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MLP1996-00005 • • EXflIE . • N OTI CEOF:AME NDED:DECI • >:DE ISION • `i`'z CRY F TI �A �> MINO.R:::LAND PARTITION: MLP 9 - 00.05 « >>< >::>:YOF >. SECTION I: APPLICATION SUMMARY CASES: FILE NAME: ULWELLING PARTITION Minor Land Partition MLP 96 -0005 PROPOSAL: The applicant has requested to partition one parcel of .83 acres into two parcels of .63 and .20 acres. APPLICANT: Kathleen and John Ulwelling OWNER: Same 15165 SW 100th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: R - 3.5 (Residential, 3.5 Units Per Acre). The R -3.5 Zoning District allows low density detached, single - family residences. LOCATION: 15165 SW 100th Avenue ; WCTM 2S1 11CB, TAX LOT 1702. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.162 and 18.164. SECTION II: DECISION: • t e .s e y g e tat the City of Tigard Community Development Director's he d n sand: conclusions:. oii. whieti 'alie:decision:isbasedare:note iri Sectio :... " ..:.:.: NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 1 • CONDITIONS OF APPROVAL . ............................................................................................................................................................................. ............................... . . :.<.' • nle.::s< therwis': noted therstaff c o ntact . ...................: 1. The applicant shall show on the final plat that a right -of -way radius will be dedicated at the corner of Lady Marion Drive and 100th Avenue. The radius shall be 20 feet. 2. Prior to approval of the final plat, the applicant shall execute an agreement, on forms provided by the City, that waives the property owner's right to oppose or remonstate against a future Local Improvement District formed to improve SW 100th Avenue. 3. Prior to approval of the final plat, the applicant shall obtain a street opening permit from the Engineering Department for the work in the right -of -way. For this project, the permit will cover the sanitary and storm sewer service extensions to both lots and the curb ramp and sidewalk improvements in 100th Avenue. 4. Prior to approval of the final plat, the applicant shall determine the location of the existing septic system. If the existing drainage field would be disrupted by future development or if a portion of the system is located on the proposed parcel the applicant must obtain a permit from the Washington County Health Department for the abandonment of the system 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. 6. The barn shall be removed. STAFF CONTACT: Mark Roberts, Planning Division. 7. The existing fence along the new parcels' frontage on SW Lady Marion Drive shall be removed. STAFF CONTACT: Mark Roberts, Planning Division OVAL..SHALL BE:VALID<FOR`<1.8MONTHS: : °:< >>... NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 2 • • SECTION III: BACKGROUND INFORMATION Site History: The site is presently developed with an older detached single - family residence and accessory structure. The property has been designated for Low Density Residential and zoned R -3.5 since the Comprehensive Plan was adopted in 1983. A decision to approve the proposed Minor Land Partition subject to Conditions of Approval. One of the Conditions of Approval required the construction of a sidewalk along the property frontage on SW 100th Avenue. Because only a portion of the half street improvements presently exists along this property frontage, the requirement for a sidewalk would mean the completion of full half street improvements. This does not appear proportional to the impact created by the proposed partition. Also the remaining lot area is of sufficient size to continue to utilize the existing septic system. Vicinity Information: The immediate area is largely developed with detached single - family residences. To the north, west, northeast and south, are areas developed and zoned for Low Density Residential use. To the southeast are areas zoned R -7, these areas have also been developed with detached single - family residences. Site Information and Proposal Description: The site slopes slightly downhill to the southeast. The portion of the property that is proposed to be developed for a new residential use contains part of a barn and several fruit trees. Utility and site access are proposed to be taken from SW Lady Marion Drive that was developed and completed as part of the Lady Marion Estates Subdivision. 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 NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 3 • • 5. All proposed improvements meet City and applicable agency standards (Ord. • 89 -06; Ord. 83 -52). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R -3.5 Zoning District. The parcels as proposed would allow the development of an additional detached single - family residential dwelling unit on the newly created parcel. This lot size and type of development conform with the Comprehensive Plan as required by Criteria 1 in terms of the development standards that implement in the Comprehensive Plan designation for this property. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .83 acre R -3.5 property. The site yields the opportunity to develop up to three dwelling units after deduction of street right -of -way. Upon completion of the appeal period, the development will have complied with the statutory requirements of the City of Tigard for development review as required by Criteria 2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) as required by Criteria 3. These requirements are reviewed by the Engineering Departments in this report. The new parcels do not exceed a two and one -half to one, length to depth ratio. The R -3.5 Zoning District does not have an average width requirement. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R -3.5 Zoning District as required by Criteria 4. As proposed, the improvements will comply with City and applicable agency standards in satisfaction with Criteria 5 as reviewed through the Building Permit Plan Check process. Each parcel complies with the Basic Solar Access requirements because the north to south lot dimension exceeds 90 feet in length. Future development of structures on the new parcel will require compliance with Solar Balance Point Standards of the Community Development Code. 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. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 4 • 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 that 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 and or bicycle pathway with the floodplain in accordance with the adopted pedestrian and or bicycle pathway plan. Criterion's 1, 2, 3, and 4 are satisfied. The parcels will exceed the area requirement of 10,000 square feet set forth for properties zoned R -3.5. The newly created parcel would have in excess of 15 feet of direct frontage on a Public Street in satisfaction of the lot frontage requirement in Criteria 3. The standards for setbacks, landscaping and clear vision requirements will be reviewed for new structures will be reviewed at the time of Building Permit Plan Check Review. The existing barn is shown to be developed over the proposed new property line. To comply with setback requirements the structure shall be removed prior to recording of the partition plat in satisfaction of Criteria 4. The existing five foot fence along the newly created lots frontage on SW Lady Marion Drive shall also be removed prior to recording the partition plat in order the lot to comply with the applicable Clear Vision standards and front yard area structural height limitations. Criterion's 5 and 6 have been addressed because the proposed lots will each have in excess of 15 feet of frontage on a public street. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Through the Building Permit Plan Check Review fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria 7. Criteria 8 that requires a NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 5 0 • reciprocal access maintenance agreement is not required because direct access for the new - parcel will take place from a public street. Criteria 9 will be satisfied through the requirement for construction of 10 foot wide minimum driveway to serve the new parcel. Criterion's 10 has been met because the parcel is not located within the 100 -year flood plain, or in areas with slopes exceeding 25 percent. Because the site does not adjoin the 100 -year flood plain dedication of areas for pathway purposes is not applicable. 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 100th Avenue and SW Lady Marion Drive, both of which are local residential streets with 50 foot rights -of -way (ROW). There is a need for additional ROW to be dedicated at the corner of Lady Marion Drive and 100th Avenue to provide a corner radius. The corner radius required at the intersection of two local streets is 20 feet. The applicant will be required to dedicate the corner radius on the final partition plat. SW Lady Marion Drive is fully improved adjacent to this site. SW 100th Avenue is paved, but there are no curb, gutter and sidewalk improvements adjacent to this site. At present, the roadway functions adequately under current traffic loads, and the partition proposal will not create a significant impact to the street. Therefore, we find that a half- street improvement is not warranted at this time. However, the applicant, as a part of partitioning this property will be required to enter into a non - remonstrance agreement which will obligate the applicant to participate in the future widening of SW 100th Avenue. There is no anticipated schedule as to when this roadway will be widened. This agreement shall be completed and sent to the County for recording prior to recording the final plat. Sanitary Sewer: There are existing public sanitary sewer lines in both Lady Marion Drive and 100th Avenue. The existing house is currently served by a private septic system, which appears to be in good working order and will not pose a health risk if left installed. The proposed plan shows a new lateral for the new lot. The applicant will be required to extend the new service lateral to the new lot prior to approval of the final plat. If, as a part of developing the new lot, any part of the drainage field for the existing septic system is disturbed, the applicant would then have to connect the existing house to the public sewer. NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 6 • Storm Drainage: There is an existing 12 -inch public storm line in Lady Marion Drive that is available to serve this site. The plan shows a proposed lateral for the new lot. 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. However, in the case of constructing a single - family dwelling, these rules do not apply. Therefore, there are no water quality requirements for this approval. 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 that 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. SECTION V: OTHER STAFF COMMENTS The Building Division has reviewed this proposal and stated that although the storm drainage facility in SW Lady Marion Drive is at an elevation of 292.53, based on the topography of the site it is possible that roof and or underfloor drains will be constructed an elevation to low to be served by the public system. Notes on the plan indicate that future development may be restricted to a portion of the site due to its topography. A suggested alternative would be to require that a private storm drainage line be constructed in a private easement along the south property line to give the builder greater flexibility in the design of future structures. No other comments or objections have been received. SECTION VI AGENCY COMMENTS No other comments or objections have been received. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 7 • X The applicant and owners • X Owner of record within the required distance X Affected government agencies • Final Decision: • T S Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE::: DEADLINE> F. OR> FILING?OF> AN'AP.PEAL>'IS330<PM!ONMAY<1!:7 <::1 9. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. May 7. 1996 PREPARED BY: Mark Roberts DATE • Associate Planner May 7. 1996 APPROVED BY: Richard Bewersdorff DATE Planning Manager I: \CURPLN \PATTY\MLP 96 -05.DEC NOTICE OF AMENDED DECISION MLP 96 -0005 - ULWELLING PARTITION Page 8 • PROJECT INFORMATION • TAX LOT TO OIT PA IMOOlp • 7102 ADDREn . AAA AO 100th .01 MOO, OW0O4 11224 AIWA OP 1001 LOT . 1 0001 6P. (02% 4 6) ' EOM R-121 - • R -S TREE SCHEDULE MERE U6( • NEU RE � CAPER NNE • JOIN a CAW W1lLLIN3 OUPER BR6 6u& 1000h A - 0• APPLE J - 24• PS! A MAP, 0 11224 B • 0• CIlTrlr K • 2S• RR OVER TELEP/4CM • (60!! 6)1 •002% C Il • 24- RR L - 24• Pn+t e - 0 APPLE - RR Cloo • r FILBER N 24 T N • 24• RR P . r FILBERT P - 10• FILBERT MOM Rem APPEARS TO M NO Olr•1fl1 NOMA A • w APPLE 6OUCd6 N NE MEDIATE AIWA. N • 10• LAMS. a APPR TTAKATI R+TUR[ AAATAwr SEPonC. LATERAL LOCATOR LE AT COO • { ARAM V I ARM ( WRAC I 110110! I ►1011sE Z , / • im2Os 20 : 1 I • 1 z — - - — - - - 1 . , 6. PVC ITA IATARr i smoRims l L OTL6H � ____ / I P It1O Pt26® X1..1. «l aw , AREA • 1000168 / • ARP ► • 211E AP. I I a / / 0» AASb f • • SAO ACRES 1 Ax Lor / 1 a /1 i ' W °•�' _ I$ `-p- -S.UJ. BATTLER ST.— Et / ' , = MAUNA , .. ii oh I . / � Z eAI{.oe -EX r - 00V •. ..-% ' __ / _ 11605 11 \��� 17AX LOf 711! I TAX LOT 754 (0 , ` { OF / MOODVIEW OIrvE ( 1.0 26 I 25 , �\ `, C / i I I I O - >a 0 SITE PLAN II,._, P• 40'•0• 0 PLOT PLAN CASE NO. E XHIBIT MAP IIL�VELLING PARTITION . j MLP 96 -0005 1 Amended Decision 0 • . 1 ii ____1111.....i r Ili: c. IIIIIII 1111 IIIIII 1111111 CO i II Y M 4 ies.._ II a) .- c ill ARC ::::::::::::::::::;$1;:;:;:;$ co e a ol 4 IN .a. II 111111 Pow i _m_11 1 1 11 pre Sillr k 0 II I II i= . :.: ST CD vi lit).?c 1111 11111 0 El >, :e—• � � 0 1 i 1 1 i i tifribrin ow. . Vicinity Map A ULWFIJ mIG PAR11110N Note: Map is not to scale L� MI.P 96-0005 EXT1I 1 TT 2S111CA -07400 2S111CA -07200 ANDERSON, DAVID L & JILL B BECKMAN, JOHN C AND ' 15240 SW 100TH AVE SHERRIE GOTT • TIGARD,OR 97224 9960 SW SATTLER ST TIGARD,OR 97223 • 2S111 CA -07300 2S111 CB-01712 BENHAM, SUSAN JEANETTE CARVER, WILLIAM A SUSAN M 15210 SW 100TH 10155 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97223 2S111 BD-01510 2S111 BD-01520 COMEGYS, DONALD L IDA J COMEGYS, DONAL DArt� 15060 SW 100Th 15060 TIGARD,OR 97223 T RD,OR 97223 2S111CA -07700 2S111CB-01710 COOPER, ARTIS W CORTRIGHT, ROBERT S 5013 MILLSTONE WAY KATHERINE A GRANITE BAY,CA 95746 10200 SW HOODVIEW DRIVE TIGARD,OR 97224 2S111 CB-01709 25111 BD-01511 CORTRIGHT, ROBERT S DAVISON, STEPHEN ANN KATHERINE A 15040 SW 100Th 10200 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97223 2S111 CB-02800 2S111 CB-01713 DELANY, DOUGLAS G & JANICE L FAST, JEFF A AND KATHY D 10023 SW LADY MARION DR 10185 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97224 2S111 CA -00800 2S111 CB-03000 FEICKERT, ANNA HERSCHBERGER FREEMAN, ROBERT M AND JENNIFER 9900 SW SATTLER 10067 SW LADY MARION DR TIGARD,OR 97223 TIGARD,OR 97224 2S111 CB-01703 2S111 CB -01705 GIESBRECHT, R E GILLIHAN, THOMAS M AND KAREN R H DEANNE 10275 SW HOODVIEW DR 10235 SW HOODVIEW DR TIGARD,OR 97224 TIGARD,OR 97223 2S111 CA -07600 2S111 CB-01715 GUEVARA, RAMON V AND LUCIA V _ HANSEL, JOHN C /IONA L 15260 SW 100TH AVE 15285 SW 100TH AVE TIGARD,OR 97223 TIGARD,OR 97224 2S111 CA -07500 2S111 CB-01600 JOHNSON, TODD W AND KALLSTROM, EVELYN LOUISE WEATHERFORD, DEBORAH J J E 15250 SW 100TH AVE 15025 SW 100TH TIGARD,OR 97223 TIGARD,OR 97224 4 P) 25111 CB-01708 25111 CB-01714 KUEHNER, RICHARD A MARTIN, JUDITH & HUNT, TROY BARBARA N do OACE, JON R 10260 SW HOODVIEW DR 2335 NW 29TH AVE TIGARD,OR 97223 PORTLAND,OR 97210 25111 CB-03200 25111 CB-01711 MCGREGOR, MARK D & LYNDIA J OWEN, MARY PAT 10135 SW LADY MARION DR - 10125 SW HOODVIEW TIGARD,OR 97223 TIGARD,OR 97224 • ly _ 25111 BD-01517 25111 CA -07900 REEKIE, IAN A SANDERS, KELLY F AND 9955 SW SATTLER ST BENOIT, THEODORE L TIGARD,OR 97224 15280 SW 100TH TIGARD,OR 97224 2S111CB-02900 2S111CB-01601 SANSERI, TONY Y/ELIZABETH A & SLAUGHTER, JOHN A BEATRIC HOMOLKA, JAMES C/MARY JANE 15025 SW 100TH AVE PO BOX 19054 TIGARD,OR 97223 PORTLAND,OR 97280 25111 BD-01504 2S111CB-01702 SOMA, MICHAEL A/KARYN D ULWELLING, JOHN J 9975 SW SATTLER ST KATHLEEN M TIGARD,OR 97224 15165 SW 100TH TIGARD,OR 97223 2S111CB-03100 2S111CB-03300 VANDERSON, WILLIAM G & WARDIN, J FERD & MARION EVA BETHANY LYNN 21510 SW JOHNSON RD 10111 SW LADY MARION DR WEST LINN,OR 97068 TIGARD,OR 97223 • • • • �a,�.� I . City of Tigard, Oregon • AFFIDAVI'T 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. O That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (Chock box above, if applicable) (died* appropriate box below} (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED ) DECISION FOR: I (Check box above, If applicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (Cheek box above, at 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 whic • attached, marked Exhibit "A ", was T iled to each r i - . person(s) at the addre (s) shown on the attached Ii_ t(s), marked Exhibit "B� ///. ', o� the • a of .. 199' , and deposited in the Uni -d States Mail-o - ' • ay .f �/i 199 postage prepaid. X _ Anil 1 __ ./!1/7,/ / /. Pre •wed Notice / Subscribed and sworn /affirmed before me on the ) day of itti , 114 ''.,. OFFICIAL SEAL DIANE M JELDERKS V , :4 NOTARY PUBLIC - OREGON �r i/J 11,84,Z .., COMMISSION NO. 046142 l!► MY COMMISSION EXPIRES SEPTEMBER 07, 1999 NOT Y PUBLIC SF OREGO My Commission E • ir s: 9 7 �� I:7FILE INFO.: ED NAME(S): at �� ?4,r121-7077 CASE NO.(S): /J,/ J ' /J q 72106 6 TYPE OF NOTICE & DATE: £XHIE:(T A NOTICE OF DECISION MINOR LAND PARTITION (MLP) 96 -0005 ,'� CITY OF TIGARD KATHLEEN AND JOHN ULWELLING SECTION I: APPLICATION SUMMARY CASES: FILE NAME: ULWELLING PARTITION Minor Land Partition MLP 96 -0005 PROPOSAL: The applicant has requested to partition one parcel of .83 acres into two parcels of .63 and .20 acres. APPLICANT: Kathleen and John Ulwelling OWNER: Same 15165 SW 100th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: R -3.5 (Residential, 3.5 Units Per Acre). The R -3.5 Zoning District allows low density detached, single - family residences. LOCATION: 15165 SW 100th Avenue ; WCTM 2S1 11 CB, TAX LOT 1702. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.162 and 18.164. SECTION II: DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of conditions. The findings and conclusions on which the decision is based are note in Section IV. • NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 1 • • CONDITIONS OF APPROVAL .:::.::..; .::::::........ >:PRIORTO:THE'ISSUAN E , F BUILDING:: PERMITS THE:FOLLOWIN • ...::::::.::: ...:.:... . .:::.::::.......::..::.:.: 1. The applicant shall show on the final plat that a right -of -way radius will be dedicated at the corner of Lady Marion Drive and 100th Avenue. The radius shall be 20 feet. 2. Prior to approval of the final plat, the applicant shall complete the wheelchair curb ramp at the corner of Lady Marion Drive and 100th Avenue and the concrete sidewalk along the frontage of SW 100th Avenue. 3. Prior to approval of the final plat, the applicant shall obtain a street opening permit from the Engineering Department for the work in the right -of -way. For this project, the permit will cover the sanitary and storm sewer service extensions to both lots and the curb ramp and sidewalk improvements in 100th Avenue. 4. Prior to approval of the final plat, the applicant shall obtain an approval and a permit from the Washington County Health Department for the abandonment of the existing septic system. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. • :::.:: >:: :i '0 i:ii: iii :::. >:::: >:::: >: < > <.... >. : . .> 6. The barn shall be removed. STAFF CONTACT: Mark Roberts, Planning Division. 7. The existing fence along the new lot's frontage on SW Lady Marion Drive shall be removed. STAFF CONTACT: Mark Roberts, Planning Division : >: : "':.:`::': F ROMTHE EFFEC DATE::: O F?:THIS:::DECISION. .::.... .:::.:::: :::........:.,.. . • NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 2 • SECTION III: BACKGROUND INFORMATION Site History: The site is presently developed with an older detached single - family residence and accessory structure. The property has been designated for Low Density Residential and zoned R -3.5 since the Comprehensive Plan was adopted in 1983. Vicinity Information: The immediate area is largely developed with detached single - family residences. To the north, west, northeast and south, are areas developed and zoned for Low Density Residential use. To the southeast are areas zoned R -7, these areas have also been developed with detached single - family residences. Site Information and Proposal Description: The site slopes slightly downhill to the southeast. The portion of the property that is proposed to be developed for a new residential use contains part of a barn and several fruit trees. Utility and site access are proposed to be taken from SW Lady Marion Drive that was developed and completed as part of the Lady Marion Estates Subdivision. 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). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R -3.5 Zoning District. The parcels as proposed would allow the development of an additional detached single - family residential dwelling unit on the NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 3 • • newly created parcel. This lot size and type of development conform with the Comprehensive Plan as required by Criteria 1 in terms of the development standards that implement in the Comprehensive Plan designation for this property. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .83 acre R -3.5 property. The site yields the opportunity to develop up to three dwelling units after deduction of street right -of -way. Upon completion of the appeal period, the development will have complied with the statutory requirements of the City of Tigard for development review as required by Criteria 2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) as required by Criteria 3. These requirements are reviewed by the Engineering Departments in this report. The new parcels do not exceed a two and one -half to one, length to depth ratio. The R -3.5 Zoning District does not have an average width requirement. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R -3.5 Zoning District as required by Criteria 4. As proposed, the improvements will comply with City and applicable agency standards in satisfaction with Criteria 5 as reviewed through the Building Permit Plan Check process. Each parcel complies with the Basic Solar Access requirements because the north to south lot dimension exceeds 90 feet in length. Future development of structures on the new parcel will require compliance with Solar Balance Point Standards of the Community Development Code. 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. 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. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 4 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 that 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 and or bicycle pathway with the floodplain in accordance with the adopted pedestrian and or bicycle pathway plan. Criterion's 1, 2, 3, and 4 are satisfied. The parcels will exceed the area requirement of 10,000 square feet set forth for properties zoned R -3.5. The newly created parcel would have in excess of 15 feet of direct frontage on a Public Street in satisfaction of the lot frontage requirement in Criteria 3. The standards for setbacks, landscaping and clear vision requirements will be reviewed for new structures will be reviewed at the time of Building Permit Plan Check Review. The existing barn is shown to be developed over the proposed new property line. To comply with setback requirements the structure shall be removed prior to recording of the partition plat in satisfaction of Criteria 4. The existing five foot fence along the newly created lots frontage on SW Lady Marion Drive shall also be removed prior to recording the partition plat in order the lot to comply with the applicable Clear Vision standards and front yard area structural height limitations: Criterion's 5 and 6 have been addressed because the proposed lots will each have in excess of 15 feet of frontage on a public street. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Through the Building Permit Plan Check Review fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria 7. Criteria 8 that requires a reciprocal access maintenance agreement is not required because direct access for the new parcel will take place from a public street. Criteria 9 will be satisfied through the requirement for construction of 10 foot wide minimum driveway to serve the new parcel. Criterion's 10 has been met because the parcel is not located within the 100 -year flood plain, or in areas with slopes exceeding 25 percent. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 5 • Because the site does not adjoin the 100 -year flood plain dedication of areas for pathway purposes is not applicable. • 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 is next to SW 100th Avenue and SW Lady Marion Drive, both of which are local residential streets with 50 foot rights -of -way (ROW). There is a need for additional ROW to be dedicated at the corner of Lady Marion Drive and 100th Avenue to provide a corner radius. The corner radius required at the intersection of two local streets is 20 feet. The applicant will be required to dedicate the corner radius on the final partition plat. Both roadways are fully improved except for the wheelchair curb ramp at the intersection and a sidewalk along the frontage of 100th Avenue. The applicant, as a part of partitioning this property will be required to complete the wheelchair ramp and the concrete sidewalk along the frontage of the site. This improvement shall be completed prior to recording the final plat. Sanitary Sewer: There are existing public sanitary sewer lines in both Lady Marion Drive and 100th Avenue. The existing house is currently served by a private septic system. As a part of partitioning this site, the applicant will be required to connect the existing house to the public sewer system. The proposed plan shows a new lateral for the new lot only. The applicant will be required to provide sewer service to both lots prior to approval of the final plat. Since the existing house is on a septic system, the applicant will need to apply to the Washington County Health Department to abandon the system prior to connection to the public sewer line. Storm Drainage: There is an existing 12 -inch public storm line in Lady Marion Drive that is available to serve this site. The plan shows a proposed lateral for the new lot. 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. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 6 • • However, in the case of constructing a single - family dwelling, these rules do not apply. Therefore, there are no water quality requirements for this approval. 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 that 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. SECTION V: OTHER STAFF COMMENTS The Building Division has reviewed this proposal and stated that although the storm drainage facility in SW Lady Marion Drive is at an elevation of 292.53, based on the topography of the site it is possible that roof and or underfloor drains will be constructed an elevation to low to be served by the public system. Notes on the plan indicate that future development may be restricted to a portion of the site due to its topography. A suggested alternative would be to require that a private storm drainage line be constructed in a private easement along the south property line to give the builder greater flexibility in the design of future structures. No other comments or objections have been received. SECTION VI AGENCY COMMENTS No other comments or objections have been received. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE:'DECISION >SHALL:BE: FINAL' ONMAY:15' :<1. UNLES NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 7 . • Appeal: Any party to the decision may appeal this decision in accordance with Section • 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. F FIL N F `>ANAPPEA `!I 3 :30::! : NMAY >1 ..:.:::...: ..::.....:..:.:. S.:.......:.. .: : ,.19...6.... Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. 7 /i(Adok May 2. 1996 PREPARED BY: Mark Roberts DATE Associate Planner g--OUJ L.Q1 May 2. 1996 APPROVED BY: Richard Bewers orff DATE Planning Manager I: \CURPLN \PATTY\MLP 96-05 DEC NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 8 or gio PROJECT INFORMATION TAX LOT TO BE PARTITIOPED , n02 ADOPE60 . BYO 61U. 1001h A mac., MOON 01324 AMA OP NEW LOT . 10001 OP. (073 ACRE6) `n ZONE • R -ID RULER USE . NEW MINDEN= TREE SCHEDULE ou26sR NAPE , lolad , CATN ..L u.LL,N OUNER ADOMe6 , BYe 6J11. 1001h • A • 0' APPLE .1 - 24' PINE TIOARD, MOM 01724 0 • 0• CiERRT IC • 211' RR O MER TELEPNCNE . (603) 630 -0030 imill C - 24' FIR L - 24' PINE D • 0' APPLE M - Y' RR I • 0" FILBERT N - 24' RR asi W I P • 6' nova P • 10' FILBERT NOtl. MAPS APPEARS TO 0! R NO OR -61T! N016! O • Y. APPLE SOURCES IN THE IF2'ErD1AT6 AREA a APPROXIMATE R1TUR! SANITARY LOCATION /� 1 LATERAL LC! OCATION V IL AT EM • a 26061' I Moue! I 1I0U6E I 14006E I MOM : 2C1 7m I Z j 1 ■ • I I .� ----- - - - --� �_ -- - - -- Z 41111111111:111111/M•••■ ,11111■111111M1 MO V.1111111111111. 6' Pv0 6ANRART ' 1 6• TER �Ipp __ k; a - - 1 / 73-0.7. A — M W – 2JP_j6p�, __— we.-- �� _ / E Mn I OAN i LOT eD LINE ....) el+ouN ' / AMA Oz S jp TA �L M E AREA 11 0? ACRES I 20 I 20 I , a • / I d a k Lot n� I --- 3-3-3-3- - - / I I W Ax L O3� WI 77 77, ° N0 1,1 L-- -S111 9ATTLER ST.- in 1 ' 1 N 1� 1 / M m. 17-3 .. -- • _ _N ee'ie' w tsm-s 1 I Flew . ` \s// / TAX Lot 113 ITAx LOT nI4I • I '� SOP HOODVIEw DRIVE I . 20 I 20 , LL. / W 7 SITE PLAN l I' • 40' -0• V PLOT PLAN CASE NO. EXHIBIT MAP MLP LILWELL96 -000ING 5 PARTITION . • 0 Of C II a 1111 c :��w a I PDYM � . 0) II iiiiiiiiripmqlli a) SUSJ;_CT ,., C CO I a_ / 0 'Al L. CD 0i r 5. 7. 3) KPBLE ST , " a 11111 45 L J t s%_d - ' v 1 I I I I I $ 1 ', Vicinity Map ^ ULWEL,LING PAR11'110N Note: Map is not to scale � �P 9fr0005 N EXTIIH J 2S111CA -07400 2S111CA -07200 ANDERSON, DAVID L & JILL B BECKMAN, JOHN C AND • 15240 SW 100TH AVE SHERRIE GOTT - TIGARD,OR 97224 9960 SW SATTLER ST TIGARD,OR 97223 • 2S111CA -07300 2S111CB -01712 BENHAM, SUSAN JEANETTE CARVER, WILLIAM A SUSAN M 15210 SW 100TH 10155 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97223 2S111BD -01510 2S111BD -01520 COMEGYS, DONALD L IDA J COMEGYS, DONAL 15060 SW 100TH 15060 TIGARD,OR 97223 TI RD,OR 97223 2S111CA -07700 2S111CB -01710 COOPER, ARTIS W CORTRIGHT, ROBERT S 5013 MILLSTONE WAY KATHERINE A GRANITE BAY,CA 95746 10200 SW HOODVIEW DRIVE TIGARD,OR 97224 2S 111 CB -01709 2S 111 BD -01511 CORTRIGHT, ROBERT S DAVISON, STEPHEN ANN KATHERINE A 15040 SW 100TH 10200 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97223 2S111CB -02800 2S111CB -01713 DELANY, DOUGLAS G & JANICE L FAST, JEFF A AND KATHY D 10023 SW LADY MARION DR 10185 SW HOODVIEW DRIVE TIGARD,OR 97224 TIGARD,OR 97224 2S111CA -00800 2S111CB -03000 FEICKERT, ANNA HERSCHBERGER FREEMAN, ROBERT M AND JENNIFER 9900 SW SATTLER 10067 SW LADY MARION DR TIGARD,OR 97223 TIGARD,OR 97224 2S111CB -01703 2S111CB -01705 GIESBRECHT, R E GILLIHAN, THOMAS M AND KAREN R H DEANNE 10275 SW HOODVIEW DR 10235 SW HOODVIEW DR TIGARD,OR 97224 TIGARD,OR 97223 2S 111 CA -07600 2S 111 CB -01715 GUEVARA, RAMON V AND LUCIA V HANSEL, JOHN C /IONA L 15260 SW 100TH AVE 15285 SW 100TH AVE TIGARD,OR 97223 TIGARD,OR 97224 25111 CA -07500 25111 CB -01600 JOHNSON, TODD W AND KALLSTROM, EVELYN LOUISE WEATHERFORD, DEBORAH J J E 15250 SW 100TH AVE 15025 SW 100TH TIGARD,OR 97223 TIGARD,OR 97224 2S111CB -01708 011) 2S111CB -01714 KUEHNER, RICHARD A MARTIN, JUDITH & HUNT, TROY . BARBARA N Go OACE, JON R -10260 SW HOODVIEW DR 2335 NW 29TH AVE TIGARD,OR 97223 PORTLAND,OR 97210 2S111CB -03200 2S111CB -01711 MCGREGOR, MARK D & LYNDIA J OWEN, MARY PAT 10135 SW LADY MARION DR 10125 SW HOODVIEW TIGARD,OR 97223 TIGARD,OR 97224 2S111BD -01517 2S111CA -07900 REEKIE, IAN A SANDERS, KELLY F AND 9955 SW SATTLER ST BENOIT, THEODORE L TIGARD,OR 97224 15280 SW 100TH TIGARD,OR 97224 2S111CB -02900 2S111CB -01601 SANSERI, TONY Y /ELIZABETH A & SLAUGHTER, JOHN A BEATRIC HOMOLKA, JAMES C /MARY JANE 15025 SW 100TH AVE PO BOX 19054 TIGARD,OR 97223 PORTLAND,OR 97280 2S111BD -01504 2S111CB -01702 SOMA, MICHAEL A/KARYN D ULWELLING, JOHN J 9975 SW SATTLER ST KATHLEEN M TIGARD,OR 97224 15165 SW 100TH TIGARD,OR 97223 2S 111 CB -03100 2S 111 CB -03300 VANDERSON, WILLIAM G & WARDIN, J FERD & MARION EVA BETHANY LYNN 21510 SW JOHNSON RD 10111 SW LADY MARION DR WEST LINN,OR 97068 TIGARD,OR 97223 • • Ak � ; S 4 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 II for The City of Tigard, Oregon. ❑ That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (Cheek box .cove, H applicable) (check appropriate box below} (Enter Public Hearing Date above) ❑ City of Tigard Planning Director ❑ Tigard Planning Commission O Tigard Hearings Officer O Tigard City Council That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Check box abovedf appficable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (check box above, if applicable) (check appropriate box below) O City of Tigard Planning Director O Tigard Planning Commission O Tigard Hearings Officer O Tigard City Council El 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 whi • is attached, marked Exhibit "A ", was ed to each name. person(s) at the address(s) shown on the attached ' st(s), marked Exhibit "B ", on he da o / 197 , and deposited in the U ited Stat- ■ I ail on "e '?I d- y of 1Ve_, / 199 postage prepaid. Ate a/ A ...AI _ 4.,/ VP:Tared Notice wimi / Subscribed and sworn /affirmed before me on the ay of litijA /T , 1 e L' "�,. OFFICIAL SEAL III ' // fir, a DIANE M JELDERKS / / � �♦ NOTARY PUBLIC - OREGON ` lL� /►�� �� ` �.. COMMISSION NO. 046142 NO ARY PUBLIC '4F • REG N MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission E iy es: f /%% V'iFILE INFO.: i NAME(S): / / p P &/r� D/7 CASE NO.(S): /4 / 9t �DD6 TYPE OF NOTICE & DATE: Atilihl I i A . . CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: MINOR LAND PARTITION (MLP) 96 - 0005 FILE TITLE: IILWELLING PARTITION APPLICANT: Kathleen and John Ulwelling OWNER: Same 15165 SW 100th Avenue Tigard, OR 97223 (503) 639 -3909 REQUEST: The applicant is proposing to partition one (1) lot with an existing residence of .83 acres. into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11 CB, TAX LOT 1702). The property is located at the southwest corner of Marion Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. CIT: West CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN � OTHER STAFF CONTACT: Mark Roberts (503) 639 -4171 x317 MLP 96 -0005 ULWELLING PARTITION PROPOSAL/REQUEST FOR COMMENTS ger • • . 1 4R,V.t N't\ V\ANS! 1 13 1 Q -21, t�. CITY OF TIGARD, OREGON PARTITION APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 ONLY CASE NO. /N/U DS OTHER CASE NO'S: _ RECEIPT NO . (P - APPLICATION ACCEPTED BY: DATE: Q - 3 - 6 -2 -O9 6 ' 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION 151625 514. I DDS A)' Application form (1) 67,41 (.7 r�014 B) Owner's signature /written TAX MAP AND TAX LOT NO. 25 I I I G ' 11 2 authorization (C) Title transfer instrument (1) SITE SIZE G. 85 AG1t,.E5 ✓1 / (D) Assessor's map (1) PROPERTY OWNER /DEED HOLDER* KATHI..N k- 3o1-114 L 4'4= L.LitA , t L. Plot plan (pre - app check list) ADDRESS 1 T I (� Cj SI,,1 l (20 PHONE (0 31- 3101 (F) Applicant's statement CITY 11 2-1:7 ZIP q'1 223 (pre-app check list) APPLICANT* /kME a5 ,430Vpi (-C) Li3 --of- propeFt— - e-ro-eed. ADDRESS PHONE addreoecs within 259 feet CITY ZIP YO (H) Filing fee ($235) *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 D T I D TO BE COMPLETE: from the owner or an agent of the owner with written L/ 9 , 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 DES GNAT ON• 2. PROPOSAL, SUMMARY Lo i,i 1Qeus iPe u1 j R-3.5 The owners of record of the subject property / 7 request permission to divide 0.83 AGR213y Nutib: (total area) into 2 containing Planning Director Approval Date: (No. of parcels) 0.60 AG. , and O. Z'> a4• acres (or square • feet each). Final Approval Date: Planning Engineering 0519P/13P Recordation Date and Number: R e 'd: 3/88.. S • - 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: 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: I 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 I ? day of c • 19 (I 6 SIGNATURES of each owner (eg. husband and wife) of the subject property. �� / // Lu....A L- P, e �� AA �, 0� (KSL:pm /0737P) MI II • • 94 021544 TICOR TITLE INSURANCE DEED OF RECONVEYANCE Washington County KNOW ALL MEN BY THESE PRESENTS, That the undersigned trustee or successor trustee under that certain trust deed dated 44tzu4u..27 , 19 9? executed and delivered by JQ7it. J.. VLY1 rind KATKAN..M.. ULw T,T.,,1N5 as grantor and recorded on ,340k4zy 31 , 19. 92 ., in the Mortgage records of T^Iash,a.ng1gxJ County, Oregon, in book /reel /volume No. at page , or as document /fee /filefinstrvmentfnricrvfifm No. 92.0061,39 (indicate which), conveying real property situated in said county described as follows: Lot 1, HOOD VIEW, Washington County, Oregon. T (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) C having received from the beneficiary under said trust deed a written request to reconvey, reciting that the obligation .. secured by said trust deed has been fully paid and performed, hereby does grant, bargain, sell and convey, but without N any covenant or warranty, express or implied, to the person or persons legally entitled thereto, all of the estate held by the undersigned in and to said described premises by virtue of said trust deed. 1 In construing this instrument and whenever the context hereof so requires, the masculine gender includes the feminine 'Y) and neuter and the singular includes the plural. U IN WITNESS WHEREOF, the undersigned trustee has executed this instrument; if the undersigned is a corporation, it has caused its corporate name to be signed and its corporate seal to be affixed hereunto by its officers duly authorized thereunto by order of its Board of Directors. DATED: March. .1. , 19. .g4 ... icago . Title..Insurance . Company..of..Oregon THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRU- L� /�!�R ^�� MENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY >..- MENT TO VERIFY APPROVED USES ORCOUNTYPLANN/NGDEPRRT- By: Susan Bourdage, Assistant Secretary V. D Trustee (II the trustee who signs above is a corporation, use the form of acknowledgement opposite.) (ORS 93.490) R STATE OF OREGON, ) STATE OF OREGON, County of . Washington ) ss. CC ) ss. Marcb 1 , 19.94... 0 County of ) Personally appeared and m ,,, , 19 Susan. Bourdage who, being duly sworn, _ each for himself and not one for the other, did say that the former is the 0 Personally appeared the above named president and that the latter is the Assistant secretary of.. Chicago :Title Insurance. Company a corporation, an �� � L m stru- and that the seal affixed to the foregoing instrument is the corporate seal f, � of said corporation and that said instrument was signed and sealed in behalf ment to be ...... . ' ^ • -'� i ' . �Q( d of said corporation by authority of its board of directors; and each of them Befo e NOTARY PUOLIC OREGON ackno dged said m um J stre • its volun(yry act and deed. COMMISSION NO.018396 m • i s (OFFICIAL .... .MY.COMMJSSION.EXPIRE$.UPT. 16, 1996 /j , `' f (OFFIICI t ✓l1�� SEAL) SEAL) /. .. �� /' Notary Public for Oregon Not: Public for Oregon (If executed by a corporation, My commission expires My commission expires: affix corporate seal) CTIC STATE OF OREGON 1 • County of Washington J SS GRANTOR'S NAME AND ADDRESS u l., I, Jerry - n - c • r of Assess - fl • ULWELLING ment and = ,� n :. • . o County Clerk for,: • It.. • = rti that the with ) , . gape 1 'II • w a eived . and re • • r®b • A � �, `0 o + • � fe oft said GRANTEE'S NAME AND ADDRESS SPACE RESERVEI county.` * , ` : I . ' 1 After recording return to: FOR ! Z \ ` JOHN & KATHLEEN ULWELLING RECORDER'S USI s,J,•.� � 4 � i. .15155..SW...100T.H..AVE �� '= - • e rr :o ,A- irector of • TIGARD, OREGON 97224 se i.• . :tion, Ex- NAME, ADDRESS, ZIP • . u • 4I•. r • 7 Jerk Until a change is requested all tax statements shall be sent to the following address. . - - ' 94 JliJ�fi -7 HdQ JO: 2.8 NAME, ADDRESS, ZIP Stock No. ORL -0390 /CT (12 -88) • /1 Chicago Tide V Ni '� I _, 4750 S.W. Pacific Hwy. -=� OF 7 o� /� UVeIIVU � .� ` P.O. Box 23784 n]G,1 /r,1 b. �I N 1011 - Tigard, Oregon 97223 PATE JOE g t O V C [r I ) and Construction Services, Inc. (503) 620 -2086 ATTENTION hi aAJ t �► e AE TO 1 �� - .P ( � GENTLEMEN: WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings 0 Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION i 3 •Z1• ° I � • • 1 THESE ARE TRANSMITTED as checked below: ❑ or approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGN 11: .... . .. . _.l ( ! E I I - I 1 I 1 -+ -+ +; • $ + + + • •• • - _-t_- EMI • • • " LI EN__ _01 NE I 1; ( and Construction Services, Inc. 9025 Southwest Center Street P.O. Box 23784 •Tigard, Oregon 97223 (503) 620 -2086 • FAX (503) 684 -3636 March 19, 1996 NARRATIVE Project : Ulwelling Minor Land Partition 15165 SW 100 Tigard, OR 97224 Job #96 -0218 Tax Map #2s 1 11CB Tax Lot #1702 The applicant is proposing to partition 10,001 S.F. (0.23 acres) from their existing 36,112 S.F.(0.83 acres) lot. It appears that this proposal meets all applicable requirements of the City of Tigard Ordinances as they pertain to minor land partitions. The site has storm and sanitary sewer and water service located in Marion Drive which boarders the site to the north. It appears that a majority of the site can be serviced (by gravity) from the existing sanitary sewer line. The existing storm sewer line will service the site. The future owners /developers will need to consider the buildings location in relationship to the storm sewer line. If you have any further questions please feel free to call. Sincerely, jw2t? James D. Andrews Project Manager . • In some cases, where streeMprovements or other necessary public im•ements are not currently practical, the str improvements may be deferred. n such cases, a condition of development approval may be specified which owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the format: of a local improvement district formed to improve: (1.) (2.) Pedestrianwayslbikeways: ft • Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in SVJ t-lg . The proposed development must be connected to a sanitary sewer. It . the developer's responsibility to extend the sewer Tr16 wr6r.1 u rtS . • [9te to R I ks*6Jp..'19 � , MILE MIl) Water Supply: The •It1gl■R.p Water =t - Phone:(503) (031 — 411 provides public water service in th area of this site. The District should be contacted for information regarding water supply for your propose development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526.2502) provides fire protectioi services within the City of Tigard. The District should be contacted for information regarding the adequac of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: - 1Iq Storm sewer improvements: `dm 9 -t►PES R To siJt*4. 4*. 1Jt MJ 14 te t,.��-n CAA µ>zw► r. STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90.43 Surface Water Management Regulations which requires the construction of on -site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility andlor the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. • CITY OF TIGARO Pre - Application Conference ,Votes Page 2 of 3 Residential .lppiicanoniEngmeenng Oeoartment Sec ::on • TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collect fees from new development based on the development's projected impact upon the City's transportation system. The applican shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based re category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF ma be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissibl ally when the TIF is greater than $5,000.00. STREET OPENING PERMIT No work shall be preformed within a public right-of-way, or shall commence, until the applicant has obtained a street apenin permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floc plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. • • PREPARED BY: F;;;› 4► 2-1Z• iL# ENGINEERING DIVISION PHONE: (503) 639.4171 h:9ogintpatty1pteaop.m ;eng.sectton preaoo.enc January 11. lac CITY OF TIGARD Pre - Application Conference Notes Page 3 of 3 Residential dcpiieationt:mmneering aeoartment Section ;ZaiWL1 cap M InIIIII I. II ONM ....44.41 0 t 1 - TREE SCHEDULE . .r_ ° i O A - 0° APPLE J - 24' PINE �S' . 11111111M1 .dc:i B - D" CHERRY ' K - 23' FIR � 'I� \111�q 0 0 C - za° FIR L - 24• PINE 4> , —Ir�'� O to 0 D - IZ° APPLE M - 16' FIR -6N 21) Hiller.' -------- -------- ' ` E - 6• FILBERT N - 24' FIR / idt.I +• F - 6° FILBERT P - 1O• FILBERT �v C O - UP APPLE • F1 0 6 14 - I0' LAUREL !�� i •D 0 AK WADE IT T 616 44.00X.40 ' !! 1131 C t O oa J I APPROXIMATE FUTURE APPROXIMATE FUTURE r STORM SELLER SANRARY SERVICE '^ LATERAL LOCATION LATERAL LOCATION "V1°°X DAVE I.E. a . AT EXT • 6 2 .\\ AT EXT'G • t 28961' 616 CATTIER R HOWE I \HOUS I I HOUSE I HOUSE I • ■20: 201 t C 5ITE k _______ I . I �.:■ ,.�,:1 - - -- - � - -- --c am 1 I 6" Pv0 SANITARY VICINITY MAP -------,p-A---- MARION PRIYE - - - - -- \b t 6" WATER r ••••11111111111111• ••••••••••••• N 69'46' W :72 260.06' 07 I S N .a 2ID3 l 8 ' __ _ T y I, -- T - - _.0_ EXT'G SIDEWALKD ° I = O j - - I / ,� PROPEU✓E . RE DHOLLN 1 AREA • 10,001 6F. �`LOT L 26111 SSF 26 10 — Z / 1 093 AC(�8 '8 060 ACRES 1 i 1 X V O • IX Tax LOT nOZ I Q'I / / EXI lel 1 ------ ----- C O r6 iY Ir.ax LOT 1103' ! 4 ,p P t----- STIN:1 a I_ J - -S.W. SATTLER ST.— F � z / 1 I Z j I z r MISTING I - - --- , // ,/y 106 FbU6E I 1 .le I -II _ VID3 L __ / 1� 166.06' —__ -- -__—' _ N 4a' W 1 260 " - i PROJECT INFORMATION \ I TAX LOT 1113) I TAX LOT 1114 I I I CO I ✓�' 1 TAX LOT TO BE PARTITIONED : ne2 1 4 OF HOODYIEW DRIVE 1 / 23 I 20 I ADDRESS : 0166 SIU. 100th ,� I TIGARD, OREGON 91224 s s / I / / 1 ' 16 I I I AREA OF NEW LOT : 10001 6F. (023 At `\ \`/ ZONE : R -33 FUTURE WE : NEW RESIDENCE OWNER NAME : .101-IN I CATHY ULWELLING 3 OUNER ADDRESS : 16163 15.114 100th Z TIGARD, OREGON 91224 2 7 U SITE PLAN OUNER TELEPHONE : (303) 639 -0938 1 ° • �' m° JOB NO. 960218 TOTE: THERE APPEARS TO BE NO OFF -SITE NOISE BATE 3/29/96 SOURCES IN THE IMI'EDIATE AREA MR BY SET 0114 SITE 1 iiii1M� 1 m N 2 TREE SCHEDULE : — ° r= — + 0 o kiiiilltiij ( 5? ) A - 12° APPLE J - 24• PME yL_ B - 0 CHERRY K - 26° FIR � E MIC � ° ° C - 24° FIR L - 24' PWE P 2j ) � �..1 . 1 ✓ ) . 0 D - Q APPLE M - 4i FIR - S 1 •filllri01 7 E - 6 FILBERT N - 24° RR � �i4M ∎� C F - 6 RLDERT P - 10' RLBERT G - 0 APPLE Q NM U .. H • - 10• LAUREL EN ° 2 ii SW. WAX STREET 1W. Y°WMAD „A I I O -C O l0 APPROXIMATE FUTURE N VI SANITARY SERCE LATERAL LOCATION MARCO RPM RAMER IE AT EXTG • * 269.61' * TM. ST. 1- i . I HOUSE I 1.4OU9E I 41W8E I HOUSE • • 20 i 70 ( 44.44 .� SITE • 6° PvC SANITARY o VICINITY MAP ---- -- 1 — ----- ItIr fratcvol -- 6° WATER 31 12 _ 7 •••••••••• , - I... N 69'48' W_ 26006' _ _ _ 81D UJALK N •B 2ID3' - 1 1615765' 1615765' ex-ro T B L 0.1 i -- PROPOSED U"ER£ "Mil o AREA • 10001 ' 8F- - LOT_LR1E AREA • 0 26)11 SF. 0 I 29 201 b0 ACRES ; i / 013 ACRES N W / I TAx LOT n021 ; I Q 0 o iv° / l / - -- Y �c / p „10 EXISTING 12!$ I —_ -- 4444-- e - p d Jr LOT n03� 8sA o 'C • p ow EXISTING e , N A 2 -- S.W. SATTLER ST-- I ' E / .-----\-- IXIBTMG I ^y --/_yy : 1 17 6 --- ,p. F IST E ' �- 4444-- K . t - 19 , ' S e OK N 0 3'4' W T " - -" a PROJECT INFORMATION r Ny e ' ;TAX LOT 11131 ;TAX LOT n 141 1 (0 ' TAX LOT TO OE PARTITIONED = non N P. i CF HOODVIEW DRIVE � 28 I 26 I ADDRESS = B168 8111100th Q i TIGt1RD, OREGON 91224 ‘.\\ / / 1 'tS I I I AREA OF NEW LOT = 10001 8F. 1019 AGREE) . \ ZONE = R -36 I FUTURE USE = NEW RESIDENCE OUNER NAME = JOFPI I CATHY ULLELLING OWNER ADDRESS = 8166 815 190th Z TIGARD, OREGON 91224 7 SITE PLAN OWNER TELEPHGME _ (803) 639 -0939 I° • 40'42° JDB NO. 960216 - NOTE= THERE APPEARS TO BE NO OFF -61TE NOISE BALE 3112/96 SOURCES IN THE MEDIATE AREA D BY: 9TE 1 .. .. ,..„ . .. — • ..... .... . . ... •••• ••••••• . ••••• ,..... g .• % . •. ........, ..,... • P " g . '' E •' g .4 1, .. .. . , • ',,S.: i t s C. i t• P• 1 ; 4 •?-4. : ,.. • --• 4 : I ) f44 i '•• t - 4 • . rt••• ,•••4 I ••4: g,...I .1 . 4 , A... > .. '...: :: :... . 4 ... 4. 4 ••• A ' 3 . ' • • ' '• . 4 4 9 , 4 l I f O 4 . /*. . P • ?2 .., 4 , O P 4• ", I ," . " r" 'W. 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LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. (PLACE VICINITY MAP HERE) The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM TT PUBLISH DATE: MLP 96 -0005 ULWELLING PARTITION PROPOSAUREOUEST FOR COMMENTS • • CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 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: • �► (Pfeaseprovide tkefoffowing information) Name of Person(s) Commenting: I Phone Number(s): I MLP 96 -0005 ULWELLING PARTITION PROPOSAL/REQUEST FOR COMMENTS • 1� ME� LP q6-6. Q UEST FOR CO . NOTIFICATION LIST FOR LAND USE & DEVELOPMENT APPUCATIONS • : : :: : <:::«:>::> :::: : >:::<:: > .: >::: >::::::;: >::: N: Q�tYYQLYEAIErR:' El1MSy> ?><><>`.'< : ><> >r; »;:: ; >::;:':: " >:s<:;: {circle one} _ CIT Area: (W) (S) (E) (C) ® Placed for review in Library CIT Book . _ BLDG. DEPT. /David Scott. mikew°mad _ �' DEPT. /Kelley Jennings, a t eon ottc« _ OPATIONS /John Acker, tit. so,u. _ CITY ADMIN. /Cathy Wheatley, GtyRec «d , -E DEPT./Brian Roger. Devekwarnent R Engine& 3 C M.DEV. DEPT. /D.S.T.'S ADV. PLNG. /Nadine Smith, Planning Swa.km ATER DEPT. /Michael Miller, °Wage,. btptjOpaatwr. Mal ea. _ IRE MARSHALL NIFIED 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 .. :.:. :::. :: : . ::.::.: APt'EC'!'ED Ill) ISDIC '[.:::::::::.. . :. :::: :.:::.. ,.. :.;• .' ::.: • :.:.:;..:.::..: . WA. CO. DEPT. OF LAND USE b 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 (IGA'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 • 1120 SW 5th _ CITY OF LAKE OSWEGO I _ 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 15300 SW 116th Tualatin, OR 97062 OTHER King City, OR 97224 .. ..: >::.: : : : :: :::; SPECIAL.AG >'< ` ::: . ;: :' >: »` :: .:';:< >: : < :.: GENERAL TELEPHONE ELECTRIC( GENERAL ELECTRIC _ COLUMBIA CABLE CO. Elaine Self, Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _ NW NATURAL GAS CO. w...: tswnrn•aso _ METRO AREA COMMUNICATIONS _ TRI -MET TRANSIT DEVELOPMENT Scott Palmer Fax MU) 721.2=1 Jason Hewitt Kim Knox, Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladoy Street Portland, OR 97209 -3991 1815 NW 169th Place 5-6020 Portland, OR 97232 Beaverton. OR 97006 -4886 — TCI CABLEVISION OF OREGON _ US WEST COMMUNICATIONS _ SOUTHERN PACIFIC TRANS. CO. Linda Peterson Pete Nelson Duane M. Fomey. PLS- Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324 Portland, OR 97201 Portland, OR 97204 Union Station Portland. OR 97209 :::::.;. ..::::.. >: ::::: >:::::: > :;; ::;:. : ::::::: ::g ::: : :::: : : :::::;: > <::: >:::�FEDERALAGENCIES:.:: •; •: - .: • _ AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _ US POSTAL SERVICE _ COMMERCE DEPT. -M.H. PARK _ FISH & WILDLIFE Randy Hammock, Growth Cord. _ PUC _ DOGAMI Cedar Mill Station DEPT. OF ENVIRONMENTAL QUAUTY Portland, OR 97229 -9998 _OTHER _ U.S. ARMY CORPS. OF ENGINEERS II: Wek WattNmaster ftcrotk.mst * 4 i COMMUNITY NEWSPAPERS INC. Legal P.O. BOX 370 PHONE (503) 684 -0360 Notice TT 8475 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • Tigard , Oregon ` 7223 -8199 • ❑ Duplicate Affidavit *Accounts Payable:Terry • AFFIDAVIT OF PUBLICATION ,' STATE OF OREGON, ' COUNTY OF WASHINGTON, )SS. a' I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti ga rd—Tiia 1 at- I n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at that in the aforesaid county u0 5 and t 7 l wel l i the Part a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: May 2,1996 Ka 54. A- Subscribed and sworn t fore me this 2nd day of May ,199;,6 ` ` OFFICIAL SEAL a ` oc_ Lt • Q xa : E p ROEiI■� A. BURGESS ♦• el ." - NOTAr .FLIC - OREGON Notary P is for Oregon ■;;:■,' COMh.ISSV ! NO. 024552 My Commission Expires: f!Y co:: `ISSI9IJ EXPIRES MAY 18, 1997 AFFIDAVIT • • _ . • _ . • .._._._______________________, MINOR LAND PARTITION (MLP) 96 -0005 ULWELLING PARTITION The Director h approved, subject to conditions, a request to partition lot with an existing residence of .83 acres, into two (2) lots of .60 an (1) g and .23 acres. LOCATION: ro16rt S.W. s ocat�d at the southwest corner . 11CB, TAX LOT 1702). The p pe Y of Marion Drive allows low dens ty d, ZONE: single- family A APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. _ - --1k7. — —.-_--1- 1 --j 1 . :— -4 • H I , , I YM ' lallei i 4U BJ CT ;;;;;M::::•,::::,:lti 1 16. ' I I .e-----A ! �1 -1 . -7 - 7 ----- 1 —r—b[CICCME I i ST 77-712 I I NI , 111111111 IIII , i ----------j--A I NM WON r Illilli I 7...._ � be The adopted finding of facts, decision, and statement of conditions ocS.W. obtained from the Planning Department, Tigard Civic Center, 2 Hall Blvd., Tigard, Oregon 97223. The decision shall be final on Ma 15 , art to the decision may appeal this decision in accor ance 1996. Any party filed Development Section 1 Code, , which and provides that Section 18.32.370 written appeal may be led D evelopment Code, which p within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 P.M., Mayy 996• TT8475- Publish May 2, 1996. . • a - :NOTICE :OF.DECISION. MINOR LAND: PARTITION_(MLP) 0005.-_: :^ CITY OF TIOARD :KATHLEEN - AND - JOHN ULWELLING± K - _ . SECTION I: APPLICATION SUMMARY CASES: FILE NAME: ULWELLING PARTITION Minor Land Partition MLP 96 -0005 PROPOSAL: The applicant has requested to partition one parcel of .83 acres into two parcels of .63 and .20 acres. APPLICANT: Kathleen and John Ulwelling OWNER: Same 15165 SW 100th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: R -3.5 (Residential, 3.5 Units Per Acre). The R -3.5 Zoning District allows low density detached, single - family residences. LOCATION: 15165 SW 100th Avenue ; WCTM 2S1 11CB, TAX LOT 1702. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.48, 18.162 and 18.164. SECTION II: DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of conditions. The findings and conclusions on which the decision is based are note in Section IV. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 1 • • • •. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639. 41 1. The applicant shall show on the final plat that a right -of -way radius will be dedicated at the corner of Lady Marion Drive and 100th Avenue. The radius shall be 20 feet. 2. Prior to approval of the final plat, the applicant shall complete the wheelchair curb ramp at the corner of Lady Marion Drive and 100th Avenue and the concrete sidewalk along the frontage of SW 100th Avenue. 3. Prior to approval of the final plat, the applicant shall obtain a street opening permit from the Engineering Department for the work in the right -of -way. For this project, the permit will cover the sanitary and storm sewer service extensions to both lots and the curb ramp and sidewalk improvements in 100th Avenue. 4. Prior to approval of the final plat, the applicant shall obtain an approval and a permit from the Washington County Health Department for the abandonment of the existing septic system. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C: The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. PRIOR TO RECORDING THE PARTITION PLAT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 6. The barn shall be removed. STAFF CONTACT: Mark Roberts, Planning Division. 7. The existing fence along the new lot's frontage on SW Lady Marion Drive shall be removed. STAFF CONTACT: Mark Roberts, Planning Division THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 2 Aik • SECTION III: BACKGROUND INFORMATION Site History: The site is presently developed with an older detached single - family residence and accessory structure. The property has been designated for Low Density Residential and zoned R -3.5 since the Comprehensive Plan was adopted in 1983. Vicinity Information: The immediate area is largely developed with detached single - family residences. To the north, west, northeast and south, are areas developed and zoned for Low Density Residential use. To the southeast are areas zoned R -7, these areas have also been developed with detached single - family residences. Site Information and Proposal Description: The site slopes slightly downhill to the southeast. The portion of the property that is proposed to be developed for a new residential use contains part of a barn and several fruit trees. Utility and site access are proposed to be taken from SW Lady Marion Drive that was developed and completed as part of the Lady Marion Estates Subdivision. 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). Each of the proposed parcels would exceed the 10,000 square foot minimum. The proposed parcels comply with the R -3.5 Zoning District. The parcels as proposed would allow the development of an additional detached single - family residential dwelling unit on the NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 3 • • - newly created parcel. This lot size and type of development conform with the Comprehensive Plan as required by Criteria 1 in terms of the development standards that implement in the Comprehensive Plan designation for this property. The development as proposed does not exceed the maximum residential density allowed under Chapter 18.92 for a .83 acre R -3.5 property. The site yields the opportunity to develop up to three dwelling units after deduction of street right -of -way. Upon completion of the appeal period, the development will have complied with the statutory requirements of the City of Tigard for development review as required by Criteria 2. Adequate public facilities are available or have been required to be provided to serve this site as set forth in Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drain) as required by Criteria 3. These requirements are reviewed by the Engineering Departments in this report. The new parcels do not exceed a two and one -half to one, length to depth ratio. The R -3.5 Zoning District does not have an average width requirement. For these reasons the proposed parcel configurations conform with size and dimensional requirements of the R -3.5 Zoning District as required by Criteria 4. As proposed, the improvements will comply with City and applicable agency standards in satisfaction with Criteria 5 as reviewed through the Building Permit Plan Check process. Each parcel complies with the Basic Solar Access requirements because the north to south lot dimension exceeds 90 feet in length. Future development of structures on the new parcel will require compliance with Solar Balance Point Standards of the Community Development Code. 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. 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. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 4 • 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 that 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 and or bicycle pathway with the floodplain in accordance with the adopted pedestrian and or bicycle pathway plan. Criterion's 1, 2, 3, and 4 are satisfied. The parcels will exceed the area requirement of 10,000 square feet set forth for properties zoned R -3.5. The newly created parcel would have in excess of 15 feet of direct frontage on a Public Street in satisfaction of the lot frontage requirement in Criteria 3. The standards for setbacks, landscaping and clear vision requirements will be reviewed for new structures will be reviewed at the time of Building Permit Plan Check Review. The existing barn is shown to be developed over the proposed new property line. To comply with setback requirements the structure shall be removed prior to recording of the partition plat in satisfaction of Criteria 4. The existing five foot fence along the newly created lots frontage on SW Lady Marion Drive shall also be removed prior to recording the partition plat in order the lot to comply with the applicable Clear Vision standards and front yard area structural height limitations. Criterion's 5 and 6 have been addressed because the proposed lots will each have in excess of 15 feet of frontage on a public street. For this reason a flag lot setback determination is not necessary and flag lot access screening is not required. Through the Building Permit Plan Check Review fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria 7. Criteria 8 that requires a reciprocal access maintenance agreement is not required because direct access for the new parcel will take place from a public street. Criteria 9 will be satisfied through the requirement for construction of 10 foot wide minimum driveway to serve the new parcel. Criterion's 10 has been met because the parcel is not located within the 100 -year flood plain, or in areas with slopes exceeding 25 percent. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 5 • . Because the site does not adjoin the 100 -year flood plain dedication is not applicable. ion of areas for pathway PUBLIC FACILITY CONCERNS: Sections' 1 8.164.030 E 1 a (Streets), 18,1 6_090 (Sanita S (Storm Drains) shall be satisfied as specified below: ry ewer), and 164 00 S eets This site is next to SW 100th Avenue and SW Lady Marion Drive, residential streets with 50 foot rights -of -way (ROW). There is a needf for dl are local to be dedicated at the corner of Lady Marion Drive and 100th Avenue for a provide a a ROW radius. The corner radius required at the intersection of two local str a corner partition applicant will be required to dedicate the corner radius on the wheelchair curb ramp at the intersection final p °n art is . feet. The Both roadways are fully improved except for the plat. and a sidewalk along the frontage of 100th Avenue. The applicant, of partitioning this property will be required to complete the wheelchair cant, as a part e concrete sidewalk along the frontage of the site. This improvement sh ramp and the prior to recording the final plat. all be completed Sanita Sewer There are existing public sanitary sewer lines in both Lad y Marion Drive and 100th Avenue. The existing house is currently served by a private septic system. partitioning this site, the applicant will be required to connect the existing As a part of public sewer system. The proposed plan shows a new lateral for the new lot onl lot onl to the applicant will be required to provide sewer service to both lots prior to ap y. The plat. proval of the final Since the existing house is on a septic system, the applicant will need Washington County Health Department to abandon the system prior to connection to the apply public sewer line. to Pp Y to the p c Storm Drainaoe: There is an existing 12 -inch public storm line in Lady Marion Driv serve this site. The plan shows a proposed lateral for the new lot. a that is available to Storm Water ualit : The City has agreed to enforce Surface Water Management established by the Unified Sewerage Agency (USA) (Resolution and Order regulations amended by R &O 91 -75) which require the construction of on -site water ee 91-47, as quali ty facilities. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Pans R • • However, in the case of constructing a single - family dwelling, these rules do not apply. Therefore, there are no water quality requirements for this approval. 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 that 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. SECTION V: OTHER STAFF COMMENTS The Building Division has reviewed this proposal and stated that although the storm drainage facility in SW Lady Marion Drive is at an elevation of 292.53, based on the topography of the site it is possible that roof and or underfloor drains will be constructed an elevation to low to be served by the public system. Notes on the plan indicate that future development may be restricted to a portion of the site due to its topography. A suggested alternative would be to require that a private storm drainage line be constructed in a private easement along the south property line to give the builder greater flexibility in the design of future structures. No other comments or objections have been received. SECTION VI AGENCY COMMENTS No other comments or objections have been received. SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON MAY 15, 1996 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION MLP 96 -0005 - ULWELLING PARTITION Page 7 • • Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MAY 15, 1996. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. /06€6 May 2. 1996 PREPARED BY: Mark Roberts DATE Associate Planner . May 2. 1996 APPROVED BY: Richard Bewersd DATE Planning Manager 1: \CURPLN \PATTY\MLP 96-05 DEC NOTICE OF DECISION MLP 96 -0005 - ULWELLINC. ARTITION Page 8 - -- --- - • - - — ------• ---- - — -- — ---- --- (V .. ------ —. - --- - —7— — - .-- :- .---:--. . . . 1 i , ,•, < ..1...• ! F _ C , .■ • 1 OA I B : Id D I . < — - CO . CI ) II 1 i . trtrEPPEnsEEd,LS_ a 0 A - • . 0) 04, I , I I i • ....- : C UBJ 1_ CT ••••..........I :: IF $:*$$$$$$$$ riiRc:J_ L—>>> *:•:•:•:•:•:•:•:-:•:•:•:•:•: ...t.:•:•:•:+xt:t:t:txt:! i CO . ..... HDOCIA4 11111111 701111=_A "0 CO , 1111111 oa .. 0 KABI F ST — r2 co 0 < 1111 1 45 .,_. I > E /4• 1 I I I I rirrn • . 1 Vicinity Map ,A, MLP 960005 ULWELUNG PARTITION - Note: Map is not to scale N .. . . • • PROJECT INFORMATION • I TAX LOT TO BE PARTITIONED • 1102 ' Of66 • elect OLL 10010 A TIGARD, OREOON 01274 AREA Cr NEW LOT • €0 l 01 (073 ACREOJ r ZONE ■ R -3D TREE SCHEDULE MRS USE • NEW ^E °1D°'� OIIeIER NAMB • JOFN 1 CANT LLUELLNO O.WER ADDI!00 • 5110 OLL 10001 A - 0• APPLE J • 24• PINE TI4ARD, CREOCN 01224 D • C• C+lIlK K • 20• RR O16NER TELEPHONE • (1031631•01131 C • 14• RR L - 24• PITR D• 17 APPLE M- l0' RR OM E - r RLDERT N • 74• RR P • 0' RLCERT P • 10• mom NOTE, T1AIt APPUAR0 to OE NO OP -6TTE NONE O • EP APPLE MACRO IN THE ;MEDIATE ARIIA. N . UJI 60• LAS= in AIP TOXIMATE KELM 04100TA1 Y 61R,1C'i LATERAL LOCA11 l / j . 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E X H I I T MAP ULWRLING PARTITION I MLP 96 -0005 I /17/96 _09:46 _$ 7671 Date' 503 526 2538 �_ TV FIRE MARSHAL • v 001/002 • Post -it Fax Note ��.�� L Fro �� P ---, ,__ . . �,fti.11,�, CoJDBOL CRY OF TIGARD R COMMENTS LOAM April 10. 1996 • TO Washington County Fire Marshall FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x3171 Phone: (503) 6394171 Fax: (503) 684-7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION < _ The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22, 199. You may use the space provided below or attach a separate letter to return your comments. If • _ : - . I : • - • - • • i • b 1 - : • •v • - - , 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. A Written comments provided below: ., c, 0 c ' _S • A4i-ri A •> \ Z.- vv0 " , a J 4-1-- P--y-3 - L (I ca . ) 6 ,) (_ ,. t - 4/ c_ I 4- . 4 ft . + vv01 J . Id ,4-1--1 61- J,, A- 1 ; r s. 1 1 v 71,-i cl. fl- I _ 0 t S ; h. , F z )2 c,....,) J4w n ap ,Oi-s. ,) ►l _ __ 4 -► (��c pr,vica theft/rowing information) Name of Person(s) Commenting: l 1 Phone Number(s): 1 MLP 96.5 ULWELLING PARTITION PROPOSAUREOUEST FOR COMMENTS • • MEMORANDUM CITY OF TIGARD, OREGON DATE: May 6, 1996 • TO: Mark Roberts FROM: Brian Rager, Development Review Engineer RE: MLP 96 -0005 ULWELLING PARTITION ** AMENDED COMMENTS ** Description: The applicant is proposing to partition one lot with an existing residence, of 0.83 acres, into two lots of 0.60 and 0.23 acres. The site is located at 15165 SW 100th Avenue, (Tax Map 2S1 11 CB, Tax Lot 1702). Findings: 1. Streets: This site lies adjacent to SW 100th Avenue and SW Lady Marion Drive, both of which are local residential streets with 50 foot rights -of -way (ROW). There is a need for additional ROW to be dedicated at the corner of Lady Marion Drive and 100th Avenue to provide a corner radius. The corner radius required at the intersection of two local streets is 20 feet. The applicant will be required to dedicate the corner radius on the final partition plat. SW Lady Marion Drive is fully improved adjacent to this site. SW 100th Avenue is paved, but there are no curb, gutter and sidewalk improvements adjacent to this site. At present, the roadway functions adequately under current traffic loads, and the partition proposal will not create a significant impact to the street. Therefore, we find that a half- street improvement is not warranted at this time. However, the applicant, as a part of partitioning this property will be required to enter into a non - remonstrance agreement which will obligate the applicant to participate in the future widening of SW 100th Avenue. There is no anticipated schedule as to when this roadway will be widened. This agreement shall be completed and sent to the County for recording prior to recording the final plat. ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 1 • • • 2. Sanitary Sewer: There are existing public sanitary sewer lines in both Lady Marion Drive and 100th Avenue. The existing house is currently served by a private septic system, which appears to be in good working order and will not pose a health risk if left installed. The proposed plan shows a new lateral for the new lot. The applicant will be required to extend the new service lateral to the new lot prior to approval of the final plat. If, as a part of developing the new lot, any part of the drainage field for the existing septic system is disturbed, the applicant would then have to connect the existing house to the public sewer. 3. Storm Drainage: There is an existing 12 -inch public storm line in Lady Marion Drive that is available to serve this site. The plan shows a proposed lateral for the new lot. 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. However, in the case of constructing a single - family dwelling, these rules do not apply. Therefore, there are no water quality requirements for this approval. 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 PARTITION PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 2 • • 1. The applicant shall show on the final plat that a right -of -way radius will be dedicated at the corner of Lady Marion Drive and 100th Avenue. The radius shall be 20 feet. 2. Prior to approval of the final plat, the applicant shall execute an agreement, 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 100th Avenue. 3. Prior to approval of the final plat, the applicant shall obtain a street opening permit from the Engineering Department for the work in the right -of -way. For this project, the permit will cover the sanitary and storm sewer service extensions to the new lot. 4. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. APPROVED: FT— – Greg Berry, Acting City Engineer is \eng \brianr\m1p96- 05.bdr ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 3 • S MEMORANDUM CITY OF TIGARD, OREGON DATE: May 1, 1996 TO: Mark Roberts FROM: Brian Rager, Development Review Engineer RE: MLP 96 -0005 ULWELLING PARTITION Description: The applicant is proposing to partition one lot with an existing residence, of 0.83 acres, into two lots of 0.60 and 0.23 acres. The site is located at 15165 SW 100th Avenue, (Tax Map 2S1 11 CB, Tax Lot 1702). Findings: 1. Streets: This site lies adjacent to SW 100th Avenue and SW Lady Marion Drive, both of which are local residential streets with 50 foot rights -of -way (ROW). There is a need for additional ROW to be dedicated at the corner of Lady Marion Drive and 100th Avenue to provide a corner radius. The corner radius required at the intersection of two local streets is 20 feet. The applicant will be required to dedicate the corner radius on the final partition plat. Both roadways are fully improved with the exception of the wheelchair curb ramp at the intersection and a sidewalk along the frontage of 100th Avenue. The applicant, as a part of partitioning this property will be required to complete the wheelchair ramp and the concrete sidewalk along the frontage of the site. This improvement shall be completed prior to recording the final plat. 2. Sanitary Sewer: There are existing public sanitary sewer lines in both Lady Marion Drive and 100th Avenue. The existing house is currently served by a private septic system. As a part of partitioning this site, the applicant will be required to connect the existing house to the public sewer system. The proposed plan shows a new lateral for the new lot only. The applicant will be required to provide sewer service to both lots prior to approval of the final plat. ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 1 • • Since the existing house is on a septic system, the applicant will need to apply to the Washington County Health Department to abandon the system prior to connection to the public sewer line. 3. Storm Drainage: There is an existing 12 -inch public storm line in Lady Marion Drive that is available to serve this site. The plan shows a proposed lateral for the new lot. 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. However, in the case of constructing a single - family dwelling, these rules do not apply. Therefore, there are no water quality requirements for this approval. 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 PARTITION PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 1. The applicant shall show on the final plat that a right -of -way radius will be dedicated at the corner of Lady Marion Drive and 100th Avenue. The radius shall be 20 feet. 2. Prior to approval of the final plat, the applicant shall complete the wheelchair curb ramp at the corner of Lady Marion Drive and 100th Avenue and the concrete sidewalk along the frontage of SW 100th Avenue. ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 2 • • 3. Prior to approval of the final plat, the applicant shall obtain a street opening permit from the Engineering Department for the work in the right -of -way. For this project, the permit will cover the sanitary and storm sewer service extensions to both lots and the curb ramp and sidewalk improvements in 100th Avenue. 4. Prior to approval of the final plat, the applicant shall obtain a permit/approval from the Washington County Health Department for the abandonment of the existing septic system. 5. Final Plat Application Submission Requirements: A. Three mylar copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Copy of recorded boundary survey for site. C. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. APPROVED: - — Greg Berry, Acting City Engineer i:\eng\brianr\m1p96-05.bdr ENGINEERING COMMENTS MLP 96 -05 Ulwelling Partition PAGE 3 Iv • • RECEIVED PLANNING 4 • APR 1 2 199 CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Elaine Self. GTE Engineering Office FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: • MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 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 V We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please pvvide tfiefolfawing information) Name of Person(s) Commenting: Phone Number(s): I MLP 96 -0005 ULWELLING PARTITION PROPOSAUREOUEST FOR COMMENTS • kpj RECEN PLANNINEITir of TIGARD REQUEST FOR COMMENTS APR 1 5 1996 DATE: April 10. 1996 TO: Brian Moore. Portland General Electric FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 - 0005 ➢ ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11 CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 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: (rfeaseprovide tfiefollowing information) Name of Person(s) Commenting: c?...`.b.A � I Phone Number(s): O MLP 96 -0005 ULWELLING PARTITION PROPOSAUREQUEST FOR COMMENTS • • RECEIVED PLANNING APR 1 5 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Lee Walker. Unified Sewerage Agency /SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 - 0005 > ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22, 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: X We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide thefo[ owing information) Name of Person(s) Commenting: M L, I Phone Number(s): g J g to io I MLP 96-0005 ULWELLING PARTITION PROPOSAL/REQUEST FOR COMMENTS • (t \i„ RECEIVED PLANNING CITY OF TIGARD • REQUEST FOR COMMENTS APR fl 2 19 96 DATE: April 10. 1996 TO: David Scott. Building Official FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11 CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R - 3.5. The R - 3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 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: C. 6A61 •ten \ , x ) . 4 . \ I N * do s r t k - ‘ ' ‘ A l ' ft L vJ � k� ‘m i inn O S , - [ (1 . 5v,/ NOtll. �- c ava \ , en @Vase provide the foaming information) Name of Person(s) Commenting: Q,01 - S I Phone Number(s): '1\ MLP 96 -0005 ULWELLING PARTITION PROPOSAL/REQUEST FOR COMMENTS • • RECEIVED PLANNING ` 1 2 VOA ITY OF TI©ARD • REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Development Services Technicians FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317). Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11 CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22. 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. PLE E CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide thefolfowinginformation) Name of Person(s) Commenting: 0 I Phone Number(s): /„? y (W)/ k, -, I MLP 96-0005 ULWELLING PARTITION PROPOSAUREOUEST FOR COMMENTS • drEIVED PLANNING t V� APR I 21996 A • CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Michael Miller. Operations Water Manager FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 ➢ ULWELLING PARTITION < • The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Mond -y - April 22, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide thefa wing information) Name of Person(s) Commenting: mike l4 i �� I Phone Number(s): X 31S- MLP 96 -0005 ULWELLING PARTITION PROPOSAUREOUEST FOR COMMENTS • RECEIVED PLANN APR 1219�� CITY OF TIGARD REQUEST FOR COMMENTS DATE: April 10. 1996 TO: Kelley Jennings. Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: MINOR LAND PARTITION (MLP) 96 -0005 > ULWELLING PARTITION Q The applicant is proposing to partition one (1) lot with an existing residence of .83 acres, into two (2) lots of .60 and .23 acres. LOCATION: 15165 SW 100th Avenue (WCTM 2S1 11CB, TAX LOT 1702). The property is located at the southwest corner of Marian Drive and 100th Avenue. ZONE: R -3.5. The R -3.5 zoning district allows low density detached, single - family residences. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.48, 18.162 and 18.164. • Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - April 22, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provufe thefoffowing information) Name of Person(s) Commenting: / / ; Phone Number(s): DC 220 MLP 96 -0005 ULWELLING PARTITION PROPOSAUREQUEST FOR COMMENTS � JELi c o co TREE J... J... J... v I I SCHEDULE PERIM � o d- � 4/4, A - 12" APPLE J - 24" PINE '� I .. `II � I il dIs1 , ' _ 5 - 12" CHERRY K - 28" FIR o� l 61J1313 O O o C - 24" FIR L - 24" PINE .k °) �j , !!!1I � D �� E - 8" FILBERT N - 24" FIR s2s ' / 0 di j F - a" FILSERr P - 10" FILBERT �F\G MI 2 G - 18" APPLE QPG . i U v 14 - 10" LAUREL �a 0 Q X S W. GAARDE STREET S.W. McDONALD -°- 0 a a_ 1.1- L fiZ) APPROXIMATE FUTURE APPROXIMATE FUTURE 3 - N��% STORM SEWER SANITARY SERVICE v' w � 11 13 �� LATERAL LOCATION LATERAL LOCATION MARION DRIVE j I.E. AT EXT'G = ± 292.53' I.E. AT EXT'G = ± 2x9.61' s.w. SATTLER ST. _ i r _ HOUSE HOUSE HOUSE HOU5E ma y EGON . a I •201 20 : , . t7, y ,, c, ! ill 6 'S R N‘ - -- -- - - -- - -- - -- -- -- -- -- - - - 1 I FExPt; I2,3 1'6 MM. _ I N E M E ■ ■ , 1 N. IN EN MIL MENNEN/ MI ' _ -.v_ L 1.1 1 1 I r► - a" PVC SANITARY o I ! VICINITY MAP z 12 STORM MARION DIRTY \ 6" WATER — i — - - •••••••••• . -- 1111••••••111 I ■ N a9 W - =_- 260.0a' TTTT I 7 1 . - T - 1 - 1 1 TIT T1 T 1 '_ - N 7 r 7 / � PROPOSED WHERE SHOWN '� AREA = 10,001 S.F. _ LOT LINE AREA = 26,111 SF. I 25 20 6 = 023 ACRES ° = 0,60 AGREE O vi Lij 6-\' / TAX LOT 1102 1 O /1 w_ `� w_ I -- -- -- -- c� -0 176 c2; � Q� �' I �� �� EXISTING o� I j �/ q, U l BARN --1.7 • I f ' 0 C Q TAX LOT 1 03 c 1 - - S.W. 51`' -t l TL E R 5T. - z o ry °' 'E EXISTING 0 � 28S HOUSE z 0 ti EXISTING > i - - - - - - `1 °j /:. / GARAGE I i es' a p O K 9t ^� I M N � / n`0 - _ O .H "12.03' L O ..- 188.05' 0 ._ - � - -° 9' 45 W — '� -- — -- -- -- PROJECT INFORMATION 9 260.08' i . I , TAX LOT 1113 TAX LOT 1 14 d LL \✓ TAX LOT TO :T1Tb00: E PNE 1102 ct OF HOODVIEW ADDRE55 : 15165 S.W. 100th DRIVE / �� . I �P 0 /' 25 1 25 TIGARD, OREGON 97224 . \ 2 -1 AREA OF 10,001 5.F. (023 ACRES) \ / Z ZONE : R-3.5 FUTURE 1.16E : NEW RESIDENCE 3 OWNER NAME : JOHN 4 CATHY ULWELLING OWNER ADDRE55 : 15165 5.W. 100th NORTH TIGARD, OREGON 91224 U / HI SITE PLAN OWNER TELEPHONE : (503) 639 -0939 Q cc Mr 1" = 40' -0" JOB NO. 960218 NOTE: THERE APPEARS TO 5E NO OFF -SITE NOISE DATE: 3/29/96 SOURCES IN THE IMMEDIATE AREA. DRN. BY: SET DWG #: SITE 1