, residential care facilities, mobile home parks and subdivisions, public support and • • family day care services and conditional uses such as community recreation, religious assembly, schools, hospitals and residential care facilities. 5.3 COMPREHENSIVE PLAN AMENDMENT (CPA) 96 -0001 BLEDSOE REQUEST: Amend the text of the Urbanization section of the Comprehensive Plan by adding a new policy as follows: 10.1.4 An exception to Policy 10.1.3 is that the city may assign zoning closest to existing development in low density residential established areas. LOCATION: Citywide. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 10 and 14; Tigard Comprehensive Plan policies 1.1.1, 2.1.1 and 6.1.1; Tigard Community Development Code chapter 18.30; and Oregon Administrative Rule Chapter 660, Division 12. ZONE: N/A 6. PLANNING COMMISSION AND CIT ROLES Jim Hendryx 7. OTHER BUSINESS 8. ADJOURNMENT • • • Agenda Item: 5 / Hearing Date: June 17. 1996 Time: 7 :30 STAFF REPORT TO THE • PLANNING COMMISSION ..- .. .. CITY OF noaac FOR THE CITY OF TIGARD, OREGON SECTION I: - APPLICATION SUMMARY CASES: FILE NAME: GRECO __ Minor Land Partition MLP 96 -0009 Zone Change ZON 96 -000 PROPOSAL: The applicant has requested: 1. Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2. Zone Change approval to designate the property with R-4.5 zoning. APPLICANT: Leonard Greco OWNER: Same 21902 SW Columbia Circle Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Low. ZONING DESIGNATION: R-4.5. LOCATION: 11435 SW Fonner Street; WCTM 2S1 3AC, TAX LOT 1000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50.050, 18.162.040, 18.162.050, and 18.164. SECTION II: STAFF RECOMMENDATION: Staff recommends that the Planning Commission find that the proposed Minor Land. Partition/Zone Change will not adversely affect the health, safety and welfare of the city. Therefore, staff recommends APPROVAL, subject to the following conditions of approval.. The findings and conclusions on which the decision is based are noted in Section IV. STAFF REPORT TO THE PLANNING COMMISSION MLP 96-0008/ZON 96-0004 - GRECO PAGE 1 • • • CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED ;. PRIOR TO: RECORDING ; THE PARTITION PLAT: (Unless otherwise noted, the staff contact shall be. Brian Rager, Engineering Department (503) 639 - 4171.) 1. 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. 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. C. The right -of -way dedication for SW Fonner Street, to provide a total of 30 feet from centerline, shall be made on the partition plat. 2. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate 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. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, that are available at City Hall. 3. Prior to approval of the final plat, an agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Fonner Street. 4. Prior to approval of the final plat, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 6. Plans approved be Tualatin Valley Fire and Rescue. Access drives in excess of 150 feet shall provide for an emergency vehicle turnaround. Staff Contact: Will D'Andrea, Planning Division. STAFF REPORT TO THE PLANNING COMMISSION MLP 96 -0008/ZON 96 -0004 - GRECO PAGE 2 • • 7. All concentrated • storm water from new construction on lot 1 shall be conveyed to the existing creek through an easement to be provided in lot 2. 8. Revised plan that shows the provision of a 10- foot -wide paved driveway. 9. Removal of the two existing residences. The applicant shall obtain a demolition permit from the Building Division. PRIOR TO THE ISSUANCE. OF BUILDING PERMITS, THE FOLLOWING :: CONDITIONS; SHALL. BE SATISFIED 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. THIS APPROVAL. SHALL: BE VALID FOR .18: MONTHS FROM`THE EFFECTIVE DATE OF THIS DECISION:: SECTION III: BACKGROUND INFORMATION Site History: The property was annexed, March 7, 1996 through direct action by the Portland Metropolitan Area Local Government Boundary Commission. Typically, properties first receive Zone Change Annexation approval through the City, at which time zoning is assigned, prior to making application at the Boundary Commission. This property was added on to an annexation request at the Boundary Commission that had not previously received Zone Change Annexation approval. Therefore, while the property is officially a part of the City, it has not been assigned a zoning designation. This application requests that the Planning Commission assign the appropriate zoning designation to this property. Vicinity Information: Property to the north and northeast are zoned R-4.5 and are developed with single - family residential development. Property to the east, south and southwest are under the jurisdiction of Washington County and are developed with single - family residential development. Site Information and Proposal Description: The 1.27 acre site is currently developed with three residential structures. The property contains a number of mature trees and contains a drainageway on the northern portion of the property. The applicant is proposing to demolish two of the structures and to partition the 1.27 acre parcel into two parcels of 33,600 and 18,900 square feet. The 18,900 STAFF REPORT TO THE PLANNING COMMISSION MLP 96 -0008/ZON 96-0004 - GRECO PAGE 3 • •.. •< square foot lot will be developed with a single - family residence. The applicant also requests a zone change to designate the property with an R-4.5 (Residential, 4.5 units per acre) zoning designation, the most comparable zoning to Washington County's R -5 (Residential, 5 units per acre) zone. The designation is necessitated by the Boundary Commission's annexation approval which did not assign a zoning designation. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Minor Land Partition - Approval Standards: Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83 -52). The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. This proposal, therefore, is not in conflict with the Low Density Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal or shall be conditioned to be provided with this approval. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. 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. STAFF REPORT TO THE PLANNING COMMISSION MLP 96 -000820N 96-0004 - GRECO PAGE 4 • • 3. . 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 4. Setbacks: Setbacks shall be as required by the applicable zoning district 5. Front Yard Determination for Flag Lot: 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. 6. 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 7. 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. 8. 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. 9. Accessway: Any accessway shall comply . with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. 10. Floodplain: 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. Criteria 1 is satisfied as the minimum lot widths of lots 1 and 2 are 105 and 120 feet respectively, thereby, exceeding the 50 -foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 18,900 and 36,300 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 105 and 15 feet of frontage on SW Fonner Street, satisfying the minimum 15 -foot width requirement. As indicated on the proposed plan, Criteria 4 is satisfied on lot 2 as setbacks are provided in accordance with R-4.5 zoning setbacks. Criteria 4 shall be satisfied on parcel 1 as setbacks will be reviewed when it is built upon. The plan shows that the existing structures will be removed. The removal of these structures must be completed prior to recording the partition plat. Failure to remove the middle structure would result in a violation of setback criteria. STAFF REPORT TO THE PLANNING COMMISSION MLP 96 -000820N 96-0004 - GRECO PAGE 5 • • • Criteria 5 is satisfied on lot 2 as the applicable setbacks have been provided. Criteria 5 is not applicable to parcel 1 as it is not a flag lot. Criteria 6 is not applicable as there is an existing driveway that serves the existing house and the future house on lot 1 will share this existing driveway. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby, satisfying Criteria 7. Southwest Fonner Street is designated as a minor collector street on the Comprehensive Plan Transportation Map. The City limits the number of individual driveways that directly access such collectors. The newly created lot will share the existing driveway. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved lot line adjustment survey map, thereby, satisfying criteria 8. Criteria 9 is partially satisfied as the plan provides for a common drive with a minimum 15- foot access width. Section 18.108.070 states that a minimum pavement width of 10 feet is required for a driveway serving two lots. In addition, access drives in excess of 150 feet in length shall provide for an emergency vehicle turnaround. This access shall be a level, hammerhead - configured, paved surface, with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. The applicant shall provide an approved plan, for an emergency vehicle turnaround, from Tualatin Valley Fire and Rescue. Criteria 10 is not applicable as neither parcel is within the floodplain. Section 18.88,010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement 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. As proposed, the newly created lot will meet the basic requirement as it provides a north -south dimension of 90 feet and has a front lot line that is oriented within 30 degrees of a true east -west axis. • PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW Fonner Street, which is classified as a minor collector to be built to the following standard: 60 -foot right -of -way (ROW), two 14 -foot travel lanes, one 12 -foot center turn lane, and two five -foot sidewalks. At present, there is only 40 feet of total ROW adjacent to this site (20 feet each side of centerline). The applicant, as a part of developing this site, will be required to dedicate additional ROW in Fanner Street to provide 30 feet north of centerline. Currently, Fonner Street is a two -lane paved street that is not built to City standards, but functions well under current traffic loads. • Since this partition will not significantly increase the amount of traffic on the roadway, the City will not require the applicant to make street improvements at this time. Instead, the applicant will be required to enter into a non - remonstrance agreement which will obligate the property owner(s) to participate in the future widening of the roadway. STAFF REPORT TO THE PLANNING COMMISSION MLP 96-0008/ZON 96-0004 - GRECO PAGE 6 • • SANITARY SEWER: There is an existing eight -inch public sanitary sewer line approximately 100 feet east of this site that is available to serve the proposed lots. The applicant proposes to extend the public line west in Fonner Street to the west boundary of the site. According to City as- builts, the depth and capacity of the sewer line should be adequate to serve this property STORM DRAINAGE: The topography of this site slopes toward the north into a local drainage channel. The applicant has indicated that the new homes will drain toward the channel. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) that requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. However, in this case, there are existing homes on this site and the applicant will not be required to address this issue. GRADING AND EROSION CONTROL: USA R &O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. ZONING DESIGNATION: • Amendments to the Title and Map: Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the zoning district map. A recommendation or a decision to approve, approve with conditions, or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community. This section is satisifed as the applicable plan policies related to the proposal are reviewed below. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore, specific review of each statewide planning goal is not applicable. STAFF REPORT TO THE PLANNING COMMISSION MLP 96-0008/ZON 96-0004 - GRECO PAGE 7 • • The applicable standards of any provision of this code or other applicable implementing ordinance. All other applicable provisions are satisfied as discussed by this analysis and review process. Evidence of change in neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. The inconsistency in the zoning map that relates to this property is the fact that the Boundary Commission approved the annexation, a specific zoning designation was not assigned as part of the annexation, and the site already has a low density Comprehensive Plan map designation. Assigning a specific zoning designation removes the inconsistency in the zoning map. As stated before, the specific R-4.5 zone to be assigned is dictated by policies in the City's Comprehensive Plan, City Community Development Code and the Urban Planning Area Agreement between Washington County and the City. Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. Annexation: Policy 10.1.3 states that upon annexation of land into the City which carries a Washington County zoning designation, the City of Tigard shall assign the City of Tigard zoning district designation which most closely conforms to the County zoning designation. This policy is satisfied as the City R-4.5 (Residential, 4.5 units per acre/7,500 square foot minimum lot size) zone is the closest zone to the Washington County R -5 (Residential, 5 units per acre/7,000 minimum lot size) zone. SECTION V: OTHER STAFF COMMENTS The City of Tigard Building Division has reviewed this proposal and has offered the following comments: It appears that water and sanitary will go independently to each lot. Storm sewer - since topography is downhill from the street to the creek, lot 2 should provide an easement (for storm) to lot 1 so that storm can go to the creek. Condition: All concentrated storm water from new construction on lot 1 shall be conveyed to the existing creek through an easement to be provided in lot 2. No other comments or objections have been received. STAFF REPORT TO THE PLANNING COMMISSION MLP 96-0008/ZON 96-0004 - GRECO PAGE 8 • SECTION VI AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the following comments: Access roadway to parcel 2 shall be not less than 15 feet drivable surface. Hydrant shall be within 500 feet of all portions of structures. Submit plans for review and approval. No other comments or objections have been received 2 ) th Yr.IfyriAle June 6. 1996 PREPARED BY: William D'Andrea DATE Assistant Planner �e-� j -��-� -=� June 6. 1996 APPROVED BY: Richard Bewersdo DATE Planning Manager I:ICURPLMPATTY WILP -OEC. DOT STAFF REPORT TO THE PLANNING COMMISSION MLP 96-0008/ZON 96 -0004 - GRECO PAGE 9 • " 7 Si' . Al i CL GP o . tar *t Z g (0 110USt a a ' w v_ - ., a, j T60. 1; I El 6 I a , ' CIS IA' �i F l�I ( I: I * : U.. F I . F 0 I I. 4' r , 4 , I • • • ' • I F y • Si .. ` 3 I F c r C `' F I 'r. • f • ! 1 I , , b • c r I I 1 6 6 4 1. . , 1 i i I PLOT PLAN A CASE NO. l' EXHIBIT MAP i MLP 96-0009/ZON 96-0004 TREES: F =Fir C =Cedar M =Maple GRECO — . � ���R • ' ' - 1 LI---i- �� mil 11 111111111111111 11 ' va 4 ■ tall! n r - - 7 . - — . 0 , . +_.. 1 c mi !-it 1111 ' 0 OW IIII ' 1 1417 II. co. r ill &Ill ' i 0 = ___J irf l _, co ' ------sTi-- SUBJECT - N, ,..•-■ _ _ min*". A !. g. PARCEL---> > 4 -. limn _ zi : E. ks 'mow' V t ' ri vi 1 ' I. .1' v - a ...., _ - ,, 4 ,.• P . , Ilik.../1_ rio: kiebv.0 45 di , ' cfrg, •P *Ow -Ir *4 ..'N• ____ •.**I. *i‘w.- • am 7 0 • /aPir vv: /iv ANL , - 7 , ■ ** . , < ; z - 1 4* • . . - - Ma ° . • - - Vicinity Map 4, , A t °CI. IXV 3 c ° c ? 6 - 0 0 0 4/ZON 96-0004 C COMMUNITY NEWSPAPERS, INC Legal I TT 8526 • Notice i. k C E 1 � r ' P.O. BOX 370 PHONE (503) 684 -0360 • 1Gq BEAVERTON, OREGON 97075 `t (F� I Legal Notice Advertising -• ov TIGARI'' ' • City 1 of Tigard • ❑ T earsheet Notice ' .13125 SW Hall Blvd. • ❑ Duplicate Affidavit • Tigard ,Oregon 97223 -8199 1 • A ccount s Payable :Terry • The following will be considered by the Tigard Planning Commission on ■ Monde June 17 1996, at 7:30 P.M., at the Tigard Civic Center — Town • , . . oulevard, Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be AFFIDAVIT OF PUBLICATION conducted in accordance with the rules of Chapter 1832 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. • STATE OF OREGON, ) Failure to raise an issue in person or by letter at some point prior to the COUNTY OF WASHINGTON, ) close of the hearing accompanied by statements or evidence sufficient to 1, Kathy Snyder allow the hearings authority and all the parties to respond on the request, being first duly sworn, depose and say that I am the Advertising precludes an appeal, and failure to specify the criterion from the .. • - Director, or his principal clerk, of theTiga Times Community Development Code or Comprehensive Plan at which a a newspaper of general circulation as defined in ORS 193.010 comment is directed precludes an appeal based on that criterion. Further information may be obtained from the Planning Division at 13125 S.W. - and 193.020; published at Tigard in the Hall Blvd., Tigard, Oregon 97223, or by calling 639 -4171. arf @sajll6co 9 Greco that the A11.Y y9 UU UU PUBLIC HEARINGS a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and MINOR LAND PARTITION (MLP) 9641009/ ZONE CHANGE (ZON) 96 -0004 consecutive in the following issues: • > GRECO < A request for the following development applications: 1.) Minor Land ' June 6 ,19 9 6 Partition approval to divide one (1) parcel of approximately 1.27 acres - -_ :- . ° " . • ..I • into two (2) parcels of approximately' 18,900 and„33,600 square:feei and i 2.) Tone Change- approval•to designate. thei th= R=44oning.. LOCATION: 11435 S.W.. Fonner Street (W 1 3A'C, Tax Lot • 1000). East of S.W. 115th Avenue and west of S.W. 111th Place.' ` 7 Q -4.( Jf( r APPLICABLE REVIEW CRITERIA: Community Development Code ' CI iJ Sections 18.50.050, 18.162.040, 18.162.050 and 18.164. ZONE: R-4.5 4.5 units acre). The R-4.5 zone allows single-family • Subscribed and sworn t ore me thi 19 9 6' (Residential, , per ) g Y residential units, public support facilities, residential treatment home, cJl: farming, manufactured home, family day care, home occupation, Notary P c for Oregon temporary use, residential fuel tank, and accessory structures. TT8526 — Publish June 6, 1996. My Commission Expires: AFFIDAVIT - • • MEMORANDUM CITY OF TIGARD, OREGON DATE: June 4, 1996 TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer RE: MLP 96- 0009 /ZON 96 -0004 GRECO Description: The applicant requests partition approval to divide one parcel of 1.27 acres into two parcels. The site is located at 11435 SW Fonner Street (Tax Map 2S1 3AC, Tax Lot 1000). Findings: 1. Streets: This site lies adjacent to SW Fonner Street, which is classified as a minor collector to be built to the following standard: 60 -foot right -of -way (ROW), two 14 -foot travel lanes, one 12 -foot center turn lane, and two five -foot sidewalks. At present, there is only 40 feet of total ROW adjacent to this site (20 feet each side of centerline). The applicant, as a part of developing this site, will be required to dedicate additional ROW in Fonner Street to provide 30 feet north of centerline. Currently, Fonner Street is a two -lane paved street that is not built to City standards, but functions well under current traffic loads. Since this partition will not significantly increase the amount of traffic on the roadway, the City will not require the applicant to make street improvements at this time. Instead, the applicant will be required to enter into a non - remonstrance agreement which will obligate the property owner(s) to participate in the future widening of the roadway. 2. Sanitary Sewer: There is an existing eight -inch public sanitary sewer line approximately 100 feet east of this site that is available to serve the proposed lots. The applicant proposes to extend the public line west in Fonner Street to the west boundary of the site. According to City as- builts, the depth and capacity of the sewer line should be adequate to serve this property. ENGINEERING COMMENTS MLP 96 -0009 GRECO PAGE 1 • • 3. Storm Drainage: The topography of this site slopes toward the north into a local drainage channel. The applicant has indicated that the new homes will drain toward the channel. 4. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. However, in this case, there are existing homes on this site and the applicant will not be required to address this issue. 5. Grading and Erosion Control: USA R &O 91 -47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91- 47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 1. 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. 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. ENGINEERING COMMENTS MLP 96 -0009 GRECO PAGE 2 i • C. The right -of -way dedication for SW Fonner Street, to provide a total of 30 feet from centerline, shall be made on the partition plat. 2. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate 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. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 3. Prior to approval of the final plat, an agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Fonner Street. 4. Prior to approval of the final plat, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 6. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. APPROVED: ' fvzs O Greg Berry, Acting City Engineer is \eng\brian r\m1p96 -09. bdr ENGINEERING COMMENTS MLP 96 -0009 GRECO PAGE 3 • 1 ` Ii CITY OF TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY JUNE 17. 1996 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO: MINOR LAND PARTITION (MLP) 96 -0009 ZONE CHANGE (ZON) 96 -0004 FILE TITLE: GRECO APPLICANT: Leonard Greco OWNER: Same 21902 SW Columbia Circle Tualatin, OR 97062 REQUEST > A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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 FOR SET -UP. MLP 96- 0009/ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL ANYONE WISHING TO PRESENT ORITTEN TESTIMONY ON THIS PR OSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION 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 MAY 23 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 COMMISSION 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 TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 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 (250 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 (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY ) HALL, 13125.SW HALL BOULEVARD, TIGARD, OREGON 97223. 1 ; 1 1 L 17 1 lii l 1 1 I 1 �I j • i _ \ I i t - 1 1 i H J 1 I ' I i i l �- _ U SBJECT I PARCEL -» I I •it I f \ \ \ - ( I i / i \� i v��� MLP 96- 0009 /ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL 06/03/96 13:53 1T503 526 2538 TV FIRE MARSHAL 0002/002 • • • 1`j • CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 16. 1996 TO; Tualatin Valley Fire & Rescue FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96 -0009 /ZONE CHANGE (ZON) 96 -0004 GRECO Q A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Former Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. 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: Ildesday - May 28, 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: I 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: 1) 1 c c 1 4 1 L- • �- a L A 1 , 1 . - 5 . 5 1 (-a 0.1 S - - FA_, fa-1., Jva -1 ) Itt y d e Yk- L1 0 tca A 4 6 i en.-dj 4 i 1/ tc-J 45 kw 4 (Tfeare provide r.fie fi, .mats) Name of Person(s) Commenting: < r �V_ i r I Phone Number(s): . � S73 �� I ` r' MLP 96- 00092ON 86-0004 GRECO NOTICE OF DECISION/PROPOSAL 06/03/96 13:53 $503 526 2538 TV FIRE MARSHAL Ij 001 /002 • S Tualatin Valley Fire & Rescue Fire Marshals Office 4755 SW Griffith Dr. Beaverton, OR 97005 (503) 526 -2469 FAX: (503) 526 -2538 FACSIMILE TRANSMITTAL 116 To: L4 11; 0 �n c�r� C x 31 S� From: Cry_ 11 Date: RE: Note: Number of pages: 2 (including cover page) If you do not receive all pages, please call as soon as possible (503) 526 -2469 Thank you. iq +,> > "Working" Smoke Detectors Save Lives RECE• PLANNING MAY 2 0 199 � AA +111 • CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 16. 1996 TO: David Scott. Building Official FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96- 0009 /ZONE CHANGE (ZON) 96 -0004 > GRECO Q A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. 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: Tuesday - May 28. 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 rovided below: I> _-') CA :'. S — 41-1A °-' -\ o V. b\s\r'lv\ Cv" Sr '°1/4\ . c.., • • c_. \ l \ a o d ALL, c'- SNaa ' i> Y % a w. Y‘%.) CO\S'F�\,� V.N. ,ts„ \A \ 5 GNN - 4- �o 4 ") k �� NN Qs:4\ 1?•S'S.R3 • % ' ft/s k ‘4 ' si \ ci.-\ '--. - (C!" V . '1 I (cPfease provi& the foQowinginformation) Name of Person(s) Commenting: �,� I I Phone Number(s): Th \-\ I MLP 96- 0009/ZON 96 -0004 i GRECO NOTICE OF DECISION /PROPOSAL • • RECEIVED PLANNING • MAY 2 ® . OFTIGARD REQUEST FOR COMMENTS DATE: May 16. 1996 TO: Michael Miller. Operations Water Dept. Manager FROM: City of Tigard Planning Department STAFF CONTACT: William D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0009 /ZONE CHANGE (ZON) 96 -0004 > GRECO < A request for the following development applications: 1.) Minor Land Partition approval to divide one (1) parcel of approximately 1.27 acres into two (2) parcels of approximately 18,900 and 33,600 square feet; and 2.) Zone Change approval to designate the property with R-4.5 zoning. LOCATION: 11435 SW Fonner Street (WCTM 2S1 3AC, Tax Lot 1000). East of SW 115th Avenue and west of SW 111th Place. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.162.040, 18.162.050 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. 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: Tuesday - May 28, 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: A 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: 4 (cPkase prrtvide tfiefollowinginformaton) Name of Person(s) Commenting: I /141k/E P11 I Phone Number(s): X5 — MLP 96- 0009/ZON 96 -0004 GRECO NOTICE OF DECISION /PROPOSAL ti ri f-6 (" July 18, 1997 Tualatin Valley Fire and Rescue attn: Jerry Renfro, DFM 4755 SW Griffith Dr. Beaverton, OR 97005 re: File Number 1170- 96( ?); Greco turnaround (off Fonner) Dear Jerry, Here are two copies of the revised drawing, showing all 15' of the driveway paved with asphalt. As I understand your letter of July 15, this should satisfy all your requirements. Could you please contact the City of Tigard ( Will D'Andrea, 639 -4171) to communicate your approval? Sincerely, co A Doug Gilbertson PE copy: Lennie Greco M c? CtI-O 2 -t i C ; Ijo I N ,)Noi E ovEO i / �'`., 70 : c T10N PERMIT 91 :.,.. I / � MOLI I � REQUIRED). C) :. :� i / I r -... \ z= 0 C .‘i- t .,1 1'd= F z I 1 I 1 j E) E i � - I I \ F) 3 i �� i I � i 1 1 w � I G) ::: i ° I I I 1 'K 4•44671- EXIST. I D 1 I H) �� ' Q 1 C i r 1 I) I I � I I SECTION ; 1 PARCEL 1 I � I U 1 J. I I I i h 1 I I z I I I ll I • I ► io I- I I I I z 1 5 i � u i • • • I I C ,.OS te r-- ; . I \ 1 ; . / � \ _. ,," + ' \ 1 1 r J i ='J J cr ■ � ■ 11 7 IR ∎,EDA o . ___ -_ _ - - - --- .- - - - 7:: !N),/ . g EAD TES -- _ 1 � = _NM - _ - = .5$ LF S" -' PvC S E � ��D R wm �- r �,� �. .- - � - - - , 2L_ -" ' INS 2 � 2 I S•W• ,..— •c— NN 2 00 z 87 g" STUB O _ _ - _ _ _ 5 �W - �- - CO ± 1 _ - - - _ Wu MH # M - 2 +22.6 _ E P - _ - - rn - • - FH • 'it titri • • ''..;',: ';''i .,., , • . ,.....,,...,•, : ..,,, i i, . , . . - . _ .,,,..,,,,.....,,,,,2,9.", i.' • ' ' '.. 4 1. . 1 . ■.I ' 11 , ,!;) :: ., ' . l , .c S' k .; •, ' tf;' . ;t0 .9. ' '' ,. ', :, ..I : 1 :' 1 ; :*. ;I; .: '; • . 1 ; .' P AN ' : . . 1 ■ t ' t • . . • • I : : 0 1 1 11 1 : I . I . • . !. • t ' a , • ., / ,.,-. • •,, .- ..,.• . . , • / . e It 11 i . • it Or .. • 11/ : p • - Otiti . : ,?r,)/ • . . . . , l.V / L # 2. .t. • .,. . ,. 6 / til • ,-, . c, , ., ,.. .--- . ............... . • ..--/ ill , . / . .... ), / I • . . • I It I I • .. , \() .. - ti ,. (.0 ?rosq.' '441 l• C. " 4 0, t • i C• ...air • it. 0 I --"-T I4oute . I c • ' I • , ,., 11 . N :It 1 • -1 4, . • r I tp . ).' 14 °LAS 11 I 1 6 I I If5 11-- I _• r ! , , N I I_ , .. . : P 0 , 1 • , • Ot ... • _.2.-4, 180 c i ---- -- ' F , it II • 4 . I . , I • v r S I l l 100 4 S $ C • 4 2 e ; , • i . I C 4 , r 4 V , I ' a d• 2. •.• ,' I l r „ • • 4 R o i ., o 5 . . 9 lo . • • 3 lo I 1 r li . • , b a• ,, r C . 7 F . If a! • 4 1 • . i.? V ' ' : 1 0 • 1. I i • ig; 3 • Fl IL' ., s f i . es-........u............. i I S1 / 4 , -6 r miti . • • • ‘ . - , • \ 1/1 . t;_i di IsA IN ti V.,4-#' C, att. 8 ar 0.0 -- rffe$ P M,L P 9LJa SHEET 1 OF / INITIAL ITIAL P 1 0 NT THIS PLAT 4O" LOCATED IN THE NE 1/4 OF • N SECTION 3, T 2S, R 1W, WM; No. / 5, \ CITY OF TIGARD, WASHINGTON PARTITIO\ PLA CO., OREGON • NW CORNER D6 , I �-------- WESTERLY NW CORNER DRAWING DATE AUGUST 13, 1997 11--J E RTY RECORDED AS DOCUMENT NO. IR SUBJECT PROPERTY \/2" D THIS PLAT COMPLIES WITH CITY OF TIGARD �z HELD "HERTEL" FOR /SW CORNER P1 CASE FILE NUMBER MLP 96 -0009 M / U W \ / 0 \ Oj HELD "HERTEL" FOR \ 1" = 8.3 j SE LINE OF P1 G NRATIV AR E 4 � 10. �� . ° 1 \% THE PURPOSE OF THIS SURVEY WAS TO PARTITION THE SUBJECT PROPERTY a.0- 1 ti ' , . O ,� ui (DESCRIBED IN DOC #95027164) INTO TWO PARCELS AS SHOWN. Q N '� 15 ce '� ° NhON,jO ��� , 0 z � hh O. \ . THE BASIS OF BEARINGS IS THE LINE BETWEEN THE SW CORNER OF WALNUT GROVE 0 L 5h AND 0.07 FT. WESTERLY OF A 3/4 ID IP, AS SHOWN; THAT LINE WAS z ASSIGNED THE BEARING N 0 °46' 00" E, AS PER WALNUT GROVE. I HELD THAT LINE al m o �� Q" Gl , \60 Q w FOR THE 1/4 SECTI LINE AS PER WALNUT GROVE. o �� a a 4 �6 ° \` y � � � z� I ESTABLISHED THE NORTH LINE OF S.W. FONNER ST. USING THE TWO MONUMENTS 0 20 40 w W ,� ` L 2 \ F� O OF RECORD AS SHOWN. THE CENTERLINE OF S.W. FONNER ST. IS OFFSET 20 FEET r . '_ Nay o ,( 4. o . FROM THE NORTH RIGHT OF WAY LINE. 10 30 0 ■ w ��- �.� ` �1 \ � 0,(,)1� o w I DOC #95027164 CALLS FOR THE SOUTHERLY LINE OF WALNUT G I ESTABLISHED THAT z o o vi O �� Q p \N� � ° '�� 0 ���`' v) z LINE USING THE TWO MONUMENTS OF RECORD AS SHOWN. SCALE: 1" = 50' 0 0 g `- No .\13.,\- No \.\-b -b 4 F OUND 3 4" IO ►P o.0 w w D EXCEPTS BK. 796 PG 773. THE WEST LINE OF BK 796, PG 773 WAS ESTABLISHED W z o "- \N\ Q F� / I THE SUBJECT PROPERTY EXC I ¢ o ,. 3.17 N, 0.17 E; UP 1.1' 6 r - ALONG THE 1 /4 SECTION LINE USING DEED DISTANCE FROM CENTERLINE S.W. FONNER ST. THE EAST LINE ,� / 112.04 C OF BK 796, PG 773 WAS ESTABLISHED BY HOLDING A 3/4" ID IP FOR EAST -WEST AS SHOWN S87 °41'2 W 115.10 (C) . AND RUNNING PARALLEL TO THE 1/4 SECTION LINE DEED DISTANCE (LESS 20.03 1/2" IR (R4?) / `V FEET TO THE CENTERLINE). CONNECTING THE NORTH ENDS OF THE WEST AND EAST LINES PRODUCES THE NORTH LINE OF BK 796, PG 773. 0.03 N, 0.76 W PARCEL 2 I THE EAST LINE OF DOC #95027164 WAS ESTABLISHED BY HOLDING THE 1" ID IP FOR EAST -WEST 36,270 SF AT THE NORTH RIGHT OF WAY LINE OF S.W. FONNER ST., AND EXTENDING THROUGH THE 1" ID IP TO THE NORTH LO AS PER BK 171, PG 347. INTERSECTING THAT EXTENSION WITH THE SOUTH LINE OF WALNUT GROVE COMPLETES 1" S1 38'2 " W I N-i THE EAST LINE. 48.30 15 ¢ FROM CORNER in -(-6' ® HELD I" ID IP DISTANCES SHOWN ARE FOR ACTUAL LINES; MONUMENTS �. • AS PER D4 FOUND MORE THAN 0.10 FEET FROM LINES HAVE THEIR z N 03 in FALLINGS NOTED. DATA SOURCES. AND COMPARISON DATA p S 87 °41'31" W 4 ARE SHOWN IN PARENTHESIS. MONUMENTS ARE - - w '- r 106.03 0 FLUSH AND STRAIGHT UNLESS OTHERWISE NOTED. (n �� 15' Q w � Z° I � 0 D6 ,_ O N . ,„ , ........ w w Ln co ( 0 N LEGEND Z ;4. c N LL n r D z� O Z w PARCEL 1 O SET 5/8" X 36" REBAR WITH 17,871 SF YELLOW PLASTIC CAP MARKED "GILBERTSON REGISTERED co Ed u)oo z LS 2047 oo c Q o PROFESSIONAL V) 0 CO o ON AUGUST 20, 1996 LAND SURVEYOR Lii Z N) o , � ® = FOUND MONUMENT AS NOTED O IR IRON ROD, IP = IRON PIP 0 z CV r N / ^ 3• ID = INSIDE DIAMETER ; OD = OUTSIDE DIAMETER OREGON HELD 3/4" ID IP AS 10' WIDE PUBLIC 0.07 EASTERLY OF LINE RIGHT OF WAY DEDICATION O <. (M) = MEASURED DISTANCE, MONUMENT TO MONUMENT JULY 15, 1983 • AS PER P1, AND FOR 15' .r• HELD 3/4" ID IP FOR (C) = CALCULATED (INVERSED) TO JOIN ESTABLISHED LINES DOUG GILBERTSON 2047 NORTH LINE S.W. FONNER N 106.08 Q' NORTH LINE S.W. FONNER ST. O.U. = OR',IGIN UNKNOW RENEWAL DATE 6/30/99 ST. AS PER R1, R3 ° S 87 °41'31" W AS PER R7 P1 = PLAT OF WALNUT GROVE; BK 80, PG 14 • 1211 SF 10,017/ 100.16 M R1 = S/N 26,241 y 1 o.o1 " R4 = S/N 8,988 115.10 (C) - 121.11 M 121.3 D7 o F ON NER C � • 115 03 (M) : 87° 41'31 W 336.30 06 R3 = S/N 10,167 � • .J N _ S — — — D1 = BK 83, 179; MAY 24, 1909; 1—__. _ : (N 87 ° 46 ' E 33 ( R3) ) N C.R. # 495 FONNER D4 = BK 171, PG 347; MARCH 16, 1938; SMITH GILBERTSON N D5 = BK 308, PG 301; APRIL 29, 1950; STRUTZ df''1'r' ' 16920 GREENTREE AVE. I IP D6 = BK 796, PG 773; OCT. 28, 1970; HASS LAKE OSWEGO, OR HELD 3/4" ID -_ _ = CENTERLINE OF 40' RIGHT OF WAY 1: D = DOC #95027164; APRIL 20, 1995; GRECO - 1,1:4---3 - , " 97034 AS PER R3; I FOUND 1/2" ID IP: � "HERTEL" = 5/8" REBAR WITH YELLOW PLASTIC CAP (AS SHOWN IN R3)N MARKED HERTEL PLS 1896" (503) 635 -7590 Ao 0.94 N, 0.43 W : GEODETIC CONTROL MONEUMENT •° „� 3 BRASS DISC AS PER E NGINEERING JOB #9650 CITY OF TIGARD GPS POINT NO. 146 0 PER SURVEY NO. GC 22 _. _ _ . ` — °"___`. __.____ I I , pA..,,TIT10\ - SHEET 2 OF 2 LOCATED IN THE NE, 1 /4 OF PLA SECTION 3, T 2S, R '1W, WM; CITY OF TIGARD, WASHINGTON CO., OREGON DRAWING DATE AUGUST 12, 1997 FOR LEONARD GRECO RECORDED AS DOCUMENT NO. DECLARATION APPROVALS =, � su��v�Y0 s CERTIFICATE KNOW ALL MEN BY THESE PRESENTS, THAT LEONARD GRECO, OWNER OF THE LAND DESCRIBED IN THE ACCOMPANYING I, DOUG GILBERTSCN, HEREBY SAY THAT I HAVE CORRECTLY SURVEYED AND MARKED SURVEYOR'S CERTIFICATE, DOES HEREBY MAKE, ESTABLISH, WITH PROPER MONUMENTS THE LAND REPRESENTED ON THE ACCOMPANYING PARTITION AND DECLARE THE ANNEXED PARTITION PLAT TO BE A TRUE AND CORRECT APPROVED THIS 13 DAY OF tt�i_ , 1997, PLAT, SAID LAND 6EING LOCATED IN THE NE 1/4 OF SECTION 3, T 2S, R 1W, WM; PLAT THEROF, ALL PARCELS AND EASEMENTS BEING OF DIMENSIONS SHOWN. CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID LAND BEING DESCRIBED IN I HEREBY DEDICATE THE ADDITIONAL RIGHT —OF —WAY TO THE PUBLIC FOR WASHINGTON CO. COCUMENT #95027164, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PUBLIC USE, AND HEREBY GRANT ALL EASEMENTS SHOWN OR NOTED , P. clA,A_,....,..__ ON SAID PLAT. THIS PLAT COMPLIES WITH O.R.S. CHAPTER 92. CITY OF I GARD CITY ENGINEER BEGINNING AT AN INITIAL POINT ON THE SOUTH LINE OF WALNUT GROVE, WHICH POINT IS MARKED BY A 5/8" X 36" REBAR WITH YELLOW PLASTIC CAP STAMPED "GILBERTSON LS 2047", WHICH POINT IS NORTH 55 °43'06" EAST 3.74 FEET FROM A 5/8" IRON ROD — tZ WITH YELLOW PLASTIC CAP STAMPED "HERTEL PLS 1896" AT THE SOUTHWEST CORNER OF WALNUT GROVE; THENCE ALONG SAID SOUTH LINE NORTH 55 °43'06" EAST LEONARD R. GRECO 284.20 FEET TO THE WEST LINE OF THE STRUTZ TRACT (BOOK 308, PAGE 301); THENCE ALONG SAID LINE /,ND THE WEST LINE OF THE SMITH TRACT (BOOK 171, PAGE 347) APPROVED THIS DAY OF , 1997, SOUTH 0 °44'59" WEST 463.52 FEET TO THE NORTH RIGHT —OF —WAY LINE OF S.W. FONNER ST. (SAID LINE BEING 20 FEET NORTH OF THE CENTERLINE); THENCE ALONG SAID NORTH RIGHT —OF —WAY LINE TO THE EAST LINE OF THE HASS TRACT (BOOK 796, PAGE 773) BY SOUTH 87 °41'31" WEST 121.11 FEET; THENCE ALONG SAID EAST LINE NORTH 0 °46'00" WASHINGTON COUNTY SURVEYOR EAST 312.82 FEET 70 THE NORTHEAST CORNER OF SAID TRACT; THENCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 87 °41'27" WEST 112.04 FEET TO THE PLACE OF BEGINNING; ,t CONTAINING 55,352 SQUARE FEET MORE OR LESS. ACKNOWLEDGEMENT , , C OF OREGON SS ALL TAXES, FEES, ASSESSMENTS OR OTHER COUNTY OF WASHINGTON CHARGES AS PROVIDED BY O.R.S. 52.095 HAVE BEEN PAID AS OF , 1997 THIS IS TO CERTIFY THAT ON THIS 13 DAY OF , 1997, BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID CO TY AND STATE, DIRECTOR, DIVISION OF ASSESSMENT & TAXATION PERSONALLY APPEARED LEONARD R. GRECO, - WASHINGTON COUNTY, OREGON , — m a WHO, BEING DULY SWORN, DID SAY THAT HE IS THE IDENTICAL REGISTERED INDIVIDUAL NAMED IN THE FOREGOING INSTRUMENT, AND THAT HE BY PROFESSIONAL EXECUTED SAID INSTRUMENT FREELY AND VOLUNTARILY. DEPUTY LAND SURVEYOR D erit ,8 Aevary `, y I. ,.._._ `. - — OREGON 4 JULY 15, 1983 DOUG GILBERTSON 2047 • — _ RENEWAL DATE 6/30/99 :;: :, OFFICIAL SEAL • til ' 3 JEANNE F AYALA • - - NOTARY PUBLIC - OREGON , COMMISSION NO. 056104 • MY COMMISSION EXPIRES AUG. 13, 2000 • • 4 CONSENT AFFI DAVIT STATE OF OREGON WASHINGTON COUNTY 5 SS i t A PARTITION PLAT CONSENT AFFIDAVIT FROM WESTERN SUNRISE I DO HEREBY CERTIFY THAT THIS PARTITION PLAT WAS ,, MORTGAGE CO. A TRUST DEED BENEFICIARY HAS BEEN RECORDED RECEIVED FOR RECORD ON THE AS DOCUMENT NO. , WASHINGTON CO. DEED RECORDS. DAY OF , 1997, AT O'CLOCK M, AND RECORDED IN THE COUNTY CLERK'S RECORDS. GILBERTSON BY f 7.- 16920 GREENTREE AVE. DEPUTY COUNTY CLERK = fi` - -`; LAKE OSWEGO, OR r-2 97034 si _ a { r (503) 635 -7590 ENGINEERING JOB #9650P2 , ■ .. / / . f . ! ` ` • to 0 17 r �� O ..,:., ..... -- (e -- ) - VT -- oui:0 1 • n 1 6 r r • V pr d14 - f 41 -i-1 I. i - Tip) 140067-7.--- 400 6 1... -- • V I igj.. 1 by I I ft-- I F I.,- • .. _ _� . -1 u i r b 4 LoT - it . ` b • 1 8 , c i a o >r C ` 1 F • I F e. •' B' 3 9 y ' 1. F Al • • • b e� if 9 F C r C 1 ' F Ij •F, 8 • • 6 q FF' • F r F' f.)C. of - LIh ' ... -- T I! 111 • LOCATED IN THE NE 1/4 OF IMPROVEMENTS SECTION 3, T 2S, R 1W, WM; CITY OF TIGARD, WASHINGTON y °' A\ D iMmisaIO CO., OREGON En PARCEL 2 '- PARCEL 1 J - �� 1 g 3 il — LEGEND 3 -- ` J.NT V " Ild 55' I FOR LENNIE GRECO — d t • ;yvOssSs��sO ) SURVEY MONUMENT TO BE PRESERVED • 40 i AOUddi NY ION I SnVId do 1'8/A0 �4V " IR = IRON ROD, IP = IRON PIPE 03A0UddV A'lTi NO)1.IQN O0 p ,s. i ®.. .1 ID = INSIDE DIAMETER ; OD = OUTSIDE DIAMETER Cl - P • N N i . W I ' W = WATER LINE b b * = EXACT LOCATION OF 4" SERVICE o , co TO BE STAKED. 0 0 z 15' 3 � Q p 0 " e2 L.Li ..•.a. 2 %- ...... EXIST. =11 ..• N••••.... ..• ..,A,.•. . #,A14 — I I 1 = a A OA ` ; � 6" 1 1 /2" —0" CRUSHED ROCK t ' — _ _ � �.wd, :' • • • _ � 1)1` Q ; i I — .1.1*--- = COM PACTED SUBGRADE - - — — l 11 ,i 1 1-11 —� I— III -11 I-1 I ITI I --1 I— _ 1 111 - 0 TYPICAL DRIVEWAY SECTION b HORIZ. 1" = 5' VERT. 1" = 1' v . D CC I- MAX. LONG SLOPE = 5% z 0 0 15' I z . vl 106.08 0 41 3 1 W d- S 8 7 - D „ R / r r , >, ,v_. > .. z 3 4_ ID IP W=� M � 1 6' + � ♦ AYR 1 \J ��//�� )4 a { a - _ ♦� 'C� ♦ vim N,-_,- - - .. 'iet s A _ T CENTER '� IS N - �EX o . `` �� o) In Q 121 * _ -.I r INSTALL 222.58 LF 8 PVC E W ER "' ' + T- ,- 0 0 +50 Si +00 Z M 8 STUB _ – — _ _ Q ° � •W. ®NNE C.R. 495 ° VS -- – MH #1 —� - t + S 87 °41'31" W — – — 2 +22.6 — • ' CO DATUM = CITY OF TIGARD BM #42 • . = BRASS DISC AT NW COR. 121 st/ • TIPPITT PL.; EL 241.89 INSTALL BIO —BAGS IN DITCH 0 20 11111L, • r - 10 In IA . • - . • . . . . • N 11 : : - - - • • - SCALE: 1" = 20' HOR • • N� • : • 1 = 5' VERT , QN : • : • : : : 245 r- • • OQ M . .. . • m w + - : L' • : : 240 N ca N + . . . . + . N • . O. . - • • . . Q . - ± Q N ,. - CO Q ' Q - CLASS " B" v °o GRANULAR BACKFILL ° • • ( - N i . : : v .. W li : :c'J REGISTERED N . 2 35 P ROFESSIONAL LAND SURVEYOR F.� - F R • �} W (n N N _� • W r- : 12,163 • • W M W �N • • r� — 8" PVC 3 034 S EWER 222.6 : LF A T 1 • . _ OREGON 00� F d . _ O REGON 0,,, 1 1 983 • 230 JULY 5, O Ott Y ' L ' c'� DOUG GILBERTSON ER GJ • $" IE IN {V1' 232.32 RENEWAL DATE 6/30/99 • • • : : • RENEWAL LATE 7j1j99 • . • • 225 GILBERTSON • 2 +50 2 +00 1 +50 1 +00 . - 16920 GREENTREE AVE. 0 +50 0 + 00 7 --, - LAKE OSWEGO, OR I JULY 18, 1997 97034 RE: M LP 9 fi -0009 `'- : - (503) 635 -7590 \ E R s F 0 ® ENGINEERING SOB #9650PP ® FOR LENNY GRECO PERMIT HOLDER 692 -1803 S N ET 1 OF 2