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MLP1997-00018 3 4 RI1T A Al -IL CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER NO. 98-03 PC a BY THE PLANNING COMMISSION Case Number(s): MINOR LAND PARTITION (MLP) 97 -0018 Case Name(s): APPEAL OF SLIMICK PARTITION Name of Owner: Daniel and Mary Slimick Name of Applicant: Same as Owner Information Address of Applicant: 11355 SW 97th Court City: Tigard State: Oregon Zip: 97223 Address of Property: 11355 SW 97th Court City: Tigard State: Oregon Zip: 97223 Tax Map(s) /Lot No(s).: WCTM 1 S135CA, Tax Lot 01600 Request: > The Director issued a decision approving a two (2) lot partition on January 29, 1998. Mr. John Drennen appealed this decision on March 11, 1998 stating that staff failed to adequately address Chapters 18.108.030 (A) and 18.108.070 (A), (B), and (C). The only issue raised, that had not been addressed by staff in the original decision, was the emergency vehicle turn - around. While staff had made an assumption as to the location that the emergency vehicle turn - around could be provided, it was later brought to staff's attention that the assumption was unsubstantiated. In order to rectify this, the applicant obtained written permission from the property owner of the driveway staff had assumed could be used for the turn - around. This letter is made part of the record. Prior to building permits, a formal easement will be necessary to insure emergency vehicle turn - around can be provided in perpetuity. The City of Tigard Planning Commission held a public hearing on the appeal on March 16, 1998. After the public hearing was closed, the Planning Commission voted to deny the appeal finding that the issues raised regarding the emergency vehicle turn - around and verification of joint access rights had been addressed, and finding that the creation of an additional lot on the existing 20- foot -wide access is not a violation of the code because the access was existing, was not lessened as a result of the partition and the required paving width was still able to be provided. Action: > ❑ Approval as requested ❑ Approval with Conditions © Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: THE DECISION WAS SIGNED ON MARCH 18,1998 AND BECOMES EFFECTIVE ON MARCH 20,1998. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639 -4171. MLP 97 -0018 APPEAL OF SUMICK PARTITION NOTICE OF FINAL ORDER NO. 98-03 PC {COVER SHEET} • • : ::CITY OF TIGARD, OREGON • P LANNING COMMISSION - _ :- CRY OF TIGARD FINAL ORDER' RDER.NO 98 =03 PC : I �tg A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS DENYING AN APPEAL OF A DIRECTOR'S DECISION TO APPROVE AN AMENDED MINOR LAND PARTITION. THE CITY OF TIGARD PLANNING COMMISSION HAS REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN 'FURTHER DETAIL BELOW. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON MARCH 16, 1998. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER AND THE ATTACHED EXHIBIT A - "NOTICE OF DECISION" - MINOR LAND PARTITION (MLP) 97- 0018 /SLIMICK PARTITION. 120 DAYS = 4/15/98 SECTION I. APPLICATION SUMMARY CASE NO(S).: FILE NAME: APPEAL OF SLIMICK PARTITION Minor Land Partition (MLP) 97 -0018 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 21,771.33 square feet into two (2) parcels of approximately 11,934.45 and 9,836.88 square feet. See "Site Information and Proposal Description" on page 3 for additional information on the proposed square footage's. OWNERS: Daniel and Mary Slimick APPLICANT: Same 11355 SW 97th Court Tigard, OR 97223 ZONING DESIGNATION: Residential, 12 units per acre; R -12. COMPREHENSIVE PLAN DESIGNATION: Residential, 12 units per acre; R -12. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. SECTION I1. DECISION Notice is hereby'given -that the Plan Commission-has DENIEDthe•appeal -= -- - _ • : and affirms. the•Director's Decision; findings:and'approval of MLP.- 97- 0018 FINAL ORDER NO. 98-03 PC BY THE PLANNING COMMISSION PAGE 1 OF 2 APPEAL OF SLIMICK PARTmON - MLP 97-0018 • • SECTION 111. BACKGROUND INFORMATION The Director issued a decision approving a two (2) lot partition on January 29, 1998. Mr. John Drennen appealed this decision on March 11, 1998 stating that staff failed to adequately address Chapters 18.108.030 (A) and 18.108.070 (A), (B), and (C). The only issue raised, that had not been addressed by staff in the original decision, was the emergency vehicle tum- around. While staff had made an assumption as to the location that the emergency vehicle tum- around could be provided, it was later brought to staff's attention that the assumption was unsubstantiated. In order to rectify this, the applicant obtained written permission from the property owner of the driveway staff had assumed could be used for the tum- around. This letter is made part of the record. Prior to building permits, a formal easement will be necessary to insure emergency vehicle turn - around can be provided in perpetuity. The City of Tigard Planning Commission held a public hearing on the appeal on March 16, 1998. After the public hearing was closed, the Planning Commission voted to deny the appeal finding that the issues raised regarding the emergency vehicle turn - around and verification of joint access rights had been addressed, and finding that the creation of an additional lot on the existing 20- foot -wide access is not a violation of the code because the access was existing, was not lessened as a result of the partition and the required paving width was still able to be provided. The findings and conclusions on which the decision is based are attached as EXHIBIT A - "NOTICE OF DECISION" Minor Land Partition (MLP) 97- 0018 /Slimick Partition. SECTION IV. CONCLUSION AND RECOMMENDATION It is further ordered that the applicant and all parties to these proceedings be notified of the entry of this order. PASSED: This 16th day of March, 1998 by the City of Tigard Planning Commission. Signature box a 0A Nic. Wilson, President Ci• •f Tigard Planning Commission 11CURPLNUUUA\SLIMICK.FO FINAL ORDER NO. 98-03 PC BY THE PLANNING COMMISSION PAGE 2 OF 2 APPEAL OF SLIMICK PARTITION - MLP 97 -0018 EXHIBIT A • • Y_ T •• = .�.. • .( - ti� ' . w.r.w •. -�I �- � I.'• T..ti •r'�.• Ai--' �� <.a�•� LL e '�.��.rR =k c:cis.A:'w� :%:: �.i':�i...:�.. .. - ..-J i '' - ''�:_ ti = MiN_o u�PART io rut Q t�Q �:.: ; b : � �. • : ; v: +.�:.: =z •. ' unu jiar uulup '' -::::y ::_ 'CITY OF T IOARD • •L��: -.. - . _a.c� : ... i -�'�' /� G•.xlT_fe�'• a 'p "�la.`. -.w.� t�4E" -f '. �iF'r.TS' `-fi- .a `Ti -: - r'7-� ►iLY�b'ia• -. . - �+'!�+.i - _._ ". ". .i `.'fir_' -. . ,3 . _ .Y . i ff►�._(_ ••JS_ _.. `.�.. '� -o•� -' '�._.. -.. y ��•�'- �ilit - _ - ~ P' , . ��{�: J G :s1,Xrti .�p�/'L � �.�•�� - 120 DAYS - 4/15/98 SECTION I: APPLICATION SUMMARY CASE NO(S).: FILE NAME: SLIMICK PARTITION Minor Land Partition (MLP) 97 - 0018 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 21,771.33 square feet into two (2) parcels of approximately 11,934.45 and 9,836.88 square feet. See "Site Information and Proposal Description" on page 3 for additional information on the proposed square footages. OWNER: Daniel and Mary Slimick APPLICANT: Same 11355 SW 97th Court Tigard, OR 97223 ZONING DESIGNATION: Residential, 12 units per acre; R -12. COMPREHENSIVE PLAN DESIGNATION: Residential, 12 units per acre; R -12. - • LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164 SECTION II: DECISION • �: Notice .isliereby- given_that.tkie Cit Community .DeveI6pmenf'Director's ; :. • . e desi neha`s - - 9 • . the= above��equest subject.to certain.coiiditioris: °• � - • - The;fidding's and d nclusioris the decision is based are in Section"IV. • NOTICE OF DECISION SLIMICK PARTITICN - MLP 9707018 PAGE 1 OF 10 • • CONDITIONS OF APPROVAL .� OTHE=QPP �_ O l~1'EiE�FItVAL�PAFi'TtTION�PLAT THE;FOLC� � WING•- == _,:,- ,,.�,�•� �• �,(Un ressot�iervir�se noted - ♦t A taff•contact 1. Provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. Staff Contact: Julia Powell Hajduk, Planning Division. 2. The lot area for both parcels must be verified by a surveyor and documentation of such verification provided to staff. Staff contact: Julia Powell Hajduk, Planning Division. 3. Obtain a street opening permit for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 4. As a part of the public improvement plan submittal, provide the Engineering Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 5. Extend sanitary sewer laterals to each parcel. If a sanitary sewer service lateral can be provided to each parcel without violating Unified Sewerage Agency (USA) regulations (Le., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, .then the applicant will need to extend the public line far enough south in SW 97th Court to avoid a violation. 6. Hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 7. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." -_ PRIOR TO. THE• ISSUANCE °OEBUILDING.PERMITS ; _ _...... THE .:FOLCOWING - SHALL: • .. _ "_ 8. Provide the Engineering Department with a recorded mylar copy of the partition plat. 9. Obtain a permit from the Tualatin Valley Water District for the proposed water connection. • NOTICE OF DECISION SLIMICK PARTITION - MLP 97-0018 PAGE 2 OF 10 • • 10. Obtain a site permit from the Building Division to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20- feet -wide from SW Greenburg Road to the north property line of the subject site. NOTE: the site permit is separate from the street opening permit issued by the Engineering Department for work in the public sewer easement. 11. Pay the standard water quality fee of S210 for the new lot. -: - ' =4 - THIS~AI PRO.VAC AU D.:1 - EtERCISED WITHIN EIGHTEEN. (18).- -I.4 :- - - ; • - ti DEC1St0 AT ', :,- :b: .;:•= :, ;k, f fi E,p.ROC ES ANQrAII'P .SE T10N OFTW 77,. - °'`' SECTION III: BACKGROUND INFORMATION Property History: No development applications were found to have been filed with the City. There is an existing single - family structure on the site, which will remain on proposed parcel 1. Site Information and Proposal Description: The applicant did not indicate on the proposal a parcel 1 or a parcel 2. For the purposes of preparing this decision, staff is referring to the southemmost lot as parcel 1, and the northern most lot as parcel 2. The proposal is to create two (2) lots from one (1), 21,771.33 square foot lot. Parcel 1 will have 9,836.88 square feet and Parcel 2 will have 11,934.45 square feet. The square footage indicated on the written application did not correspond with the actual dimensions provided on the site plan submitted. The applicant will be required to verify the square footages, however, for the purposes of writing this decision, staff will use the dimensions provided on the site plan. The site has an existing dwelling on proposed parcel 1 which will remain. - The zoning for this property is R -12. While the medium density zoning would allow for approximately seven (7) units based on the square footage of this site, this is not possible at this time. The site currently has access via a 20- foot -wide private street. The private drive currently serves four (4) Tots. The Tigard Development Code states that private streets can serve up to six (6) Tots without a Planned Unit Development (PUD). Until additional street width is acquired to bring this street width up to local standards and the owner of the private drive wishes to make it a public street, it is unlikely that further development will be permitted. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR LAND PARTITION GENERAL APPROVAL CRITERIA: Section 18.162.040 contains the following general approval criteria for a Major Land Partition: • NOTICE OF DECISION SUMICK ?ARTrrION . MLP 97.0018 PAGE 3 OF 10 • • The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. The proposed partition complies with all statutory and ordinance requirements and regulations; This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by the application and review process. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail in SPECIAL PROVISIONS, page 4. All proposed improvements meet City and applicable agency standards (Ord. 89- 06; Ord. 83 -52). The public facilities and proposed improvements will be reviewed during the construction phase, at which time the appropriate review authority will insure that the City and other applicable standards are met. FINDING: Staff finds that the criteria above have been met outright or will be met as a result of conditions imposed in this decision in further sections. SPECIAL PROVISIONS: Section 18.162.050 contains the following special provisions for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. There is no minimum lot width in the R -12 zone, therefore, this standard has been met. 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. The minimum lot area for the R -12 zone is 3,000 square feet per unit. Parcel 1 has one (1) dwelling unit and will have 9,836.88 square feet. Parcel 2 is currently vacant with 11,934.45 square feet of lot area: While both parcels exceed the minimum lot area NOTICE OF DECISION SLIMICK PARTITION • MLP 97-0018 PAGE 4 OF 10 • • requirement, the dimensions indicated on the application do not correspond to the dimensions provided on the tentative plan. For this reason, staff will require the square footages to be verified by the surveyor prior to Final Partition Platting. 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. Both parcels have access to SW Greenburg Road via a 20 -foot -wide access easement (SW 97th Court), therefore, this standard has been satisfied. Note: Verification of easement rights will be required and is discussed further in this decision. Setbacks: Setbacks shall be as required by the applicable zoning district. Parcel 1 currently has an existing dwelling unit. The setbacks for single - family structures in R -12 are as follow: 15 -foot front yard, 5 -foot side yard, and 15 -foot rear yard. The existing structure meets all of the required setbacks. Parcel 2 is currently vacant. Any structures placed on Parcel 2 will be required to meet applicable setbacks at the time of further development proposals. 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. The proposal does not involve a flag lot, therefore, this standard does not apply. Screening on Flag Lots: A screen shall be provided along the property tine 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 This proposal does not involve a flag lot, therefore, this standard does not apply. 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. The Tualatin Valley Fire and Rescue F&R Standard #14 for single - family dwellings and duplexes shall be placed requires t each intersection. hydrants Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)" The nearest fire hydrant is at the intersection of SW 97th Court and SW Greenburg Road, approximately 200 feet to the south of the southem property line. The existing house is within 500 feet on all sides. NOTICE C DECISION SUMICK ?ARTr lON - MLP 57-8018 PAGE SO?t8 • • It appears that a structure placed on Parcel 2 can be located within 500 feet of the fire hydrant on all sides, however, this must be verged at time of building permits. This standard has, therefore, been satisfied. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Southwest 97th Court is a private drive owned by tax lot 01700. It appears that the Tots taking access from this private drive have easement rights to use the drive, however, the applicant did not provide evidence that such an easement exists. Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The Tigard Municipal Code Chapter 18.108 states that accessways serving three (3) -six (6) lots shall be 25- feet -wide with a minimum paving width of 20 feet. The existing access drive is only 20- feet -wide with minimal paving.. Because the private access is existing and the partition, in itself, does not bring the street width into non - compliance, and because the minimum 20 -foot pavement width can still be met, staff is considering this satisfactory. Tigard Municipal Code Chapter 18.108 also states that "All vehicular access and egress as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuos basis." The paving of this private drive is currently not to the required 20 -foot width and is discussed in more detail under "Additional applicable standards - Streets ", page 7. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: Based on the analysis detailed in the criteria above, staff finds that the Special Provisions for lots created through the partition process have been satisfied with the following exceptions: 1. The application provided conflicting dimensions on the application and the site plan. In order for staff to find that the proposed parcels meet the lot area standard, the dimensions must be verified by the surveyor. 2. The applicant has not provided evidence of access rights to the private street to serve either the existing or proposed parcel. In order for staff to find that the easement criteria and accessway criteria have been met, the applicant must verify that the - easement can provide access to both the existing and proposed parcel. NOTICE OF DECISION SLIMICK PARTITION - ML? 57-0018 oer-� A •-.c •r, • . CONDITIONS: 1. Have the surveyor provide verification of the lot dimensions prior to final partition platting. 2. Submit evidence that the existing lot and proposed lot has access rights via an easement along the private drive, SW 97th Court. ADDITIONAL APPLICABLE STANDARDS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway serving 1 -2 dwelling units shall have a paved width of not Tess than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. Water:' This site falls within the Tualatin Valley Water District (TVWD) service area. Prier to issuance of a building permit, the applicant will need to obtain water service from TVWD. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastem property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears NOTICE OF DECISION SLIMICK PAP.TmCN - MLP 97-0072 PAGE 7pF70 • • that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court turns to the west and SW North Dakota Street. There are no well- defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow-onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concemed with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system ". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off-site storm easements from the adjacent properties. Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil enginee. to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. NOTICE OF DECISION SL;MICK PARTITION - ML? 97 -0018 DAnt7 n. in • • Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. FINDING: Based on the analysis above, staff finds the City of Tigard street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 3 -7 indicated in this decision in order to meet the standards and obtain final plat approval and 8- 11 in order to obtain building permits. SECTION V. OTHER STAFF COMMENTS The record on this case contains the comments from each agency in its entirety. The City of Tigard Maintenance Services Department had the opportunity to review the proposal and provided comments which were discussed by the Engineering staff under the storm drainage section of the decision. Tigard Police Department had the opportunity to review the proposal and indicated that in order to provide better service, clear, legible house numbers should be visible from the private drive. Tigard Building Division had the opportunity to re - the proposal and has no objections to the proposal. SECTION VI. AGENCY COMMENTS The record on this case contains the comments from each agency in its entirety. Tualatin Valley Water District had the opportunity to review the proposal and commented that the water meter for the property will be located at SW Greenburg Road and SW 97th Court. They indicated the size required under the Uniform Plumbing Code (UPC) must be verified. NOTICE OF DECISIC : SLIMICK PARTITION - ML? 97 -0018 PAGE 9 OF 10 • • Staff response: A condition of approval for this decision is that the applicant obtain a permit from Tualatin Valley Water District for the proposed water connection prior to issuance of building permits. Portland General Electric(PGE) had the opportunity to review the proposal and indicated they have no objections. 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 govemment agencies • Final Decision: • ; P47:TIiErDECISION;SHALL FIN oN }IVEDNESDAYY . EBRUA ' 998: '!" ��' =i • bl• •Mr •. ' •' P. LINES §ArA �i P EAILIS`F7E 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 ten (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 .DEADLINEEOR FILING'OF AN:APPEALlS 3 :30 P.M: ON(FEBRUARY 11 1998. 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. January .�' ary 29. 1998 PREPARE BY: Julia Po ll Hajduk DATE Associate Planner C --� (2 �--t January 29. 1998 APPROVED BY: Richard Bewersdorff DATE Planning Manager 1 ?.CUR PLNUUUA\MLPS UMI CK.DOC NOTICE OF DEC :SION SLIMICK PARTITION - MLP 97 -0018 PAGE 10 OF 10 1 a ! . s 1 g 00.") . 1 E2 1.4 0 rri 5 m 2e :ii -,, 5 mti ( , /I 6 cg ac ri+ • ip ' 44NU (1 ,._./o' A y _ W---2fr //.7C i WI y 3 = =r 1 CD t C X1.(,0' '1 1 PC ... ..wa..bi a...�w. 1 ao 4 S.W. 9 HIC '. r ��. 0 3 do y CO a i - . CITY OF TIGARD PLANNING DIVISION A Jrii • • • ■ ..---AN-7-4-----1(. SHADY LN J i r I (T3 AFilill I IIIII I Raft t 1 Er god mil E il gig , , : - r Q 1 - oiI it: 4 ) NORTH i 1 ' Ill 11. s' DAKOTA li , 0 pi , 41 , 40 - )1 „,„..,, 1 7 E 1 6, f , : _,....m.:...:_ ( ii ... a .. ..,, m , HE ____:: . 7.:„ ■ WM� w 111 . 'zi„ , c� 1 i k ` _ 1 _ b o a : . 01 fr.. i mp! , im i ‘Iiiil EN , - • in 1111 L j I • ., wh . ; :. i . T_ : _ _ _r• p ®iii` I t > ilk% 1 11111w. Epur : - .taurai;: 0 it 1 I r • Vicinity Map N MLP 97 -0018 UaUTne, • Hoick Per t • • E x:µ Daniel & Mary Slimick NOTICE OF FINAL ORDER BY THE PLANNING 11355 SW 97th Court COMMISSION NO. 98-03 PC Tigard OR 97223 APPEAL OF SLIMICK PARTITION/ MLP 97 -0018 John W. Drennan h:\patty \docs\m1p97- 18.Ibs PO Box 23603 Tigard OR 97281 -3603 Sondra Carroll 11330/11344 SW 97th Court Tigard OR 97223 John Drennan 11495 SW Greenburg Road Tigard OR 97223 Margaret M. Davis 11470 SW Greenburg Road Tigard OR 97223 • • A 4 - FFIDAVIT OF MAILING g;ITroFnoutD Community eDevetopment Shaping Better Community County of Washington ) ss. 0\Gr\ . City of Tgard I, Patricia G. Lunsford being first duly swom/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigar4 'Washington County, Oregon and that I served the following: (cirdrravr ar.Begs)Bdoy ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No./Name Reference) O City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: 1 ❑ AMENDED NOTICE (File No./Name Reference) (Date Public Hearing) O City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission / 0 Tigard City Council Q NOTICE OF FINAL ORDER FOR: 7/W LP 17-004 AoP DF -i M Iii( X 170e 31141 ci ) ❑ AMENDED NOTICE (File No./Name Reference) (Date Public Hearing) O City of Tigard Planning Director V Tigard Hearings Officer Tigard Planning Commission o Tigard City Council ❑ NOTICE OF: FOR: i'7 1 (Typelxind d Notice) (File NojName Reference) (Date Public Hearing. d apprable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF RNAL ORDER/OTHER NOTICEIS) of which is attached, marked EOM "A ", wa I -iled to e- d p- on(s) at the address(s) shown on the attached list(s), marked ExhIh ", • n i ' e / .: y of 1 , _i 1998, and deposited in the United States Mail on the d : y of a ' / 1998, postage prepaid. iits - ✓ 1 '.,v/ 11111 �:i�/'07' (Person that Prepa �. Notice) Subscribed and swom/affirmed before me on th /t o d ay of , 19Yr G •'� OFFICIAL SEAL / /1 DIANE M JELDERKS /r��/ l .. COMMISSION NOTARY PUBLIC-OREGON NO. 046142 HOT Y PUBLIC OF OR . MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission 1 i I, • .: V7777 M EXHIBIT A NOTICE OF DECISION MINOR LAND PARTITION IMLPI 97 -0018 OTY OF IOARDI Community Development SLIMICK PARTITION Shaping Better Community 120 DAYS = 4/15/98 SECTION I: APPLICATION SUMMARY CASE NO(S).: FILE NAME: SLIMICK PARTITION Minor Land Partition (MLP) 97 -0018 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 21,771.33 square feet into two (2) parcels of approximately 11,934.45 and 9,836.88 square feet. See "Site Information and Proposal Description" on page 3 for additional information on the proposed square footages. OWNER: Daniel and Mary Slimick APPLICANT: Same 11355 SW 97th Court Tigard, OR 97223 ZONING DESIGNATION: Residential, 12 units per acre; R -12. COMPREHENSIVE PLAN DESIGNATION: Residential, 12 units per acre; R -12. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54, 18.100, 18.102, 18.106, 18.108, 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 certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 1 OF 10 IMO CONDITIONS OF APPROVAL PRIOR TO THE APPROVAL OF THE FINAL PARTITION PLAT, THE FOLLOWING I CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager in the Engineering Department at (503) 639 - 4171). 1. Provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. Staff Contact: Julia Powell Hajduk, Planning Division. 2. The lot area for both parcels must be verified by a surveyor and documentation of such verification provided to staff. Staff contact: Julia Powell Hajduk, Planning Division. 3. Obtain a street opening permit for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 4. As a part of the public improvement plan submittal, provide the Engineering Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 5. Extend sanitary sewer laterals to each parcel. If a sanitary sewer service lateral can be provided to each parcel without violating Unified Sewerage Agency (USA) regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in SW 97th Court to avoid a violation. 6. Hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 7. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: 8. Provide the Engineering Department with a recorded mylar copy of the partition plat. 9. Obtain a permit from the Tualatin Valley Water District for the proposed water connection. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 2 OF 10 IS 10. Obtain a site permit from the Building Division to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20- feet -wide from SW Greenburg Road to the north property line of the subject site. NOTE: the site permit is separate from the street opening permit issued by the Engineering Department for work in the public sewer easement. 11. Pay the standard water quality fee of $210 for the new lot. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE FINAL DECISION DATE NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS REPORT. SECTION III: BACKGROUND INFORMATION Property History: No development applications were found to have been filed with the City. There is an existing single - family structure on the site, which will remain on proposed parcel 1. Site Information and Proposal Description: The applicant did not indicate on the proposal a parcel 1 or a parcel 2. For the purposes of preparing this decision, staff is referring to the southernmost lot as parcel 1, and the northern most lot as parcel 2. The proposal is to create two (2) lots from one (1), 21,771.33 square foot lot. Parcel 1 will have 9,836.88 square feet and Parcel 2 will have 11,934.45 square feet. The square footage indicated on the written application did not correspond with the actual dimensions provided on the site plan submitted. The applicant will be required to verify the square footages, however, for the purposes of writing this decision, staff will use the dimensions provided on the site plan. The site has an existing dwelling on proposed parcel 1 which will remain. The zoning for this property is R -12. While the medium density zoning would allow for approximately seven (7) units based on the square footage of this site, this is not possible at this time. The site currently has access via a 20- foot -wide private street. The private drive currently serves four (4) lots. The Tigard Development Code states that private streets can serve up to six (6) lots without a Planned Unit Development (PUD). Until additional street width is acquired to bring this street width up to local standards and the owner of the private drive wishes to make it a public street, it is unlikely that further development will be permitted. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR LAND PARTITION GENERAL APPROVAL CRITERIA: Section 18.162.040 contains the following general approval criteria for a Major Land Partition: NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 3 OF 10 M M • The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the newly created lot • will continue to allow for residential development. The proposed partition complies with all statutory and ordinance requirements and regulations; This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by the application and review process. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail in SPECIAL PROVISIONS, page 4. All proposed improvements meet City and applicable agency standards (Ord. 89- 06; Ord. 83 -52). The public facilities and proposed improvements will be reviewed during the construction phase, at which time the appropriate review authority will insure that the City and other applicable standards are met. FINDING: Staff finds that the criteria above have been met outright or will be met as a result of conditions imposed in this decision in further sections. SPECIAL PROVISIONS: Section 18.162.050 contains the following special provisions for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. There is no minimum lot width in the R -12 zone, therefore, this standard has been met. 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. The minimum lot area for the R -12 zone is 3,000 square feet per unit. Parcel 1 has one (1) dwelling unit and will have 9,836.88 square feet. Parcel 2 is currently vacant with 11,934.45 square feet of lot area. While both parcels exceed the minimum lot area NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 4 OF 10 requirement, the dimensions indicated on the application do not correspond to the dimensions provided on the tentative plan. For this reason, staff will require the square footages to be verified by the surveyor prior to Final Partition Platting. 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. Both parcels have access to SW Greenburg Road via a 20- foot -wide access easement (SW 97th Court), therefore, this standard has been satisfied. Note: Verification of easement rights will be required and is discussed further in this decision. Setbacks: Setbacks shall be as required by the applicable zoning district. Parcel 1 currently has an existing dwelling unit. The setbacks for single - family structures in R -12 are as follow: 15 -foot front yard, 5 -foot side yard, and 15 -foot rear yard. The existing structure meets all of the required setbacks. Parcel 2 is currently vacant. Any structures placed on Parcel 2 will be required to meet applicable setbacks at the time of further development proposals. 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. The proposal does not involve a flag lot, therefore, this standard does not apply. 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. This proposal does not involve a flag lot, therefore, this standard does not apply. 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. The Tualatin Valley Fire and Rescue (TVF &R) Standard #14 requires that, "Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)" The nearest fire hydrant is at the intersection of SW 97th Court and SW Greenburg Road, approximately 200 feet to the south of the southem property line. The existing house is within 500 feet on all sides. NOTICE OF DECISION SLIMICK PARTITION - MLP 97-0018 PAGE 5 OF 10 M It appears that a structure placed on Parcel 2 can be located within 500 feet of the fire hydrant on all sides, however, this must be verified at time of building permits. This standard has, therefore, been satisfied. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Southwest 97th Court is a private drive owned by tax lot 01700. It appears that the lots taking access from this private drive have easement rights to use the drive, however, the applicant did not provide evidence that such an easement exists. Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The Tigard Municipal Code Chapter 18.108 states that accessways serving three (3) -six (6) lots shall be 25- feet -wide with a minimum paving width of 20 feet. The existing access drive is only 20- feet -wide with minimal paving. Because the private access is existing and the partition, in itself, does not bring the street width into non - compliance, and because the minimum 20 -foot pavement width can still be met, staff is considering this satisfactory. Tigard Municipal Code Chapter 18.108 also states that "All vehicular access and egress as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuos basis." The paving of this private drive is currently not to the required 20 -foot width and is discussed in more detail under "Additional applicable standards - Streets ", page 7. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: Based on the analysis detailed in the criteria above, staff finds that the Special Provisions for lots created through the partition process have been satisfied with the following exceptions: 1. The application provided conflicting dimensions on the application and the site plan. In order for staff to find that the proposed parcels meet the lot area standard, the dimensions must be verified by the surveyor. 2. The applicant has not provided evidence of access rights to the private street to serve either the existing or proposed parcel. In order for staff to find that the easement criteria and accessway criteria have been met, the applicant must verify that the easement can provide access to both the existing and proposed parcel. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 6 OF 10 CONDITIONS: • 1. Have the surveyor provide verification of the lot dimensions prior to • final partition platting. 2. Submit evidence that the existing lot and proposed lot has access rights via an easement along the private drive, SW 97th Court. ADDITIONAL APPLICABLE STANDARDS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway serving 1 -2 dwelling units shall have a paved width of not less than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. Water: This site falls within the Tualatin Valley Water District (TVWD) service area. Prior to issuance of a building permit, the applicant will need to obtain water service from TVWD. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastern property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 7 OF 10 N M • that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court turns to the west and SW North Dakota Street. There are no well- defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concerned with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system ". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off -site storm easements from the adjacent properties. Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 8 OF 10 . - Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. FINDING: Based on the analysis above, staff finds the City of Tigard street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 3 -7 indicated in this decision in order to meet the standards and obtain final plat approval and 8- 11 in order to obtain building permits. SECTION V. OTHER STAFF COMMENTS The record on this case contains the comments from each agency in its entirety. The City of Tigard Maintenance Services Department had the opportunity to review the proposal and provided comments which were discussed by the Engineering staff under the storm drainage section of the decision. Tigard Police Department had the opportunity to review the proposal and indicated that in order to provide better service, clear, legible house numbers should be visible from the private drive. Tigard Building Division had the opportunity to review the proposal and has no • objections to the proposal. SECTION VI. AGENCY COMMENTS The record on this case contains the comments from each agency in its entirety. Tualatin Valley Water District had the opportunity to review the proposal and commented that the water meter for the property will be located at SW Greenburg Road and SW 97th Court. They indicated the size required under the Uniform Plumbing Code (UPC) must be verified. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 9 OF 10 a . . Staff response: A condition of approval for this decision is that the applicant obtain a permit from Tualatin Valley Water District for the proposed water connection prior to issuance of building permits. Portland General Electric(PGE) had the opportunity to review the proposal and indicated they have no objections. 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 WEDNESDAY FEBRUARY 11, 1998 UNLESS AN APPEAL IS FILED. 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 ten (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 FEBRUARY 11, 1998. 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. :1., j January 29, 1998 PREPAR/ BY: Julia Po II Hajduk DATE Associate Planner ___L/ a , , ' ' 0 AT January 29, 1998 APPROVED BY: Richard Bewersdo DATE Planning Manager I:\CURPLNUULIA\MLPASLIMICK.DOC NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 10 OF 10 1 r R F S. W. 97TH CT \i... ,.sue • 4.; T Z 1 cr- O V) CD I PROPOSED PARTITION UNE I 0 S .1. ow -am -ENO OEM ell■--411.0—dimm_eum 7 .4_4_ UM ONO ''''? CA O Q W VJ 1 u Q O M l N O U in P ce 1 yam. _ , • �- M Ca 40 0 J I cs•oel a 0 CASE MO[SJ & CASE NAMEISL i SITE PLAN MLP 97 -0018 EXHIBIT MAP N SLIMICK PARTITION • MAP IS NOT TO SCALD •, • SHADY LN a mpp■ J i ii I ,- c \ ...... r I 1 •■ ` _ Q�� E " � a ti = �7 ■. ■� ST iiiiilE iii_ 1111 luli H p DAKOTA Q a= Is , . --ir i— - = - s) • 1 4 '.'1' pc -- a . a : g 1 s n . 1 ,_ cu Ilia E' l am INN - _ Fne, L v. I � A k l� C L V\IS LN : Illrl �■■■ J L VI _ H. 11-- TLN .• ■ , O III a Ilk I ' -1 TA G E C �L iii • — • 0 11010 ui.0 E■ - 1 = 1 Vicinity Map N MLP 97 -0018 A IIIVISMITTISCAID Slimick Partition 1 4 EXHIBIT B 1 S 135CA -03700 1S135CA-01900 AASVE, SANDRA J AND DAVID J CARROLL, SONDRA 4829 SE 10TH TER PO BOX 231025 ORESHAM,OR 97080 TIGARD,OR 97281 1 S135CA -02400 1 S 135CA -01700 DAVIS, MARGARET M TRUSTEE DAVIS, STEVE & BARBARA 11470 SW GREENBURG RD 11300 SW 97TH CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CD -09000 1 S135CA -01500 DRENNAN, DAVID A & JOAN & JOHN EGGERT, JULIA L PO BOX 23603 5322 NE PORT LANE TIGARD,OR 97281 OTIS,OR 97367 1S135CA -01600 1S135CA -01702 ' FURBER, ALICE HOLDEN, DONN c/o SLIMICK, DANIEL & MARY 5458 S RAY 11355 SW 97TH CT ERTON,OR 97005 TIGARD,OR 97223 1S135CA-01704 1S135CA-01703 HOLDEN, DONNA M HOLDEN, DONN 5458 SW MURRAY 5458 SW RAY BEAVERTON,OR 97005 B RTON,OR 97005 1 S135CA -02302 1 S135CA -02300 JANIS YOUTH PROGRAMS, INC JANIS YOUTH PROGRAMS, INC 738 NE DAVIS 738 NE DAVIS PORTLAND,OR 97332 PORTLAND,OR 97232 1 S 135CA -01800 1 S 135CA -01901 JAUCH, ROGER P JOHANSEN, MICHELLE JAUCH, BRENT H 9640 SW NORTH DAKOTA 10648 SW 41ST AVENUE TIGARD,OR 97223 PORTLAND,OR 97219 1 S 135CA -01902 1 S135CD -00300 KOCIEMBA, DIANE E LEWIS, GARY M/PATTY K PO BOX 231021 3975 SW 97TH AVE TIGARD,OR 97223 PORTLAND,OR 97225 1S135CD-00500 1 S135CD -00600 MAHAR, MARYLOU REED, KATHLEEN M 16200 SW PACIFIC HWY #129 11435 SW GREENBURG RD T1GARD,OR 97223 TIGARD,OR 97223 mi-P 97 — bong s p r /TIDN 44 o/'4) 1 S 135CA -01403 1S135CD-08800 ROBERTS, RANDOLPH JOANN SATTERLUND, SCOTT C & CYNTHIA 11430 SW GREENBURG PO BOX 230269 TIOARD,OR 97223 TIGARD,OR 97281 1S135CA -01300 1S135CA -03900 TABB, JAMES R TOMPKINS, PAMELA JEAN 11400 SW GREENBURG RD 11343 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1S135CD-00700 1S135CA-01401 TORLAND, DORIS WASHINGTON COUNTY 11425 SW GREENBRUG RD FACILITIES MGMT -ADMIN TIGARD,OR 97223 111 SE WASHINGTON ST HILLSBORO,OR 97123 1S135CA -01402 15135CA -01400 WONG, NORMAN K F AND ANN M WONG, NORMAN AND ANN M 2433 NE 11TH 2433 N PORTLAND,OR 97212 ND,OR 97212 DANIEL & MARY SLIMICK 11355 SW 97TH COURT TIGARD OR 97223 44, ,.., ?!!, AFFIDAVIT OF MAILING CRY OFTIGARD Community (Development Shaping Better Community SD - 1 E OT 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 11 for the City of Tigan4 Washington County, Oregon and that I served the following: (7rcatate BmQs)9a►w„ NOTICE OF DECISION FOR: ,, q 7 OD /2' .,I ti/), ❑ AMENDED NOTICE (Fide No./Name Reference) City of Tigard Planning Director O NOTICE OF PUBUC HEARING FOR: t. 1 ❑ AMENDED NOTICE (File No./Name Reference) (Date d Pudic Hearing) ❑ City of Tigard Planning Director 0 • Tigard Hearings Officer O Tigard Planning Commission O Tigard City Council ❑ NOTICE OF FINAL ORDEN FOR: 1 ❑ AMENDED NOTICE (File No./Name Reference) '(Dam d Pudic Hearing) 0 City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FOR: 1 (Type/ Kind of Notice) (File No./Name Reference) (Dated Pudic Hearing, if appicabie) A copy of the PUBLIC HEARING NOTICE/N 1 E OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked MIN ": ", was • -' ed to each nam: person(s) at the address(s) shown on the attached list(s), marked E1dtlhN " the „ d -- of A_ _ � 1998, and deposited in the United States Mail on the ' 7 m. day • Al ,-,, L ,.i_1— 199 'postage prepaid. IF/ --.. / di:/_—_--1 _.' ■ 2...,,......t, - �� (Person that' ': Notice) A Subscribed and swom/affirmed before me o , � day of , 1 • / , f�'� OFFICIAL SEAL / // r`�. DI ANE M JELDERKS ` �� /L / ��`IG� N PUBLIC- OREGON i — ) ® . ' >� COMMISSION NO-. 046142 NOTARY PUBLIC OF GREG, MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission bpi 7 I • 4 CITY OF TIGARD Community Development Shaping i4 Better Community ° W-{ � N 1110 P OS L DESCRIP , ,:r; ;_ .%: ,�`£ °' �.�ii"� .e, r•�/.k .��. , vim `. ..... �• y.�r•ro, ,o,,, .i N, ,_, ,_ , 120 DAYS = 4/15/98 FILE NO(S): MINOR LAND PARTITION IMLPI 91 -0018 FILE TITLE: SLIMICK PARTITION APPLICANT: Daniel and Mary Slimick OWNER: Same 11355 SW 97th Court Tigard, OR 97223 (503) 684 -6496 REQUEST: Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9 square feet. 9836, 88 LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. CIT AREA: East CIT FACILITATOR: List Available Upon Request DECISION MAKING BQDY:, DATE COMMENTS DUE: Monday December 29,1997 X STAFF DECISION DATE OF DECISION: Thursday January 29,1997 HEARINGS OFFICER DATE OF HEARING: TIME: 1:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 1:30 PM CITY COUNCIL DATE OF HEARING: TIME: 1:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP X LANDSCAPE PLAN NARRATIVE X SITE PLAN X TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY ARBORIST REPORT OTHER STAFF CONTACT: Julia Powell Haiduk, Associate Planner (503) 639 -4171 Ext. 407 MLP 97 -0018 SLIMICK PARTITION PROPOSAL/REQUEST FOR COMMENTS r . - . • . A . . . .LAND 'PARTITION APPLICATION - �. � ' r , . 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684-7297 _ 'Y CITY OF TIGARD . GENERAL INFORMATION 6 `� PRE -APP. HELD WITH: r DATE OF PRE -APP.: _ \ Property Address/Location(s): //353 Sc) q7'Ci 7 ' 7 —3 . FOR STAFF USE ONLY - ::...:.• Tax Map & Tax Lot #(s): /5 / 35 `0 / (. : • ::_ f -• :'.!'i . -k l :;..':G . V>t , './Ig.;t.. - ii;;. f i ., 4111.alMidi4ait-. w / / ` °° Case No.(s): ` '— G_ Site Size: S Gu -e_ i)40 ? So a1 Other Case No. s):_ ',7_ ;, Property Owner /Deed Holder(s)•: �a &fel , t l �� ‘'e- C Receipt N o: Address. // 3 Ss S c� �{ 7 G� Phone: G 8y _(e I • c Appl�n AWGpt d i i :ii . 44,.: :8 :% x� • ...... ply+- :. • City: l t a v- Zip: / 2? 3 Date - ' 9 4 F11':•:: - - - • c� : :� :.r.,, ; q / �p� / c r Dat iiin = � : To - •/Complete '�� Address: / 3 S Phone: P - :t ;...�....::. Wit' v 1,i4.4:24'41 ' N < I City: Zip: Q 7 )-"�� Comp Plan/Zone Designation: . • When the owner and the applicant are different people, the applicant :::::: :::;:: _: ><::n<.;,: :,:; : <: ;;;':: CIT Area: - 1 :. :::::<::::� . : :: :: ::. :;.: ' must be the purchaser of record or a lessee in possession with written : °$:` �' "' ':` " "'� authorization from the owner or an agent of the owner with written Recording Date and Number - : `: ::..:.: `. . :* authorization. The owners) must sign this application in the space provided on the back of this form or submit a written authorization with this application. - _ re VAN t�a W rpinvnastersws,>dpart.dos PROPOSAL SUMMARY The owners of record of the subject property request permission to allow a Land Partition to: — — — — REQUIRED SUBMITTAL ELEMENTS divide - 1 3 3 into °�- (total area) . (# of parcels) containing / / 1 '1, 9 _ Q and -( 7,e y, ---C--- 1 Application Elements Submitted: (sq. ft or acres) (sq. ft or acres) p- Application Form (Zr Owner's Signature/Written Authorization (provide any additional information here) Title Transfer Instrument or Deed IQ Site/Plot Plan (# of copies based on pre-app check list) Q— Site/Plot Plan (reduced 81/2 11 ,Applicant's Statement (S of copies based on pre -app check Gist) ■ Filing Fee $780.00 1 - List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: _ . • ti APPLICANTS: To consider an appication complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application In the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject • 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. • 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. • • The applicant has read the entire contents of the application, including the polies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of gaah owner of the subject property. DATED this day of �� `A - e ,19 _ 7 er's Signature Owner's Signature r Owner's Sig ature Owner's Signature 2 • December 9, 1997 NOTES 1. Drainage: All run -off water flows north west to 97th Ave. and along drainagecovert to storm drain on Dakota Ave. 2. Water Supply: Located at the corner of Greenburg and 97th Ct. 3. Sewer Line: Runs along 97th Ave. directly in front of property. 4. Trees: The only tree to be removed from property over six inches in diameter is an apple tree in the location of proposed house. Daniel R. Slimick • BUYER•TTLEMENT STATEMENT • FILE NO. W639395 ESCROW OFFICER: LAUREL INDA BUYER: DANIEL SLIMICK MARY SLIMICK 11355 SW 97TH COURT TIGARD OR 97223 SELLER: ALICE FURBER 7510 SW 101ST BEAVERTON OR 97008 • PROPERTY: 11355 SW 97TH COURT TIGARD OREGON SETTLEMENT DATE: 11 -07 -95 PRORATION DATE: 11 -01 -95 SALE PRICE: 110,000.00 DEBIT CREDIT SALE PRICE 110,000.00 FIRST LOAN CREDIT 105,000.00 to Seller(s) DEPOSIT(S) IN ESCROW 4,370.63 EARNEST MONEY DEPOSIT 1,000.00 ESCROW FEES 225.00 to TICOR TITLE INSURANCE COMPANY TRANSFER TAX 55.00 RECORDING CONTRACT 88.00 GROSS DUE FROM BUYER 110,368.00 TOTAL PAID BY /FOR BUYER 110,370.63 CROSS DUE FROM BUYER 110,368.00 TOTAL PAID BY /FOR BUYER 110,370.63 NET TO BUYER 2.63 WE CERTIFY THAT WE HAVE DELIVERED COPIES OF THE APPLICABLE ESCROW ACCOUNT STATEMENTS TO THE ABOVE PARTIES. / • • • / �. at«\ {o‘r L SI;vk..;C\ � - Su, ? )) L c rt c%. C -3 �' �°' 6 3ti -04 Co l g1.V) 51' • ‘61%1 v■ F 0 \ \o- A jA >— N > (.n I F- " E -1 d —'i'l 14.0 0 ,C L . „ p 1 ° 5" � g o.6�' c + . 4D T -- ____.__ _ / - ., • • CITY OF TIGARD ►►., C i;y of iiggrd, Oregon PRE- APPLICATION CONFERENCE NOTES tter ty RESIDENTIAL CATE / a - a - 97 STAFF: TU 1 rq N/864/1 R APPLICANT: Dance/ J/i to AGENT: Phone:( 1 68q- 6 ' 96 Phone:1 I PROPERTY LOCATION: ADDRESS: /1355 SW 97 Q TAX MAP /TAX LOT: 15135 CA - 0/600 NECESSARY APPLICATION[S): 1 o PROPOSAL DESCRIPTION: PcrrJ- ov / / • ' n 2 fo&S COMPREHENSIVE PLAN DESIGNATION: /42 4.6 Pend ZONING DESIGNATION: R- I 2 CITIZEN INVOLVEMENT FACILITATOR: ree f, / vi'dc TEAM AREA PHONE: 15031 ✓ ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: sq. ft. Average lot width: fi ft. Maximum building height: 36 ft. Setbacks Front '• / ' .� fi` r "" 'Side / . Rear2o4 ft. Corner 2s, from street. Maximum site coverage: 80 % Minimum landscaped or natural vegetation area: 20 % [Refer to Code Section 18. l *- Often new (ode becomes e GiA yov l iw. / / /tq uc deve/ Ag o F ce sr/ (G/pox 6 Las Ands /Xs ADDITIONAL LOT DIMENSIONAL REQUIREMENTS . Se). A Orr proc.essec/ itn 4 ccordancs. wfg Cade eCreck 4i--I4 ,n Minimum lot frontage: 25 feet, unless lot is created through the Minor Land Partition process. Lots created' as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15 -foot wide access/ easement. gy' , alccefixdas e1 The depth of all Tots shall not exceed 21/2 times the average width, unless the parcel is less than 1 times the minimum lot size of the applicable zoning district. [Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre- AppIIcatlot Conference Note Pagel 01 10 i,sl /sua1 OMsbn Satin • • SPECIAL SETBACKS > Streets: feet from the centerline of > Established areas: feet from ➢ Lower intensity zones: feet, along the site's boundary. • Flag lot: Ten (10) -foot side yard setback. ➢ Zero lot line lots: minimum to ! so separation between buildings. ➢ Multi- family resi. - - ': .uilding separation: [Bete i e Section 18.96.0301 Accesso tructures up to 528 square feet in size may be permitted on Tots less than 2.5 acres in size. Five ( oot minimum setback from side and rear lot lines. essory structure up to 1000 square feet on parcels of at least 2.5 acres in size. (See applicable zoning district setbacks for primary structures) SUBDIVISION PLAT NAME RESERVATION Prior to submitting a Subdivision land use application with the City of '• - : , - • p (cant's are required to complete and file a subdivision plat naming request with the - ngton County Surveyor's Office in order to obtain approvaVreservation for any subdivis•• • - - e. Applications will not be accepted as complete until the City receives the fax- • - mation of approval from the County of the Subdivision Name Reservatio • ounty Surveyors Office: 648 -88841 FLAG LOT BUILDING HEIGHT PROVISIONS Maximum height of 1 stories or 25 feet, whichever is less in most zones; 2'/2 stories, or 35 feet in R -7, R -12, R -25 or R-40 zones provided that the standards of Code Section 18.98.030(81 are met. ' IDENTIAL DENSITY CALCULATION (See example below The le • - .• - - • - • : - - _ - -. ular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain; b. Slopes exceeding 25 %; and c. Drainageways. 2. Public right -of -way dedication. a. Single- family allocate 20% of gross acres for public facilities; and b. Multi- family allocate 15% of gross acres for public facilities. [ Refer to Code Section 18.92) l El(AMPLE OF RESIDENTIAL DENSITY CALCULATIONS: J EXAMPLE: USING A ONE ACRE SITE IN THE R -12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single - Family Multi- Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20 %) for public right - of - way 6.534 sq. ft. (15 %) for public right - of - way NET: 34,848 square feet NET: 37,026 square feet 3.050 (minimum lot area - 3.050 (minimum lot area) = 11A Units Per Acre = 12.1 Units Per Acre * The Development Code rewires that the net site area eft ter the nela whale Minn ant NO ROUNDING UP IS PERMITTED. CITY OF TIGARD Pro- ADpWretion Conference Notes Page 2 MO Seslaeatlal Apneasa/PlunIn Milli Section • • LOCKS he perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre- . existing development. When block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the . block. (Refer to Code Section 18.164.0401 RESIDENTIAL DENSITY TRANSFER The City of Tigard allows a Residential Density Transfer of up to 25% of the units that could otherwise h. - been developed on sensitive lands areas listed in the density calculations that may be a • • • to the developable portion of the site. (Refer to Code Section 18.92.0301. It is the - • - ... ican for a residential development application to provide a detailed a culation for both the permitted residential density and the requested density transfer. RESIDENTIAL DENSITY TRANSITION Regardless of the allowed housing density in a zoning district, any property within 100 feet of - • - -'gnated established area shall not be developed at a density greater than 125 • - of the maximum Comprehensive Plan designation (not zoning) of the adjacent • - - - . ransition area applies to any property which is a designated established - - . e subject property is designated as an area. T - - - - • roperty is adjoined by established /developing /areas to the north, south, east and TORE STREET PLAN AND EXTENSION OF STREE 'S> A suture stre p shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. [Refer to Code Section 18.164.0301 SIDENTIAL DEVELOPMENT SO : ; : , k RE VIRE ; I ►. • • • 'visions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% of all Tots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north -south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east -west axis. CITY OF TIGARD Pre- AlWHcaffen Conference Motes Page 3 of 10 teslaaufal *DOIIufoaRlanalaa OMslaa Sudan i • The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20 %. 2. Off -site shade sources (structures, vegetation, topography). 3. On -site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10 %. b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right -of -way. 2. Reduction in important development amenities. 3. Pre- existing shade (vegetation). PLEASE NOTE: Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: 1. The north -south lot dimension and front lot line orientation of each proposed lot. 2. Protected solar building lines and relevant building site restrictions, if applicable. 3. For the purpose of identifying trees related to exemption requests, a map showing existing trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. d. A statement declaring that they are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar- oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east -west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. CITY OF TIGARD pre- Appllcstlon Conference Notes Page 4 of 10 Eesle.nn.1 &p.DcHen/►I.n.b! Mona.. Satin . . PLEASE NOTE: Regardless of the option[sl used through the design of the Subdivision or Minor Land Partition, all one and two family, single-family residences are reviewed through the building permit process for compliance with Solar Balance Point standards. Please contact the Building Division for further information regarding the Solar Balance Point standards and the options that are available related to • building height and construction. N6 AND ACCESS 11 •a .'• • = eas and driveways must be paved. > Single family: Requires 2 off - street parking spaces per dwelling unit. ➢ Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. (Multi - family - requires 2 parking spaces per unit for 1+ bedrooms.) Multi- family dwelling units with more than 10 required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. (Refer to Code Section 18.106.030) No more than 40% of required spaces may be designated and /or dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 ft. 8 inches X 18 ft. 9 Compact parking space dimensions: 8 ft. X 15 ft. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS Bicycle racks are required for multi - family, commercial and industrial developments. - - - ac s s di be located in areas protected from automobile traffic and in co - • •: - • . • ns. Bicycle parking spaces shall be provided on the basis of one space for - _ - -n (15) required vehicular parking spaces. Minimu • - -- • - of accesses: Minimum access width: — aximum access width: Minimum pavement width: SQUI WALKWA LOCAT V�ltthin - at a ached housing (except two- family dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parking area, common open space and recreation facilities. " The C• quires that clear vision areas be maintained between three and eight feet in height at road /driveway, road /railroad, and road /road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) CITY OFT1GARD Pre- Apppcafon Conference Kota Page 5 of 10 Residential £ponc.thn/Pl...t.0 OHlsln Section • BUFFERING AND SCREENING I ' % '1 l %f ! / ` - / �, ' " ' • >; In order to increase privacy and to eithe reduce or eliminate adverse noise or visual impacts be een adjacent developments, especially between different land uses, the City requires landscaped bu • - areas along certain site perimeters. Required buffer areas are described by the Code in terms o • dth. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs a • : must also achieve a balance between vertical and horizontal plantings. Site obscuring screen • r fences may also be required; these are often advisable even if not required by the Code. Th- -quired buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additio• - information on required buffer area materials and sizes may be found in the Community Develop • - Code. (Refer to Code Chapter 18.1001 The required buffer widths which are • = cable to your proposal area are as follows: ft. along no • • oundary. ft. along east boundary. ft. - • g south boundary. ft. along west boundary. In addition t obscuring screening is required along EE' reet trees are required for all developments fronting on a public or private street as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of -way boundary. Street trees must have a minimum caliper of at least two inches when measured four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree for every seven parking spaces must be planted in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100,18.106 and 18.108) - TBEE.JEMO PALV LAN REQUIREMEN A tree pan fo the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of Tots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The tree plan shall include the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the city; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net Toss of trees; Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be mitigated according to Section 18.150.070.D; CRY OF T16ARD Pre- ADDllicanon Conference Notes Page 6 of 10 Resldeetlel *Dtllwlou/NuWO DMsloa SUIIoa • • Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; ➢ Identification of all trees which are proposed to be removed; and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. [Refer to Code Section 18.150.0251 GADO Replacement of a tree shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: ➢ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. • The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. [Refer to Code Section 18.150.010 [Dl SIGNS Sign permits must be obtained prior to installation of any sign in • _ _' • • ar• . A "Guidelines for Sign Permits" handout is available u • o - • _ • •' '. - sign area or height beyond Code standards may be permitted. if • - -'• • - oposal is reviewed as part of a development review application. Alternatively, a Sign C • • - xception application may be filed for review before the Hearings Officer. SENSITIVE [ANDS The Code provides regulations for lands which are potentially unsuitable for development due to areas within the 100 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre - application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land are - s and heir • oundaries i he res • • sibili i of e - • • lican . Areas ee in • th- d-finitions •f sensitive lands must be clearly indicated on plans submitted with the development application. [Refer to Code Chapter 18.841 CITY OF TIGARD Pre- Appllcallon Conference Notes Page 1 of 10 Isslennsl Ippllatlon/Flnilal IMsln Section • • CODE SECTIONS 18.80 ✓ 18.92 18.100 / 18.108 _ 18.120 ,/ _ 18.84 _ 18.96 V 18.102 18.114 18.130 _ 18.160 18.88 _ 18.98 ✓ 18.106 _ 18.116 _ 18.134 f 18.162 �/- 18.164 IMPACT STUDY part of the application submittal requirements, applicants are required to includ impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. [Refer to Code Chapter 18.32 Section .0501 When a condition of approval requires transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. [Refer to Code Chapter 18.32 Section .2501 NEIGHBORHOOD MEETING The applicant shall notify all property owners within 250 feet and • - - • • - : - - aci stator of their proposal. A minimum • • - - • - - - - mai ing • ate and the meeting date is required. Please review the - • • o se Notification handout concerning site posting and the meeting notice. efer to the Neighborhood Meeting Handout) _ - • •uilding and other related permits will not be accepted for review until a land use approval has been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. RECYCLING Applicant should contact franchise hauler for review and approval of site serv' ' • - • patibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Prid- ' .:: • - • 3) 625 -6177. [Refer to Code Sectio ADDRIONAL CONCERNS OR COMMENTS: /lee d6 s�{'c,,., ' CITY OF TIGARD Pre- AD011cat.n Conference Notes Page 9 MO [esI0entlel SDDtleetloIRlnelUD 9Meln Seetlen • PROCEDURE A Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1) 81/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public ppeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard 09nnl..1. . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide Information required by the Code shall not constitute a waiver of the applicable standards or requirements. 11 Is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of en staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) is /are required if an application(s) is /are to be submitted more than six (6) months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: % FTIGARD NINE DIVISION PRONE [503) 639 -4171 FAR [5031684-7297 h:Uogin\pattylpreapp•r.mst (Engineering section: preapp.eng) 26- Mar -97 CITY Of TICABD Pre - Application conference Notes Page 10 of 10 Residential ApppwtlonRleunlfg OMtlon Section • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT 1.. APPLICATION CHECKLIST ��'�! CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. Staff: LJZ/fr... Date: I APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE d MARKED ITEMS l) A) Application form (1 copy) tzt B) Owner's signature/written authorization C) Title transfer instrument/or grant deed et' D) Applicant's statement No. of Copies /)? E) Filing Fee $ £L fd< 0614. SITE- SPECIFIC MAP(S) /PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS A) Site Information showing: No. of Copies /F 1. Vicinity map 2. Site size & dimensions o� 3. Contour lines (2 ft at 0 -10% or 5 ft for grades > 10 %) e� 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level 8. Location of existing structures and their uses er" 9. Location and type of on and off-site noise sources ❑ 10. Location of existing utilities and easements e� 11. Location of existing dedicated right -of -ways Ia/ LAND USE APPLICATION J LIST PAGE 1 OF 5 • B) Site Development 14n Indicating: • No. of Copies 1. The proposed site and surrounding properties ❑ 2. Contour line intervals ❑ 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and • easements on the site and on adjoining properties ❑ (b) Proposed streets or other public ways & easements on the site ❑ (c) Alternative routes of dead end or proposed stre- - that require future extension ❑ 4. The location and dimension of: (a) Entrances and exits on the site ❑ (b) Parking and circulation areas ❑ (c) Loading and services area ❑ (d) Pedestrian and bicycle circulatio ❑ (e) Outdoor common areas ❑ • (f) Above ground utilities ❑ 5. The location, dimensions & se •ack distances of all: (a) Existing permanent str ctures, improvements, utilities, and easements which ar located on the site and on adjacent property within feet of the site ❑ (b) Proposed stru ures, improvements, utilities and easements on the site ❑ 6. Storm drains facilities and analysis of downstream conditions ❑ 7. Sanitary se er facilities ❑ 8. The loc on areas to be landscaped ❑ 9. The I cation and type of outdoor lighting considering crime pr ention techniques ❑ 10. a location of mailboxes - ❑ 11 The location of all structures and their orientation ❑ 12. Existing or proposed sewer reimbursement agreements ❑ C) Grading Plan Indicating: No. of Copies / ' The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines (b) Slope ratios (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development ❑ 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals ❑ (c) That all problems will be mitigated and how they will be mitigated ❑ LAND USE APPLICATION UST PAGE 2 OF 5 D) Architectural Dramdigs Indicating: *No. of Copies The site developmplan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on -site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: o. of Copies The landscape plan shall be drawn at the same scale • e site analysis plan or a larger scale if necessary and shal 'ndicate: 1. Description of the irrigation system wh- e applicable ❑ 2. Location and height of fences, buff- - and screenings ❑ 3. Location of terraces, decks, shel - s, play areas, and common open spaces ❑ 4. Location, type, size and spec of existing and proposed plant materials ❑ 5. Landscape narrative whic :Iso addresses: (a) Soil conditions ❑ (b) Erosion contr. measures that will be used ❑ F) Sign Drawings: ❑ Sign drawings = all be submitted in accordance with Chapter 18.114 of the Co.,- as part of the Site Development Review or prior to obtaining a Buil.' g Permit to construct a sign. G Traffic Generation Estimate: ❑ H) Preliminary Partition /Lot Line Adjustment Map Indicating: No. of Copies /$ 1. The owner of the subject parcel ems 2. The owner's authorized agent 3. The map scale (20,50,100 or 200 feet -1) inch north arrow and date 4. Description of parcel location and boundaries LaY 5. Location, width and names of streets, easements and other public ways within and adjacent to the parcel 6. Location of all permanent buildings on and within 25 feet of all property lines 7. Location and width of all water courses e� 8. Location of any trees within 6" or greater caliper at 4 feet above ground level 9. All slopes greater than 25% / 10. Location of existing utilities and utility easements r� 11. For major land partition which creates a public street: (a) The proposed right -of -way location and width v� (b) A scaled cross - section of the proposed street plus any reserve strip o 12. Any applicable deed restrictions 13. Evidence that land partition will not preclude efficient future land division where applicable e� LAND USE APPLICATION V UST PAGE 3 OF 5 I) Subdivision Prelimier Plat Map and Data Indicating: Jo. of Copies 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of the subdivision •. • 3. Vicinity map showing property's relationship to arterial and collector streets ❑ 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un- subdivided land ❑ 8. Contour lines related to a City- established benchmark at 2 -fo intervals for 0 -10% grades greater than 10% ❑ 9. The purpose, location, type and size of all the following ( ithin and adjacent to the proposed subdivision): (a) Public and private right -of -ways and easements ❑ (b) Public and private sanitary and storm sewer line: ❑ (c) Domestic water mains including fire hydrants ❑ (d) Major power telephone transmission lines (51,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, •athways and other land encumbrances ❑ 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ 11. Plan of the proposed water distribution s . tem, showing pipe sizes and the location of valves and fire hydrants ❑ 12. Approximate centerline profiles showi g the finished grade of all streets including street extensions for a rea enable distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of propos .J street right -of- way(s) ❑ 14. The location of all areas subje- to inundation or storm water overflow ❑ 15. Location, width & direction •f flow of all water courses & drainage -ways ❑ 16. The proposed lot configur. ions, approximate lot dimensions and lot numbers. Where lot- are to be used for purposes other than residential, it shall be ' dicated upon such Tots. ❑ 17. The location of all tr °es with a diameter 6 inches or greater measured at 4 feet above groun• level, and the location of proposed tree plantings ❑ 18. The existing uses .f the property, including the location of all structures and the present ses of the structures, and a statement of which structures are to remain after platting ❑ 19. Supplement. information including: (a) Prop. ed deed restrictions (if any) ❑ (b) Pro, of property ownership ❑ (c) A .roposed plan for provision of subdivision improvements ❑ 20. Existin: natural features including rock outcroppings, wetlands & marsh areas ❑ 21. If a of the foregoing information cannot practicably be shown on the pr iminary plat, it shall be incorporated into a narrative and submitted ith the application ❑ LAND USE APPLICATION / UST PAGE 4 OF 5 • • J) Solar Access Calculations: 0 • IQ Other Information No. of Copies a h:Vogin\patty\mastersUtidist.mst May 23, 1995 LAND USE APPLICATION./ LIST PAGE 5 OF 5 • \ (ocso A AviplifN :.Cit I of Tigard, Oregon PRE - APPLICATION CONFERENCE NOTES ENGINEERING S.ECTION'`: PUBLIC FACILITIES The purpose of the pre - application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right -of -way dedication for: (• ) to — feet from centerline. ( feet fro m- cierline. () to feet from centerline. Street improvements: ( ) street improvements • •e necessa along ( ) street impr• -ments will be necessary along ( ) Street improveme • on shall include feet of pave ent from centerline, plus he installation of curb and gutters, storm se rs, underground acement of utility wires (a fee may be collected if determined appropriate by e Engineer g Department), a five -foot wide sidewalk (sidewalks may be required to be wider on • s or major collector CITY OF TIGARD Pre - Application Conference Notes Page 1 of 5 Engineering Department Section streets, or in the C.! Business District), necessary she signs and traffic control devices, streetligh , and a two year streetlighting fee. ( ) Street improv- '•ents on shall include feet - pavement from centerline, plus the • i stallation of curb and gutters, storm sewers, un. round placement of utility wires (a fee may b- ollected if determined appropriate by • - ngineering Department), a five -foot wide sidewalk (side ' : s may be required to be • • er on arterials or major collector streets, or in the Central Business 1 • t), necessary s - -et signs and traffic control devices, streetlights, and a two year streetlighting fee. ( ) Sectbn 18.164.120 of the TMC requires all overhead utility lines - e • -cent to a development to be placed underground or, at the election of the developer : fee in -lieu of undergrounding can be pid. This requirement is valid even if the utility li r -s are on the opposite side of the street from the site. If the fee in -lieu is proposed, it is -qual to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing o : rhead utility lines w run adjacent to this site along SW . Prior to , the applicant shall either place these utilities underground, or pay - - - lieu described above. In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Pedestrianways /bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located iA ADJAc. -..sr P ur cE . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to -ro - CITY OF TIGARD Pre-Application Conference Notes Page 2 of 5 Engineering Department Section Water Supply: • • }„C The t�o21 Water District - Phone:(503) (1 .1,4 1 - provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526 -2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a subbasin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. A downstream analysis will also likely be necessary to determine if runoff from the proposed development will cause adverse impacts to the existing storm system downstream of the site. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. A A-cc.€ S JtA A PTh ✓re I?fttVG- .41 tl►.iDER - 6( — aw� vc t �c, = �S( ur I PL. u.4H.u1 Dk!rr. WILL— (I ¢Ntt,. fbinl mAl ,CCs - rte. PR-VArt WivbAa f. 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 requires the construction of on -site water quality facilities. The facilities shall be designed to remove CITY OF TIGARD Pre - Application Conference Notes Page 3 of 5 Engineering Department Section 65 percent of the phosph. contained in 100 percent of therm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be -: Preliminary sizing calculations for any proposed water quality facility shall be submitted with t e development application. It is anticipated that this project will require: =' 4 Zlo -OD ( ) Construction of an on -site water quality facility. (vr Payment of the fee in -lieu. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant 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 fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. PERMITS Engineering Department Permits: Any work within a public right -of -way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: e Street Opening Permit (SOP). This permit covers relatively minor work in a public right -of -way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer /Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. CITY OF TIGARD Pre - Application Conference Page 4 of 5 Engineering Department Section • • • NOTE: If an Engineering Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Department. Building Department Permits: The following is a brief overview of the type of permits issued by the Building Department. For a more detailed explanation of these permits, contact the Development Services Counter at 639 -4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi - family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi - family buildings. It covers all work necessary for building construction, including sub - trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which Tots have natural slopes between 10% and 20 %, as well as lots that have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. fr, M (Z1Z-k7 PREPARED BY: r ENGINEERING DEPA' Phone: (503) 639 -4171 Fax: (503) 684 -7297 h:Voginlpattykpreapp.eng (Master section: preapp - r.mst) December 23. 1996 CITY OF TIGARD Pre - Application ConferenceNotes Page 5 of 5 Engineering Department Section • . • • ' . . • . .. ' . . a ', . . ., • . .. • :: . . • . • • . : . . • • • . . ' .... A • , • . ' • " • • . A .. ' 4 ; .. e. . . .. . . .. . . . • • . . . • • . . . , . . . . • • • , . . • • . . . • • • . • . , . . . . ... ; . . . ..a r • .. . . . • • . . • . . . . . . • . . , . .. . . • • • • • • • . . . . • ... :, . . .. . • . .. • . . : . . .. . ,•• ., . • • • . •• . ••. • • . ,• • • . , • . '• A \ , 34..., , , t...?". T. .; • , ... 4 .. "s, ,,•• ..%. \ `. , X. x....z . ,. :.• ::. 'k. ,. , •,...'ia. :w •• !'" " ., "'• " •''' y. "* k '' h " •'• • " ' ....',": ..", •''' :'" ' x. 'a . 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BOX 370 PHONE (503) 684 -0360 Notice TT 9 0 51 I BEAVERTON, OREGON 97075 Legal Notice Advertising ! 'City of Tigard • ❑ Tearsheet Notice "._,;r: 13125 SW Hall Blvd. 'Tigard, Oregon 97223 • ❑ Duplicate Affidavit ' 'Accounts Payable • The following red by the Tigar Plan will be Considered by Commissi . on Monday, March 16, 1998, at 7:30 P.M.. at the Tigard Civic Cente• Town Hall, 13125 SW Hall Boulevard, Tigard; Both o and written testimony is invited. The public hearing on this matter will conducted in accordance with the rules of Chapter 18.32 of the Tig: Municipal Code, and rules and procedures ofthe Planning Commissii AFFIDAVIT OF PUBLICATION :Failure to raise an issue in person or by letteit some point prior to STATE OF OREGON, ) : close of the hearing accompanied by statements or evidence sufficient COUNTY OF WASHINGTON, )ss• allow the hearings authority and all the parties,to respond on the requt. precludes.an appeal; and failure to specify the.criterion - m fro the Co I, Kathy Snyder _munity Development Comprehensive' lan at =which acommen being first duly sworn, depose and say that I am the Advertising " directed precludes an�appeal'based.on thatetittrion: Fiiiith'er_infoi tali Director, or his principal clerk, of theTigard- Tualatin Time .may be obtained•fromthe Planning Division a`t'13125SW Hall Blv a newspaper. of general circulation as defined in ORS 193.010 , Tigard, Oregon 97223,-or by calling 639- 4171 - = and 193.020: published at Tigard in the • PUBLIC HEARING ITEM: :''''i ': _eft ; � . p` aforesaid county and state; that the - • ''• "MINOR LAND PARTITION [MLP]`97- 0018'' `'r . MLP97 -0018 Slimick Appeal -. - x >APPEAL OFSLIMICK•LAND: ARTITION <c a printed copy of which is hereto annexed, was published in the `On Janu Director issueirk ision ".to'"appprole iiibj . • to conchtions,.request fo ._Minor Land Part - on to:divide entire issue of said newspaper for (�NF: successive and _ 21,77133 square' feet. into two.(2) lots`of 11.93 :45 9,76455 squ consecutive in the following issues: feet. On February J1,4998, an appeal was 'filed against the;apppro based on the following two (2) issues:- 1.).The existting:width of March 5 , 19 98 private street is 20 feet; the code requires -a 25- foot -tvide acc width; and 2.) An_emergency fire" access turn around was :not requireu part of this partition..The appellant states that `.`the:currenitise of SW 9 .. _Coiutis•not in.eompliance_with the.developinent "and adding anot q • lot at 'the end;ofthis`.natitiii priva'tec ccess:without;proyiding for a K,'U:(_ - /t.i ;(1..1_, �" : truck turn- a_roiind"is not in,the.best interest:of safety: The -width requ: t me`nt of an access drive erving 3 =6 lots should be '25 feet like a \J ' says: The fire.truck turn- around should b _ e•required_tagelp:bring an un: Subscribed and sworn to efore me this5th day of March ,1 situation into compliance with - code rules ana:goals:' LOCATIC 44,44.--p-) 11355 SW 97th Court;. WCTM-1S 135CA; Tax:ot 01600. ;ZO1' _ Residential -12 Units` Pei"Acre;•R- 12.The-purpose`=of the-R•12 zoning c Iittary Public for Oregon trict is t 0.provide:for`_siugle = family attached andmulti_ple= family fesid dal units formedium density residentiaidevelopmentsi APPLICAB My Commission Expires: REVIEW . CRITERIA Community Development Code "Chapters 18 and 18.108?" 3 - ` _ - i�•.. -0�, - a a: 4 _ __� : - ..= , a AFFIDAVIT _ t� • rF� ► -� .tr � , V ®q � 1/1� 111112111 - V . 1, - . K e P m b�• ® r' - `` "� __., fie ®: 1151 ' : ... , AAA a i . N lini Rim ii ...... il°1RF p - 111111® D: - ==Y -- - um • R': ly - Z A_? 1 _ NM 11 ; al p �% , r •rent 1 ''-v..1.1:chliutar h'S •1QQR•.'- • �. _- - 4' , `. :* -• II 411/ 411+ AFFIDAVIT OF MAILING o TIGARD Community Development Shaping A Better Community SIMIE OF OREGON ) County of Washington ) ss. City of ?`ward ) , Susan M. Weber, being first duly sworn /affirm, on oath depose and say that I am an Administrative Specialist /for the City of ?ward,, Washington County, Oregon and that I served the following: (Check Appropriate Box(s) Below) NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) City of Tigard Planning Director ✓ NOTICE OF PUBLIC HEARING FOR: Ml_P -0©Ia /11PEA &F SL IMlic.Z 3 - its) .98 AMENDED NOTICE (File No/Name Reference) LAM P FA 1 SON (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer ✓Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER FOR: 02 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director • Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FOR: G-2 1 (rype/IGnd of Notice) (File No./Name Reference) Date of Public Hearing, aam9, it applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER /OTHER NOTICEISI of which is attached, marked Exhibit "A ", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", on the 2-4 day of �.brt.tanJ 1998, and deposited in the United States Mail on the 2- day of retrlAnigi . 1998, postage prepaid. % /aal , . lN -eA. (Person that Prepared Notice) Subscribed and swom/affirrned before me on the 07 day of ` -7,9- \_ , 197 r f'�.,, OFFICIAL SEAL / i • .:F. DIANE M JELDERKS -110 NOTARY PUBLIC- OREGON • COMMISSION NO. 046142 NOTARY PUBLIC OF 1 ' ■ N • MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission 0 • s: 7 /�� • • EXHIBIT A , Z 4 .) 1 /1 1' . CITY OF TIGARD Community Development Shaping A Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY MARCH 16, 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: MINOR LAND PARTITION [MLPI 91 -0018 FILE TITLE: APPEAL OF SLIMICK LAND PARTITION APPLICANT: Daniel and Mary Slimick OWNER: Same 11355 SW 97th Court Tigard, OR 97223 (503) 684 -6496 REQUEST: On January 29, 1998, the Director issued a Decision to approve, subject to conditions, a request for a Minor Land Partition to divide one (1) lot of 21,771.33 square feet into two (2) Tots of 11,934.45 and 9,764.55 square feet. On February 11, 1998, an appeal was filed against the approval based on the following two (2) issues: 1. The existing width of the private street is 20 feet, whereas, the code requires a 25- foot -wide access width; and 2. An emergency fire access turn - around was not required as part of this partition. The appellant states that "the current use of SW 97th Court is not in compliance with the development code and adding another lot at the end of this narrow private access without providing for a fire truck turn - around is not in the best interest of safety. The width requirement of an access drive serving 3 -6 Tots should be 25 feet like the code says. The fire truck turn - around should be required to help bring an unsafe situation into compliance with code rules and goals." LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 Units Per Acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32 and 18.108. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. MLP 97 -0018 APPEAL OF SLIMICK LAND PARTITION NOTICE OF 3/16/98 P.C. PUBLIC HEARING ANYONE WISHING TO PRESENT WRI1 N TESTIMONY ON THIS PROPOSED ACTfON MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER FEBRUARY 24, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. Iral Ellinkb MHO. 1 Sow mom II 1111 IIIII ilia .11111. iii"M 1111.■ ■III ral s.-:ms 1 op iii: . 1 10. > m il.1 . ea 1.1 i r -•- -■_ . i " � 111 � _ ,; ink sw m aillMil. V MI INWIV MI c . T � :�: ■nib r. • MLP 97 -0018 APPEAL OF SLIMICK LAND PARTITION NOTICE OF 3/16/98 P.C. PUBLIC HEARING 1 17E - 1 / % (LA �r _/ r EXHIBIT B • • 1 S 135CA -03700 1 S135CA -01900 AASVE, SANDRA J AND DAVID J CARROLL, SONDRA 4829 SE 10TH TER PO BOX 231025 GRESHAM,OR 97080 TIGARD,OR 97281 1 S 135CA -02400 1 S135CA -01700 DAVIS, MARGARET M TRUSTEE DAVIS, STEVE & BARBARA 11470 SW GREENBURG RD 11300 SW 97TH CT TIGARD,OR 97223 TIGARD,OR 97223 1 S 135C0 -09000 1 S135CA -01500 DRENNAN, DAVID A & JOAN & JOHN EGGERT, JULIA L PO BOX 23603 5322 NE PORT LANE TIGARD,OR 97281 OT1S,OR 97367 1 S 135CA -01600 1 S135CA -01702 FURBER, ALICE HOLDEN, DONN do SLIMICK, DANIEL & MARY 5458 S RAY 11355 SW 97TH CT ERTON,OR 97005 TIGARD,OR 97223 1 S 135CA -01704 1 S 135CA -01703 HOLDEN, DONNA M HOLDEN, DONN 5458 SW MURRAY 5458 SW RAY BEAVERTON,OR 97005 B RTON,OR 97005 1 S 135CA -02302 1 S135CA -02300 JANIS YOUTH PROGRAMS, INC JANIS YOUTH PROGRAMS, INC 738 NE DAVIS 738 NE DAVIS PORTLAND,OR 97332 PORTLAND,OR 97232 1S135CA -01800 1S135CA -01901 JAUCH, ROGER P JOHANSEN, MICHELLE JAUCH, BRENT H 9640 SW NORTH DAKOTA 10648 SW 41ST AVENUE TIGARD,OR 97223 PORTLAND,OR 97219 1 S135CA -01902 1S135CD -00300 KOCIEMBA, DIANE E LEWIS, GARY M/PATTY K PO BOX 231021 3975 SW 97TH AVE TIGARD,OR 97223 PORTLAND,OR 97225 1S135CD -00500 1S135CD -00600 MAHAR, MARYLOU REED, KATHLEEN M 16200 SW PACIFIC HWY #129 11435 SW GREENBURG RD TIGARD,OR 97223 TIGARD,OR 97223 l - Lzl / t c:c:i6 (-! /y✓lc /''ri/ / / /L// (/9 of o7 4') 1 S 135CA -01403 1 S135CD-08800 ROBERTS, RANDOLPH JOANN SATTERLUND, SCOTT C & CYNTHIA 11430 SW GREENBURG PO BOX 230269 TIGARD,OR 97223 TIGARD,OR 97281 1S135CA -01300 1S135CA -03900 TABS, JAMES R TOMPKINS, PAMELA JEAN 11400 SW GREENBURG RD 11343 SW 95TH AVE TIGARD,OR 97223 TIGARD,OR 97223 1 S 135CD-00700 1 S 135CA -01401 TORLAND, DORIS WASHINGTON COUNTY 11425 SW GREENBRUG RD FACILITIES MGMT -ADMIN TIGARD,OR 97223 111 SE WASHINGTON ST HILLSBORO,OR 97123 1S135CA-01402 1 S135CA -01400 WONG, NORMAN K F AND ANN M WONG, NORMAN ANN M 2433 NE 11TH 2433 N PORTLAND,OR 97212 ND,OR 97212 DANIEL & MARY SLIMICK 11355 SW 97TH COURT TIGARD OR 97223 i a I y • 8i.6o' e1ci E ise i i "11 CV Ai 1 crl mig 5 ,1 , Dal = 4 -+ ENISINIGHOUSE F /0" --j Fs tf10551 PE 1 CO ii ' 4! .' a* . a : 111; F $.W. win e. 4 ' GO' i , y y 11 a y I CITY OF TIGARD PLANNING DIVISION 1 a 1 N H Ci` . 1 I E ...,„ i 1 I I armil MIMI nil Zs MS L 2c 4 I ESFST4N6� NOJSE E- /pi A `A [11Q551 . . g f-,5-/H 1 CD %I3s 5 M a CD I el r I i ►, _ vt.co' 1 9l' I i on ao F $W. Milli. 4 / g °. G °' 40, 4 -4 if y i ,..< T CITY OP TIGARD PLANNING DIVISION A 1g • • - III #.! . illi...■.. ,, r A roi 114■ „Ark G NB RQ lip 1 ell MI IA:. giliki 11 4■ L A i 4:411 ,_ ;___ asimi iiiiiiiiiimift. = _ 4 L 41 mumwmmip.I z GE) I I I NM 111 _ II ' r W. ! HC rWIY /TEY�IVIWAY1 z ' r 1111 I. 4 1 71 FT _ Fr I 2 I I I r 95T 1111011 L II . 1 AV n C 94TH I 41111111.1" D r . ' ,MII _ ■,", ikvI Rp•w 1 • AVE Ili LaillitiPill I I I I i t i t City of Tigard Planning Department i, ,.sue.~ ot t F S.W. 97TH CT. + Z z` °' 0 Vo Wig, 5 5 I PROPOSED PARTITION LINE I 0 ... /- . ' . o Z Z co a 4 T a M ia - t c 0 CO LC O O. �— y LL 0 T 4 >.- H � s' � i J . U s CASE NOM 8 CASE NAMEISI: 3 • SITE PLAN MLP - 97 0018 EXHIBIT MAP N SLIMICK PARTITION 1 . aIAPIS NOT TOSgAID • • ■ • VE SHADY LN alljOIV J J , t v IF., .i�-: n $ = _ __i: ■■ ST NORTH win I . 1!!! 1.11 1 11 ma-.- , DAKOTA Q =W . ., _ , f _ 0 ., 1 1 1 w 2 511 _ a_ GRE' - ilk ,A,, ' * ai L Tivir:1-1 - X 11 � I L V1iIS LN , .2' -- 1 1 l vim= is 4 6 ' - LN up A Il1� 11 11 . 3 1 :!,11: (� 11111111k. N 4, F ' L I Vicinity Map N MLP 91 -0018 O VINIIITTSSCALD A Slimick Partition • COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 694-0360 Notice TT 9020 BEAVERTON, OREGON 97075 Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard, Oregon 97223 • ❑ Duplicate Affidavit - - - MINOR LAND PARTITION [MLP] 97 -0018 •Accounts Payable • > SLIMICK PARTITION < A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 ,:nd 9,836.88 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S 135CA, Tax Lot 01600. ZONE: Residential, 12 Units Per Acre; R -12. The purpose of the AFFIDAVIT OF PUBLICATION R -12 zoning district is to provide for single - family attached and multiple - STATE OF OREGON, ) family residential units for medium density residental developments. AP- COUNTY OF WASHINGTON, ) ' ss. PLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. 1 Kathy Snyder_ _.. _ _ being first duly sworn, depose and say that I am the Advertising • - Director, or his principal clerk, of theT_ arcl T »alatin Times ` al J b a newspaper of general circulation as defined in ORS 193.010 Pr_till I_ and 193.020; published at Ti garri in the Me aforesaid county and state; that the Mil Slimick Part ti on v _ �`_ a printed copy of which is hereto annexed, was published in the _ entire issue of said newspaper for ONE successive and � �� l .tE consecutive in the following issues: t 1111 lail SI Irvog�� • 11121 7,,•• ■■ January 29,1998 � J -� : - V ' 1 4 ‘, ,,,g4 11 I. I 1�-■. ■ ' 1 6 , `rte � � • ■ 1 9th da of January . IVt. ,, 1��■ Subscribed and sworn t e re me thi y Y g 1 ' O . ■ /iiiI I • Nota for Oregon .17■1116. NI IL IMMIIIII imwmPrip 11 1 My Commission Expires: ""1"1. ■aft. AFFIDAVIT 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 Tuesday, February 10, 1998. 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 ap- peal may be filed within 10 days after notice is given and sent. The dead- line for filing of an appeal is 3:30 P.M., Tuesday, February 10, 1998. 1T9020 — Publish January 29, 1998. • • 1110 • • COMMUNITY NEWSPAPERS, INC. Legal TT 9020 P.O. BOX 370 PHONE (503 d A!er o, �- - -• • __Notice uopletS'9 u o eADe9 179 s,NDIAI '4S l9 eu yunoS '7 BEAVERTON, OREGON 97075 9 9 }esunS 'L9 OWN uosue9 '£ I £7 Nn4UeO '99 wiser £0l Mo1109 'Z Legal Notice Advertising 9£ e00.ue15 'L9 nneinise A 911 (£1) IIIyDJnyO '1 L£ ologsl!!H 'L9 Po ell 0£1 (sea}oA eoold - 1) Ioo43S ;stlnsw. £Z'uor'Aoppi, . .• Sld .. (LZ'uorIo>I6eMlaJ) *City o f Tigard a rd • ❑ Tearshee i Dyo Il od se4D000 V7 ssol0 g , 017,1' Ot 1. 6 " ' d l 9 ' 6 Z Alnlue0 1312 5 SW Hall Blvd. esuns oyolV 'slellDyO 4 •Tigard,Oregon 97223 • 0 Duplicate 6 £l £ 6 Z ologslllH 9Zt OOl 9 p1 o6l1'le4oylep eoDUeIe 9•Zl ZOl 8 esuns's01!Auo4InS 9 01 L 9 9 p1DB11 9'91 601 9 ; • 7 8 6 7 L Uo4lenoeg £ • 7 t pit l 9 lowly 11.1111.10j1 =NW •Accounts Payable 7 9 Z1 7 L eoouels 'uosuyor w ll Y S,AIDIAI '!S £ VII 9 P lewwoploS /kiln 7 91 1 9 'Ae!A4SeM 9.71 911 9 loell ' L 1 91 1 01 Unsay 8 91 l 9 uopenoe9 woo uoPlor — L 9l O l l l 5Z l 9 Me!n}se/�A Plous� 1•9 6Z l 9 Nn{ue0 M u eg e>IlW uosoes enBoel 9'L l 171 9 llnser 'oelund leoyolW AFFIDAVIT OF PUBLICATION ssuipurns q•q BAy sy STATE OF OREGON, ) 3f19V3102113 (quo sewo6 enBoel) CZ •uor io sewo6 yBno141 COUNTY OF WASHINGTON, ) moos O1 do1 enBoel wow • I Kathy Snyder TIVE113)ISV9 S1a19 •.u•do£:L'eoouels .to vesuns •urd 0£:L 'Di-101V to 1310 ..: � � ��° w'd 0£ / unlue0 lD Anse(' being first duly sworn, depose and say that I am the Advertising e � . . , ' ' %, , '010C1 S11114 }D me se Director, or his principal clerk, of th arcL— .Tualat T imes �� .� '� e P P --� ..,� :sewn £ 'Qed Aopse� 00Uel9 a newspaper of general circulation as defined in ORS 193.010 , : . ` . w d o£:L 'uo+18A o t and 193.020; published at � ?� a•.r - : r` . `u d 0£ y 4 u s P Ti T i c3a r in the 4 -..., ` . ' ul d 0£: �I f D elnl I M aforesaid county and state; that the �� `, ` * i • A D , g I Slimick Partition ' �` =•�� . . .• ; . .. :sewo6 r luau a printed copy of which is hereto annexed, was published in the . V 0 » ` ,. ` � "' `.. 99 7l I t a N , y 6S - 61 7l 11 91 entire issue of said newspaper for ONE successive and - - - - -- — — consecutive in the following issues: January 29,1998 - n ,, , ig„.46....ctivv., Ili Subscribed and sworn t e •re me this day of January, 1998 /* ». ' — MON. - SEAL L7lY` C� . 44 y r ) :l= '` ROBIN A. BURGESS I. 7 1 Nota for Oregon i NOTARY PUBLIC - OREGON N, 's COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT - • • REQUEST FOR COMMENTS C. OFTIGARD Community Development Shaping si Better Community DATE December 19,1991 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk, Associate Planner Pbooe: (5031639 -4111 fax: (5031684-7297 RE MINOR LAND PARTITION [MLR 97 -0018 SLIMICK PARTITION < A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicants 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 - DECEMBER 29, 19971 You may use the space provided below or attach a separate letter to return your comments. If Yon are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: v (Please provide the following information) Name of Persons) Commenting: Phone NumberisJ: MLP 97-0018 SLIMICK PARTITION PROPOSAL/REQUEST FOR COMMENTS • REQUEST FOR COMMENTS • • NOTIFICATION UST FOR LAND OSE s OFIIROPMENTAPPUCATIONS :cm. (m way.'-. , . _ . . MIENINYOLVEMBILJEAMS. ; • : m e lu nr ::rur nierr i - ' " - FILE NOISl_ ,*U. P 97- 0ai8 FILE NAMEISI: , r %:19g/k. 0 ,rr1 -ov, 1. ` «.. - , i Ct'F1t OFFICES; ::;::F „vr., 7.:4 ' _ _ _ ADVANCED PLANNING/Nadine Smith, Pt.,.anase COMMUNITY DVLPMNT. DEPTJwpeet. sKe renneniene X POUCE DEPTJJim Wolf, Cris. Prwvmkn OEWr BUILDING DIVJDavid Scott, &slaaoomd t = ENGINEERING DEPT./Brian Rager, Nom. Rohs. E rr .5 WATER DEPTJMichael Miller, dos's:Sons Lun _ CITY ADMINISTRATION/Cathy Wheatley, at y R.swa. OPERATIONS �D�E�PT�JJJ0hnn�Roy, en we. OTHER _ • .. '• i t, « - s T � .,r y , : '°' '''''4 �s 'g ' 4'-4 ' SPECIRDlSTW "4 ”. :""4.'''''. Ir '. 's4''- ' �i. ". ' . . -I _ TUALATIN VALLEY FIRE & RESCUE X TUALATIN VALLEY WATER DISTRICT _ UNIFIED SEWERAGE AGENCY Fire Marshall Administrative Office Julia Huffman/SWM Program Washington County Fire District PO Box 745 155 N. First Street (place In plck -up box) Beaverton, OR 97075 Hillsboro, OR 97124 ` ' r : r y 0 " : • LOCALAIID TAi IUBI$OI ilObS #n. ` ' i ; r A; ` CITY OF BEAVERTON . _ CITY OF TUALATIN _ OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS PO Box 4755 Planning Director 2501 SW First Avenue 775 Summer Street, NE Beaverton, OR 97076 PO Box 369 PO Box 59 Salem, OR 97310 -1337 Tualatin, OR 97062 Portland, OR 97207 _ Larry Conrad, senior manner _ OR. PUB. UTILITIES COMM. _ Mike Matteucci, n.ttatw cacao METRO _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem, OR 97310 -1380 _ CITY OF DURHAM Portland, OR 97232 -2736 Portland, OR 97232 City Manager US ARMY CORPS. OF ENG. PO Box 23483 Paulette Allen, amen A4artagemert Coordhsvor _ OR. DEPT. OF LAND CONSERV.& DVLP _ 333 SW First Avenue Durham, OR 97281 -3483 _ Mel Huie, ( ireartspaoee Coordinator (CPA's/MA 1175 Court Street, NE PO Box 2946 Salem, OR 97310-0590 Portland, OR 97208 -2946 _CITY OF KING CITY _ METRO AREA BOUNDARY COMMISSION City Manager 800 NE Oregon Street _ OREGON DEPT. OF TRANS. (ODOT) WASHINGTON COUNTY 15300 SW 116th Avenue Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans. King City, OR 97224 Portland, OR 97232 -2109 Attn: Tom Highland, Pterdn0 155 N. First Avenue 3040 25th Street, SE Suite 350, MS 13 _ CITY OF LAKE OSWEGO _ OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 Planning Director Bonneville Power Administration PO Box 369 • PO Box 3621 _ ODOT, REGION 1 _ Brent Curtis (CPA's) Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera Sonya Kazen, D.pm. R«. Coors _ Scott King (CPA's) Portland, OR 97208 -3621 123 NW Flanders _ Mike Borreson (Engineer) _ CITY OF PORTLAND Portland, OR 97209 -4037 _ Jim Tice (I GA's) David Knowles, P4mug Bureau Dir. _ OREGON, DEPT. OF ENVIRON. QUALITY _ Tom Harry (asre,ePt Ate) Portland Building 106, Rm. 1002 811 SW Sixth Avenue _ ODOT, REGION 1 - DISTRICT 2A _ Phil Healy (sere,( a epee.) 1120 SW Fifth Avenue Portland, OR 97204 Jane Estes, emu Spennene Portland, OR 97204 PO Box 25412 Portland, OR 97298 -0412 - , ` w::u; �'_ t, '. `s :..: , , Y 3 ITILI TIPBOVIDEBSAND :SPECIALAAENCIES " ,- : ,�. _ BURLINGTON NORTHERN/ SANTA FE R/R 'X METRO AREA COMMUNICATIONS '< PORTLAND GENERAL ELECTRIC &TCI CABLEVISION OF OR. Reed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver, WA 98660 -3000 1815 NW 169th Place, S-6020 Wilsonville, OR 97070 Portland, OR 97201 Beaverton, OR 97006-4886 _ COLUMBIA CABLE COMPANY _ PORTLAND WESTERN R/R ZC.TRI -MET TRANSIT DVLPMT. Craig Eyestone g NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street Beaverton, OR 97005 220 SW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232 Portland, OR 97209 -3991 Seattle, WA 98104 -4037 XGENERAL TELEPHONE Paul Koft, Engineering _ OREGON ELECTRIC R/R _ SOUTHERN PACIFIC TRANS. CO. R/R - US WEST COMMUNICATION MC: 0R030546 farrauxrroexowxENSAI A IT RIR PRIDASSOPJ Clifford C. Cabe, Construction Engineer Pete Nelson Tigard, OR 97281 -3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street 1313 W. 11th Street Portland, OR 97232 Portland, OR 97204 Vancouver, WA 98660 -3000 • h :\patty4nasterstrtcnotice.mst 27-Oct -97 • • ve ® .. _ W ___. _ Q ce I- olio o . i a) i ■ I 1 -IP NORTH DAKOTA as .125CAD17 I S139CA0190115135CA0100.1 1 1 • CAD7p021&115CAD1900 -- iSib5CA0190D .....-/—.....- - 0 CT , i 181 MAO: 700 -er � Q x.11!../03000 C) : I R E , 5 ,Si35CA :A01700 - • ■ Si/ 211 ,Da ■ 15,75CA01500 �• 00 CID a. .135GA0 15 • � 1- 13500000 111 1;1350001017 - 15 < sctj* os ;DD G "1111111 CID L 1S1DSC0D0300 \ �eA C 1 - �O T C I LEWIS LN 1 U • I TAN \. 1 LN . I I , Vicinity Map N Notification Area Map MLP 91001 ve ��_OCOF3 LETTER OF TRANSMITTA 60,6 DATE RECEIVED \?\ RECEIVED PLA lI4G DEC @ ' 142001 CITY OF TIGARD TO: C Q� DEPT: (. \ /V lry v V 11 FROM: barn PHONE NUMBER: 5�_ (ON - L94 (o RE: u} - Odle t� (Case number, site address, parcel number, etc.) COMMENTS: H6tar Cot-CYC LP ,% is dsts /forms/LetterTransmittal.doc I\ - •• wrnuUl I 1 IUDU SI LVLNS.NLSS LAW PUULISIUNO CU., VOIII LAND, 014 U /YW NS • r � • EASEMENT S TATE OF OREGON, • G &'?4 County of ss. I certify that the within instrument Between was received for record on the • day STEVE DAVIS of , 19 , at o'clock .M., and recorded in book /reel /volume No. on page And SPACE RESERVED and /or as fee /file /instru- FoR ment /microfilm /reception No. DAM SLIMICK RECORDER'S USE Records of said County. Witness my hand and seal of County affixed. Atter recording, return to (Name, Address, Zip): DAN SLIMICK 1135,5 SW 9ZTH COURT NAME TITLE TIGARD,. OR 9722a By , Deputy. THIS AGREEMENT made and entered into this _s1Xt.eeIItl __t 16 bay of September , 19 9 8 by and between S e_ ± s. hereinafter called the first party, and , hereinafter called the second party, WITNESSETH: WHEREAS: The first party is the record owner of the following described real property in Washington County, State of Oregon, to -wit: Please see attached EXHIBIT '!A" and has the unrestricted right to grant the easement hereinafter described relative to the real estate. NOW, THEREFORE, in view of the premises and in consideration of $ — S). — by the second party to the first party paid, the receipt of which is acknowledged by the first party, it is agreed: The first party hereby grants, assigns and sets over to the second party an easement, to -wit: Please see attached EXHIBIT "B" • RECEIVED OCT 15 1 COMMUNITY DEVELOPMENT (Insert a full description of the nature and type of easement granted by the first party to the second party.) (OVER) • I t • 7, • The second party shall have all rights of ingress and egress to and from the real estate (including the right from time to time except as hereinafter provided, to cut, trim and remove trees, brush, overhanging branches and other obstructions) necessary for the second party's use, enjoyment, operation and maintenance of the easement hereby granted and all rights and privileges incident thereto. Except as to the rights herein granted, the first party shall have the full use and control of the above described real estate. The second party agrees to save and hold the first party harmless from any and all claims of third parties arising from the sec- ond party's use of the rights herein granted. The period of this easement shall be perpetual , always subject, however, to the following specific con- ditions, restrictions and considerations: EASEMENT TO ENLCUDE NEW PARTITION OF SAME PROPTERTY (SEE EXHIBIT B) If this easement is for a right of way over or across the real estate, the center line of the easement is described as follows: and the second party's right of way shall be parallel with the center line and not more than feet distant from either side thereof. During the existence of this easement, maintenance of the easement and costs of repair of the easement, if damaged by nat- ural disasters or other events for which all holders of an interest in the easement are blameless, shall be the responsibility of (check one): O the first party; D the second party; D both parties, share and share alike; D both parties, with the first party responsible for % and the second party responsible for %. (If the last alternative is selected, the percentages allocated to each party should total 100.) During the existence of this easement, holders of an interest in the easement who are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense. This agreement shall bind and inure to the benefit of, as the circumstances may require, not only the parties hereto but also their respective heirs, executors, administrators, assigns, and successors in interest. In construing this agreement, where the context so requires, the singular includes the plural and all grammatical changes shall be made so thaythis -a reement shall apply equally to individuals and to corporations. If the undersigned is a corporation, it has caused its name 6 lie signed d its seal, if any, affixed by an officer or other person duly authorized to do so by its board of directors. , I `SS HEREOF parties have hereunto set their hands in duplicate on the day and year first written above. c> kity■ S E DAVIS FIRST PARTY STATE OF OREGON, County of / ' x. 'This instrument was acknowledged before me on _� � �' , 19 7 , b __ .STEVE DAVIS This instrument was acknowledged before me on , 19 by as of Ntar Public for Oregon My commission expires 7 OFFICIAL SEAL DANIEL R. SLIMICK ktwil LUANNLASSELLE NOTARY PUBLIC - OREGON COMMISSION NO. 312969 SECOND PARTY MY COMMISSION EXPIRES JULY 14, 2002 STATE OF OREGON, County of WASHINGTON ) ss. This instrument was acknowledged before me on SEPTEMBER. , 19 by DANIEL R. SLIMICK This instrument was acknowledged before me on , 19 , by as of �, OFFICIAL SEAL ` � S '; LUANN LASSELLE �. -y =L �- L�LC.� �G�1� �� _ ' NOTARY PUBLIC - OREGON No7ary - Public for Oregon lo C OMMISSION NO. 312969 . My commission expires " MY COMMISSION EXPIRES JULY 14, 2002 Ui? • • EXHIBIT A Part of Lot 8, according to the duly filed plat of GREENBERG HEIGHTS, in the City of Tigard, filed July 16, 1908, in Plat Book 2, Page 54, Records of the County of Washington and State of Oregon, and described as follows: Beginning at the Southeast corner of Lot 8, said corner being South 00 °02'03" West 646.14 feet, more or less, from the initial point of beginning of said GREENBERG HEIGHTS; thence North 0'02'03" East along the East line of said Lot 8, a distance of 368.53 feet, more or less to the Southeast corner of that parcel conveyed by Deed to George M. Wallace, et ux, recorded January 17, 1964 in Volume 504, Page 431, Deed Records, Washington County, Oregon; thence South 89 °34' West 165.6 feet to the Southwest corner of said Wallace parcel; thence South 89 °34' West 148.79 feet; thence North 0 °00'38" East 71.00 feet; thence South 89 °34' West 125.00 feet, more or less, to the West line of said Lot 8; thence Southerly along the West line of said Lot 8 a distance of 91.00 feet, more or less, to the Southwest corner of said Lot 8; thence North 89 °34' East a distance of 419.34 feet to an interior corner of said Lot 8; thence South 0 °02'03" West along the East line of Lot 7 of GREENBERG HEIGHTS 341.64 feet, more or less, to the Northerly line of SW Greenberg Street; thence South 71 °23' East along the Northerly line of SW Greenberg Street 21.1 feet, more or less to the point of beginning. • EXHIBIT B The following described property situated in the County of Washington and State of Oregon: Beginning at an iron pipe on the North line of Lot 7 of GREENBERG HEIGHTS, a duly recorded subdivision in the John L. Hicklin D.L.C. No. 54, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, which beginning point bears South 0° 02' West 298 feet and South 89° 34' West 20 feet from the initial point of said subdivision; thence from said beginning point South 0° 02' West along the West line of a 20 foot wide roadway as shown on the plat of said GREENBERG HEIGHTS, 180.6 feet to a point; thence North 89° 34' West 120.55 feet to a point; thence North 0° 02' East parallel with the East line of said Lot 7, a distance of 180.6 feet to an iron pipe on the North line thereof; thence North 89° 34' East along said North line 120.55 feet to the place of beginning. • • • TIGARD • PLANNING iv2v12v1ISSIO CITY OF TICARC OREGON NOTICE: ALL PERSONS DESIRING TO SPEAK ON ANY ITEM MUST SIGN THEIR NAME ANI NOTE THEIR ADDRESS ON THIS SHEET—(Please PRINT) L AGMNDA ITEM #: . / Pagej of DATE OF HEARING: 3 / / ' / 4 CASE NUMBER(S): j LP 9 - / - - -0 /g ) OWNER/APPLICANT: � # Ran I`, Illab LOCATION: ' 1 1 35 S l,v 7 ' PLEASE PRINT YOUR NAME, ADDRESS, AND INCLUDE YOUR ZIP CODE PROPONENT (For the proposal) - - -- - - -- OPPONENT (Against the proposal) tPrint Na�n� /Address JZi & Affiliation) ----- - - - - -- (print Name /Address /Zip & .ftliationJ Name: �r , � .friZL? « - Name: TO t+ N r Address: / ! � _ 3 � � � C 7 7 71 C r Address: 1 1 - 1 S , c 4 ) & r EA; /?;.■ r City/State/Zip: City /State/Zip: Yl G-42 e; q 223 Name: 1./:at., e S , r‘ -& t( Name: Address: + 13 c `) S 4) 4 7 J -- 4-v Address: Citv/State/Zip: "7-( .J OI { 7 o ` � City /StateiZip: Name: Name: _ Address: Address: City/State/Zip: City /State/Zip: . 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Dr-,44.4z1 ct 114„) ,4 Avegef-Gt/9 r come ails Gub vid coal-q0/41,761 c grn very rU d s-cz,..s5 Airgiraw rciL aff 4/1-ex-47-mAzo x r '1 kf/' 410 44SWCn ? /1/f.q ice- / 7 9 `, ivy Ors/ 7 w,/ A,/,-1-0 ,4,1- wW.X1,/ rci /.'#,(7-- X 44 jao l ,692 ---2 0(1 • City of Tigard Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD, OREGON TO: Planning Commission FROM: Julia Hajduk, Associate Planner P DATE: March 3, 1998 SUBJECT: Appeal of Director's Decision to approve Slimick Partition (MLP 97 -0018) Background On January 29, 1998 the Director issued a decision to approve Minor Land Partition 97 -0018 subject to conditions of approval. The proposal was to create two (2) lots from one (1). The subject property has access on SW 97th Court, a private drive that is actually a panhandle drive and was created as part of the original Greenburg Heights Subdivision. On February 11, 1998, Mr. John Drennen appealed the Director's Decision with concems that the decision failed to adequately address several development code standards. Basis for Appeal The appellant states that the decision failed to adequately address Chapters 18.108.030(A) and 18.108.070(A),(B) and (C). He states the following in his appeal application: 'The current use of 97th Court is not in compliance with the Code and adding another lot at the end of this narrow private access without providing for a fire truck tum- around is not in the best interest of safety. The width requirement for an access drive serving 3 -6 lots should be 25 feet like the code says. The fire truck tum- around should be required to help bring an unsafe situation into compliance with code rules and goals." The City of Tigard Community Development Code Section 18.108.030(A) states that owners sharing a joint access must provide satisfactory legal evidence to establish the joint use and that such documentation must be placed on permanent file with the City. STAFF REPORT RE: APPEAL OF MLP 97- 0018 /SLIMICK PARTITION PAGE 1 OF 3 3/16/98 PLANNING COMMISSION PUBLIC HEARING • • Staff's response: This is addressed under Condition of Approval #1 in which the applicant is required to provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. • Section 18.108.070(A) states that vehicular access and egress for single - family dwelling units on individual Tots shall not be Tess than 25 feet with 20 feet of paving width. The existing private street has an access width of 20 feet with minimal paving. The appellant argues that staff should have required the street width to be increased to 25 feet in width. Staff response: Southwest 97th Court is an existing private street. The width is sufficient to maintain the required 20 -foot paving width. The additional five (5) feet for the access width is generally used to locate utilities or just allow a little distance from the paved surface to the property line. The utilities are already installed along this site frontage. In addition, there are other lots between the subject property and SW Greenburg Road, so the ability to fully widen the private drive was beyond the applicants control. Consistent with the City's precedent to require property owners to share equally in dedications, if the extra five (5) feet was required, only 2.5 feet would come from the subject property and the other 2.5 feet would come from the property across the drive. Given the location of the subject property, there would still be an approximately 200 -foot portion of drive between the subject parcel and SW Greenburg road that was only 20 feet in width. In this instance, because the utilities were installed, and because the access width was beyond the control of the applicant but adequate enough to provide the required paving width, staff determined that the criterion was satisfied. Section 18.108.070(B) states that residential access drives shall be provided and maintained in accordance with the provisions of 10.207 of the Uniform Fire Code. Staff response: This is accomplished because the access will be paved so as to provide an all- weather driving surface to a width sufficient to accommodate emergency vehicles. This was required as Condition of Approval #10. Section 18.108.070(C) states that access drives in excess of 150 feet in length shall be provided with approved provisions for the tuming- around of fire apparatus. Staff response: In reviewing this proposal, staff considered that the provision was satisfied because there was sufficient room in the location of the 90 degree turn in the road for emergency vehicles to maneuver by utilizing the driveway that takes access opposite the turn. It was later brought to staff's attention that there was no evidence that the use of the drive was permitted by the property owner. After this was brought to staff's attention, the applicant was contacted and they, in turn, obtained a letter from the property owner stating that the driveway could be used as a portion of the necessary hammerhead turn - around. This letter is attached for reference. Furthermore, the Building Division has the authority at the plan review stage to require compliance with Fire Code standards. Even if staff had been unable to ensure that access was provided, the Building Division had the authority to require an emergency vehicle turn- around prior to issuing building permits. STAFF REPORT RE: APPEAL OF MLP 97- 0018 /SLIMICK PARTITION PAGE 2 OF 3 3/16/98 PLANNING COMMISSION PUBLIC HEARING • • - Recommendation It is recommended that the Planning Commission deny the appeal finding that the issues . raised regarding the emergency vehicle tum- around and the verification of joint access rights have already been addressed. Staff further requests that the Planning Commission deny the appeal finding that the creation of an additional lot on the existing 20 -foot access was not a violation of the standard because the proposed partition did not create the 20 -foot access drive, the partition was not making the width any less compliant, and the required paving width was still able to be provided. EXHIBITS "A" - Appeal Filing Form "B" - Notice of Decision for Minor Land Partition (MLP) 97 -0018 "C" - Letter Confirming Access Approval for Emergency Vehicle Tum- Around is \curpinyulia\appeal.doc STAFF REPORT RE: APPEAL OF MLP 97- 0018/SLIMICK PARTITION PAGE 3 OF 3 3/16/98 PLANNING COMMISSION PUBLIC HEARING • • EXHIBIT A APPEAL FILING FORM FOR LAND USE DECISIONS - ,_a16,`. •III. CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684 -7297 The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code, therefore, sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal procez: , please contact the Planning Division or the City Recorder at the phone /fax listed at the top of this form. GENERAL INFORMATION FOR STAFF USE ONLY Property Address/Location(s) and Name(s) of the Application Being /I 3 Sc 5(o, 7 COv2>- g Case No.(s): Case Name(s): 1 A±iy�i c aril /(`�� a 4� � � r � � c,r / - l i � v� l / md/w Receipt No.: How Do You Qualify As A Party?: L y6 �+ i nl T1-rrz R�y?u r2,z1 /� vTI i rc ,4 17 d n� Application Accepted By: ��s�taNca . n Date: Appellant's Address: t C� �J COX 23 6 0.3 K � � A pp r ove d A s T o Form By: 77 6 -�n,-b, on. Date: City/State: ( (G /z) / (}i2 Zip q - 228 / - 7 G o3 Denied As To Form By: Day Phone Where You Can Be Reached:(5 6 3'i - . 5 792 Date: Scheduled Date Decision Is To Be Final: CUED , F €A A744.," l J yE iiauptnvr>atters>ap (.dx Date Notice of Final Decision Was Given: Specific Grounds For Appeal or Review: 7 ` (J M4 N REQUIRED SUBMITTAL ELt =MENTS CO /VCe2/v ,4/i0ur 7E PRvfkl; ED PA rr i io /v Application Elements Submitted: t To 770 Cu /Y7-I 5 ECT /O /vS or- Tf (2 /' ❑ Appeal Filing Form (completed) o N►n4 t i,v i i 3' ) tivzC [_cR- i e - ( J Rb 1 - �}TiMi� ❑ Filing Fee (based on criteria below) AC-C- cS S A R Es P G L F/ Hectors oeois 63 Pro Flamin Cc nisam s zso GA(.Ly� Heam9 Rereree C Pama+g cm.+, onme •s officer ro Cay Counef 51.745.00 2 l$ , /0 8 , v 30 (A) , (•Trarsaw 8. fv8 v 0 ) )l' c ) . 07o o R r; PRn �(� PAIZ 7 T o iv Oe- AzG r C�j cr,��v Signature s) of $lppellant(s): W l 'rH L L 5771'/ i TD✓l v D10 / N ,t1GG Rx=91 J1 G /9 ts/TS CvRReIvr U5i DF q 7 r.0,-f:zr 5 • /N 6/H►QLrAwc., W ( , TFF p.I 2. aPa-AL HUNG FORM FOR LANG USE DECISIONS (OVER FOR ADDITIONAL WRITING SPACEI ?AGE 1 OF 1 A- D /a--D Di "1G- A-.v o i H-Ei Lo r ` A-7 TI C G - 71 - t - s / v,4-re/2 o ( l v /-fit E Gci r' P20v, !=U Z f+ I=7f cz 2,v AP-004c/O S S r /N % `i zas rs O r� 5A F�7-y- .l lS ND T' /N �� Ccr - n4 R u etir 1 /{-M -ASS [)2/vcz" SE 2/ Al 3 Lor S i-to L. D r3 [`z_ ;2 S / K 7 Go D E 5 . �f r' /� 772 vc- /c TU Z N /-r ZOO 1� Skz u'-j t3C 2d Qu c 2 TU !- fri[_O 62 i.vG AW S ht" : " 5 / i v/4 low ( N re) Co PL /AA/c2 w1 TN Co D2 ft () C -)/4-LS, • • EXHIBIT B u.: ;R ; r _ ;_ ' ` „. g ,,.,: s , ;mi '- o.;. , ... —,t-ta . ::,::.,'.'r :• :a - e. •<c; mss. =: ..Tu;.: =•� =: - - � _. J- '� �c'+' j z.'�'' - N � „,........,....4. �� _ st- s�'°�' •- _ 1 �• f> �,� ,�:•: y :. � .:t = u; ��i�t f:: ` -- - - ,.; ,. r - : *r _.. ., . -- ,.,,C;.-.. . :1 1, •; / • I1 -r fr=et � ?. 1110 ' LAN 'AMMO t11T0 1,111 ' `0.� 0018 P •: 1u 1 - c --r ,.r + �.•e � '- . a , ` `” "t� < �"�{� s ' . ` - �` � �.�f ;.x� ,� u s r ,+,: r r s ,. - - ti - �_ -ate . , o ..__,.. - ,� .o.sxw -n s 7- ,-. � --s.. -.. �H'n-• tno:� „i . - . y s.,yX ,�x 120 DAYS = 4/15/98 SECTION I: APPLICATION SUMMARY CASE NO(S).: FILE NAME: SLIMICK PARTITION Minor Land Partition (MLP) 97 -0018 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 21,771.33 square feet into two (2) parcels of approximately 11,934.45 and 9,836.88 square feet. See "Site Information and Proposal Description" on page 3 for additional information on the proposed square footages. OWNER: Daniel and Mary Slimick APPLICANT: Same 11355 SW 97th Court Tigard, OR 97223 ZONING DESIGNATION: Residential, 12 units per acre; R -12. COMPREHENSIVE PLAN DESIGNATION: Residential, 12 units per acre; R -12. - LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164 SECTION II: DECISION = =� o � o- - s ►fie e ` :� �_�* 4�. �.:. -.�. �..,: _ �:. -. � ,..�� t: �: -§y,..;. ► , _- p - ' - -' _ l_ ,�. - • ��.� �? a :a ! : C ifi,� � gaY C� �n�na rirt yDa e t o�i ne � f �� `�: ;`-� - es e�. � - AP_Q QV T 3 ,� - i_._..Y - �r. . ��i_ =� �� si - �:� L �9� . : , q e�stYsutijefo Y -_ e'� 110111' � x.- w�• `a= -f :� -• �:� - :+� �.�,•�z::::��: f � ; sw�r a. - R_ ... _ - - - ��s • - r. 9s_;a oncius o which ecision is✓based are:nofedin_Sedioii` i NOTICE OF DECISION SUMICK PARTITION - MLP 97.0018 PAGE 1 OF 10 Ill • ';KS C CONDITIONS OF APPROVAL . �P O�RzT�THEv�AP� °ae;` F ©�'" a- :.- :?*r :2a- .-.a• -s.:.. � - ;;..z; - � - AG�O D ROV 1-'FH FIN`A1 P A► �T � aaii aoli kriire='=si r° �QONSS . -LES$FIED' 'mss '''i -• . �G 3 �a s p ( Unl ess erwise- > ,z e-sta f `costa s F s,� �.Snati�'�.t._Jc'`�'r_ p^a."a•c �. M'4= "C •... �e!n. - , i r jiage > & E n in eenn D'epartment�at 503)163$417-4) < ;t-f: , L .; 9 . •'4. - 6,;...r : 1. Provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. Staff Contact: Julia Powell Hajduk, Planning Division. 2. The lot area for both parcels must be verified by a surveyor and documentation of such verification provided to staff. Staff contact: Julia Powell Hajduk, Planning Division. 3. Obtain a street opening permit for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 4. As a part of the public improvement plan submittal, provide the Engineering Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 5. Extend sanitary sewer laterals to each parcel. If a sanitary sewer service lateral can be provided to each parcel without violating Unified Sewerage Agency (USA) regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in SW 97th Court to avoid a violation. 6. Hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 7. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." . § "a ; ; .I131 CKHEIISS. t ANC 4 -SU DIN U■[� � / �� . _ . ' F� S EI ^/may - y s V+ ti+.:+.:. �: -,n. ��. ..0 � * 1 : � _ �_Cr�r.: rw " . _ri.r�`+"'•. �i 8. Provide the Engineering Department with a recorded mylar copy of the partition plat. 9. Obtain a permit from the Tualatin Valley Water District for the proposed water connection. NOTICE OF DECISION SUMICK PARTITION - MLP 97.0018 PAGE 2 OF 10 • • 10. Obtain a site permit from the Building Division to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20- feet -wide from SW Greenburg Road to the north property line of the subject site. NOTE: the site permit is separate from the street opening permit issued by the Engineering Department for work in the public sewer easement. 11. Pay the standard water quality fee of $210 for the new lot. ,'Lilt :ijR011A L VALID' t - 'EXERCISE , L `EI ; . DER � s 8f D SON f' O Fl DELI �-* D�U . � 4'1 �OCCCST p 'S 110 f0 `°# r � 4 - te~ .� -. SECTION III: BACKGROUND INFORMATION Property History: No development applications were found to have been filed with the City. There is an existing single - family structure on the site, which will remain on proposed parcel 1. Site Information and Proposal Description: The applicant did not indicate on the proposal a parcel 1 or a parcel 2. For the purposes of preparing this decision, staff is referring to the southemmost lot as parcel 1, and the northern most lot as parcel 2. The proposal is to create two (2) lots from one (1), 21,771.33 square foot lot. Parcel 1 will have 9,836.88 square feet and Parcel 2 will have 11,934.45 square feet. The square footage indicated on the written application did not correspond with the actual dimensions provided on the site plan submitted. The applicant will be required to verify the square footages, however, for the purposes of writing this decision, staff will use the dimensions provided on the site plan. The site has an existing dwelling on proposed parcel 1 which will remain. The zoning for this property is R -12. While the medium density zoning would allow for approximately seven (7) units based on the square footage of this site, this is not possible at this time. The site currently has access via a 20- foot -wide private street. The private drive currently serves four (4) Tots. The Tigard Development Code states that private streets can serve up to six (6) Tots without a Planned Unit Development (PUD). Until additional street width is acquired to bring this street width up to local standards and the owner of the private drive wishes to make it a public street, it is unlikely that further development will be permitted. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR LAND PARTITION GENERAL APPROVAL CRITERIA: Section 18.162.040 contains the following general approval criteria for a Major Land Partition: NOTICE OF DECISION SUMICK PARTITION - MLP 97-0018 PAGE 3 OF 10 • • The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. The proposed partition complies with all statutory and ordinance requirements and regulations; This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by the application and review process. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail in SPECIAL PROVISIONS, page 4. All proposed improvements meet City and applicable agency standards (Ord. 89- 06; Ord. 83 -52). The public facilities and proposed improvements will be reviewed during the construction phase, at which time the appropriate review authority will insure that the City and other applicable standards are met. FINDING: Staff finds that the criteria above have been met outright or will be met as a result of conditions imposed in this decision in further sections. SPECIAL PROVISIONS: Section 18.162.050 contains the following special provisions for Tots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. There is no minimum lot width in the R -12 zone, therefore, this standard has been met. 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. The minimum lot area for the R -12 zone is 3,000 square feet per unit. Parcel 1 has one (1) dwelling unit and will have 9,836.88 square feet. Parcel 2 is currently vacant with 11,934.45 square feet of lot area. While both parcels exceed the minimum lot area NOTICE OF DECISION SUMICK PARTITION - MLP 97 -0018 PAGE 4 OF 10 • • requirement, the dimensions indicated on the application do not correspond to the • dimensions provided on the tentative plan. For this reason, staff will require the square footages to be verified by the surveyor prior to Final Partition Platting. 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. Both parcels have access to SW Greenburg Road via a 20- foot -wide access easement (SW 97th Court), therefore, this standard has been satisfied. Note: Verification of easement rights will be required and is discussed further in this decision. Setbacks: Setbacks shall be as required by the applicable zoning district. Parcel 1 currently has an existing dwelling unit. The setbacks for single - family structures in R -12 are as follow: 15 -foot front yard, 5 -foot side yard, and 15 -foot rear yard. The existing structure meets all of the required setbacks. Parcel 2 is currently vacant. Any structures placed on Parcel 2 will be required to meet applicable setbacks at the time of further development proposals. 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. The proposal does not involve a flag lot, therefore, this standard does not apply. 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. This proposal does not involve a flag lot, therefore, this standard does not apply. 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. The Tualatin Valley Fire and Rescue (TVF &R) Standard #14 requires that, "Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)" The nearest fire hydrant is at the intersection of SW 97th Court and SW Greenburg Road, approximately 200 feet to the south of the southem property line. The existing house is within 500 feet on all sides. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 5 OF 10 • • • It appears that a structure placed on Parcel 2 can be located within 500 feet of the fire hydrant on all sides, however, this must be verified at time of building permits. This standard has, therefore, been satisfied. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Southwest 97th Court is a private drive owned by tax lot 01700. It appears that the lots taking access from this private drive have easement rights to use the drive, however, the applicant did not provide evidence that such an easement exists. Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The Tigard Municipal Code Chapter 18.108 states that accessways serving three (3) -six (6) lots shall be 25- feet -wide with a minimum paving width of 20 feet. The existing access drive is only 20- feet -wide with minimal paving. Because the private access is existing and the partition, in itself, does not bring the street width into non - compliance, and because the minimum 20 -foot pavement width can still be met, staff is considering this satisfactory. Tigard Municipal Code Chapter 18.108 also states that "All vehicular access and egress . as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuos basis." The paving of this private drive is currently not to the required 20 -foot width and is discussed in more detail under "Additional applicable standards - Streets ", page 7. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: Based on the analysis detailed in the criteria above, staff finds that the Special Provisions for lots created through the partition process have been satisfied with the following exceptions: 1. The application provided conflicting dimensions on the application and the site plan. In order for staff to find that the proposed parcels meet the lot area standard, the dimensions must be verified by the surveyor. 2. The applicant has not provided evidence of access rights to the private street to serve either the existing or proposed parcel. In order for staff to find that the easement criteria and accessway criteria have been met, the applicant must verify that the easement can provide access to both the existing and proposed parcel. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 6 OF 10 • • CONDITIONS: • 1. Have the surveyor provide verification of the lot dimensions prior to final partition platting. 2. Submit evidence that the existing lot and proposed lot has access rights via an easement along the private drive, SW 97th Court. ADDITIONAL APPLICABLE STANDARDS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway serving 1 -2 dwelling units shall have a paved width of not Tess than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. Water: This site falls within the Tualatin Valley Water District (TVWD) service area. Prior to issuance of a building permit, the applicant will need to obtain water service from TVWD. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastem property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears NOTICE OF DECISION SUMICK PARTITION - MLP 97 -0018 PAGE 7 OF 10 • • . that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court tums to the west and SW North Dakota Street. There are no well- defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concemed with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system ". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off-site storm easements from the adjacent properties. Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 8 OF 10 • • Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. FINDING: Based on the analysis above, staff finds the City of Tigard street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 3 -7 indicated in this decision in order to meet the standards and obtain final plat approval and 8- 11 in order to obtain building permits. SECTION V. OTHER STAFF COMMENTS The record on this case contains the comments from each agency in its entirety. The City of Tigard Maintenance Services Department had the opportunity to review the proposal and provided comments which were discussed by the Engineering staff under the storm drainage section of the decision. Tigard Police Department had the opportunity to review the proposal and indicated that in order to provide better service, clear, legible house numbers should be visible from the private drive. Tigard Building Division had the opportunity to review the proposal and has no objections to the proposal. SECTION VI. AGENCY COMMENTS The record on this case contains the comments from each agency in its entirety. Tualatin Valley Water District had the opportunity to review the proposal and commented that the water meter for the property will be located at SW Greenburg Road and SW 97th Court. They indicated the size required under the Uniform Plumbing Code (UPC) must be verified. NOTICE OF DECISION SLIMICK PARTITION . MLP 97-0018 PAGE 9 OF 10 • • Staff response: A condition of approval for this decision is that the applicant obtain a permit from Tualatin Valley Water District for the proposed water connection prior to issuance of building permits. Portland General Electric(PGE) had the opportunity to review the proposal and indicated they have no objections. 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 govemment agencies Final Decision: � 3 • a. '4 � � +.: � l rf- 3 .. ,.�w 3_.eky' . ,r aj.° � . T - ' y #�, � -s• y'�` . " 4 . ^as a .'.'� . •;d:.,.}: K�:c ; } j , y,�� v Yl� ��?'.�`!� 9 =�� " f -al �I � ;ee t L7+ �' s� _ ��,-4 ��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 ten (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. _ �.__ _�.�,� �.�.:�� NE� . NC�OF:-AIV�APPEAL:IS, H:30�,PM�'ONsEEBRU Y�tk . � , .4•:.! 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. January 29, 1998 PREPAR BY: Julia Piw.tell Hajduk DATE Associate Planner January 29, 1998 APPROVED BY: Richard Bewersdorif DATE Planning Manager I: \CU R PLNUULIA\MLP\SLI M ICK.DOC NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 10 OF 10 i. +� R F •• ■__ i. , -„ , S.W.91T8.CT. 4 ` 14 • T t = - z c- vo 5 . I PROPOSED PARTITION LIME I 0 1 z � ° MO 111110 -OM -ems O. -MIND-4=0. — r. % o Z Q 4' • a. t W a. . _ v re CD 1 O fl° 90 cm 3 �" e4 'LL T 0 is I— c. c. of V CASE MO[S18 CASE NAMES]: _ i 1 SITE PEAN LP 91 -0018 • EXHIBIT MAP N SLIMICK PARTITION OUP IS UT T CA'S • • • VE ' SHADY LN 1 1 1 I I .1 r C aallIV Pillibb 1 / SOS _-! �. ii — '.■- Ell _E ■ ai $ ...„... ...... „, ._ 5T III_ MN ■O O Irr NORT DAKOT ow • I I ' „ c� „_. :11 2 - MOM MN - MI i MIIIIINV, Ulm C I r ., , MIK I 1..E 1 &V _ ill "1:41 i 1 °lib ii um ' ■ E I I I o ' Illir lid011 I 1 WUdS •LE IN = I— 1111111111111 is mi , III �► . 1 i i ilik c.... JIM .." ' 411k1 iii m: •: : • .. 1 IIIIII.L *,,c,.,A7 lip a 1 , L I, Vicinity Map N MLP 91 -0018 wises, A Slimick Partition • • EXHIBIT c February 12, 1998 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attention: Building Department and Planning Department Subj: Proposed New Construction at 11355 SW 97th Ct., Tigard To Whom I t ?:ay Concern: It has been brought to ny attention that there is some concern about the need for adequate access and egress for emergency equipment to serve the residents of 97th Ct. and that my property at 11330 SW 97th Ct. could be the pivotal point for turn - around. I hereby give my permission for such vehicles and /or equipment as my be needed or necessary to utilize ny driveway to turn and /or back -up, or whatever else may be required to facilitate their rendering emergency aid. I also unequivocally state that I have no intention of fencing or in any way limiting or preventing access to my driveway and will not allow any impediment to be erected or installed that will hinder this access. Sincerely, Z Sondra Carroll 11330/11344 SW 97th Ct. Tigard, Or, 97223 4 • J". _ *' sM.�:]IYXSY -:1,`y y .�i : + ` a"`pYY __. .. kq.b�r - + ' _ ,r ;- �..�y 'r.': � :w. ax'. .: e, s�S',. ��a� rp ., ji ,. :�.. ;,r=: -V .�i.,, - "r:' 'fZ.>"fa' Y �t�t. q _ , .-27 -, ".. ?2YM _'" : �. : -;;, ", '. f.." - ba.T.za ;'. y 0 < z'. ". c 1, ,.... k'e; i .- & Strsra s..'y {-7t. � � m+rr ,i6 H- �+.3.: w.,��,.... ..+r..r>•: - � v- =" Liza .. ; ,.. ,'.., :. - �; „�. + � - � _ ,r.. ” $ i. Sa r Siro, �''y �j�,. ;i %. i q ` 'r ¢.: '� 'R' ,,��.. . . -,,,,-,7!‘ y ' 4 r ; �W'�, r . _ ` _. �t s � � � ..,n �s.es :'y",y��y'. �.n�yy� �r`y��w'.-•�. = 5..` - �G r.�.y -., � , � ��,,'¢! ', "�.., ry;r . :r"�,' ., ._ .. p ' yy '*r' `� - MY,..., ... - -'w+ .Tw.... ,, • ` ,-.,+$ i1 M ; . y �g ' .- , . /n� '' .. y . : - '� a: .,, 1 . .,- ..^nr. 'e n, 3'-'..:... .r7'- , " :;. ..•r _ { +...-4 ". — —: >` 1 ' I —J City of Tigard TIGARD PLANNING COMMISSION Community Development Shaping A Better Community MARCH 16, 1998 - 7:30 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. PUBLIC HEARINGS 4.1 MINOR LAND PARTITION (MLP) 97- 0018 /APPEAL OF SLIMICK LAND PARTITION On January 29, 1998, the Director issued a Decision to approve, subject to conditions, a request for a Minor Land Partition to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. On February 11, 1998, an appeal was filed against the approval based on the following two (2) issues: > The existing width of the private street is 20 feet, whereas, the code requires a 25- foot -wide access ' width; and ' An emergency fire access turn - around was not required as part of this partition. The appellant states that 'The current use of SW 97th Court is not in compliance with the development code and adding another lot at the end of this narrow private access without providing for a fire truck turn - around is not in the best interest of safety. The width requirement of an access drive serving 3 -6 lots - should be 25 feet like the code says. The fire truck turn - around should be required to help bring an unsafe situation into compliance with code rules and goals." LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 Units Per Acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32 and 18.108. 5. OTHER BUSINESS 6. ADJOURNMENT I: \CDADMUERREE\PC\PCAGEN DA.316 RECEIVED PLANNING / a 3A-79g MAR 1 0 1998 � f i N ( 97 lakat.4, ELF✓ 27f-e-) , 4, 4171_ - 9 ,Ll 0 i C 21_4-r-c4zze,e6 .1 ' , ' 14= ,.(L /' • Ard _Zoe/-4 1./if-Z1 (Afil v �Z v _7€C1./L:t - Ze e *7 4411 6,0 -.7 / o 5: j 1, • 1. • February 4, 1998 1 ----0 - " Donna Holden CITY OF TIGARD 5458 SW Murray Boulevard OREGON Beaverton, OR 97008 RE: Slimick Partition (MLP 97 -0018) Dear Ms. Holden: We received your letter dated January 31, 1998 regarding concerns you have about the Slimick Partition. I tried to contact you by telephone, but was unable to locate your number in the telephone directory. I appreciate your comments and concerns, it is often helpful to hear directly from residents regarding development concerns. A copy of your letter will be forwarded to our Development Review Engineer. While the concerns you raise are valid, your letter alone can not be accepted as an appeal. Appeals must be filed on the appropriat - id a brief summary of the specific issues for the o�� 0,4 lever, that you are not truly wanting to appeal th e-a: ve pay close attention to the drainage from this i As you noted in your le /, ; City on this site. A condition of approval fc ''�'�'�''�� applicant hire a civil engineer to prepare a I must identify potential solutions for properly ( - . e ,� e ."- mpacting downstream properties. The applicz ✓�`� m proval and record the partition plat until all the _es - f i - t e atisfaction of City staff. Brian Rager, our Develo 1 .� . Ai Engineer's analysis and final approval will not I uately accommodated. Please be aware that w . i w ) ✓7 � mpacts created by this development. You may ,/ .1;'r,‹ 1e problems, but on the other hand, you should ng a copy of your letter to our Public Works Der �� ,I t here are problems, and to see if there is anythin JI 3 problems. I would also like to addr - .. ....y . four future reference. A partition is reviewed a: ,ma /_ nakes the decision and there is no public heart - ' C/� - .y �� ith the public to discuss the proposal rior to st / P 1 1998 date indicated on ---2° the "Notice of Decision z --- - appeal on the decision. Appeals must be filed '�"' J -e -- r-ec ate and time specified in the decision accompan.__ _, • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Page 1 of 2 February 4, 1998 , _� ,1V-4 _.--- - 1 e I V ) atili-ij JAL Donna Holden � ��) CITY OF TIGARD 5458 SW Murray Boulevard Beaverton, OR 97008 OREGON RE: Slimick Partition (MLP 97 -0018) Dear Ms. Holden: We received your letter dated January 31, 1998 regarding concerns you have about the Slimick Partition. I tried to contact you by telephone, but was unable to locate your number in the telephone directory. I appreciate your comments and concerns, it is often helpful to hear directly from residents regarding development concerns. A copy of your letter will be forwarded to our Development Review Engineer. While the concerns you raise are valid, your letter alone can not be accepted as an appeal. Appeals must be filed on the appropriat - id a brief summary of the specific issues for the fever, that you are not truly wanting to appeal th ve pay close attention to the drainage from this As you noted in your le A 1 City on this site. A condition of approval fc - '�'�"� applicant hire a civil engineer to prepare a rust identify potential solutions for properly c 4� -ire.,( mpacting downstream The a lice J �`r� lYt properties. PP � proval and record the partition plat until all the -d`S - 4 1 atisfaction of City staff. Brian Rager, our Develo 0,3 - le-, Engineer's analysis and final approval will not I uately accommodated. Please be aware that w . e ,,_, . f- r mpacts created by this development. You may 'G'' ,�' / 44 a'i v A '• C 1 e problems, but on the other hand, you should rig a copy of your letter to our Public Works Der 1 - e i here are problems, and to see if there is anythin G � 13 problems. C// u-X% - 1 four future reference. A partition is reviewed a: / / nakes the decision and there is no public heari `'' %";/, , Cf � P c , - ?.. : ) ith the public to discuss the proposal prior to st; ; - 1998 date indicated on the "Notice of Decision r— ` appeal on the decision. Appeals must be filed �' ; - '< - tte and time specified in the decision accompar..__ _, 13125 SW Hall Blvd., Tigard, CR 97223 (503) 639 -4171 TDD (503) 684 -2772 Page 1 of 2 E C \l. r - 118.30 125' 94 -301 218.00 J C. GRACIAM t 52 '^ N TO PUBLIC 108 128 Y T /� ■ ` INITIAL PT. I 1 03 1�- N 7 9- 44053 ° 8a -14723 • 1 188.90 163.60 412:74)_, 5 0 / � i / 98.66 f 40' 93.24 40 r 1701 I 1704 I 1800 190I - '19 0 2 D I 28AC. m .28 AC. F .93 AC. .38 AC. 38 AC 0 . 0 / G. "! O W Mf Iff ,► 2 I I+ "- N a s / '= ( C.S. 9,440) '3 AC �Ep c/ W a 5, I `� NO � � � 4' 8 m (P � tam 1 --+ 3 1 '' N 98.66 f 1 ✓ ✓/ 90 9 8 1703 ' a o n 56.24 yb N ._ ° -10 a 0 5 / _ ,� m 010 1uo.ast cuo.3st �� 1 38 o .,32AC. I g 1702 - - - 3 89° 31' W 0 ( C.S. 8,940) ,940) 125' I (C.5 18,373) , 23 1900 w ( C.S. 17,412) m a e _ slo.eo a,I7 S R I o ' ' AC r- . m r' I 1 N I r �" : L 1 3 89° 55' 1 .. / 61 •3 :.J r � r ; r , J 1 R J 106. 50 40.9 ,g, 2g 0 t) EA$EMENr 1 140.79 163.60 4500 1 . 0 i 125.52 0 : 9 7.43007 N �� o 1 I c I 24. so c-- 9 730 --� 0 '� `� M 4600 122.30 (79.80) 12 220.77 1 52 A • 1300 2`9 50.17 1400 1600 (222.071 J. 3/A C 52 A C. / �� / .60 AC. .59 AC. I .5O AC. 2400 r, / 1 r ' I /.35 AC. � J In g • r ,9 0 , 12 Ci 3 r 0.. I W 0 __ � 2 2 0.T7 .. ►�, (� 03Ac. ` N %g 6 _ o 1907 . 2 300 Is ^ ^- 9.1 / M b ► 1 54 AC. ` ^, v2 •g �+ N ''s °2x'4 " 7 Ltl 1 ' (C.S �Y/ I 61.50 37 • )1 kiii)9 /4 i 2s / 1402 1403 120.55 _ - `40_1 'AC. 2t> e * .20 AC. .2/ AC. - e • S - , .T s b y3 y / ,g: (C.IS. I' •,4 8) sew) ° 1 , .% I ° N Iw 1500 0 i 97 51 us � 4, ! ./$ .. , i< . • 9 b.� 20 90 y ". 1 X 2 e - .40 AC . n v ,� 7100 ^'' g0 a M N 3 I 9 C 1 .�, ,o ' z� "-': �' 0 N 1 -, N �, O 2302 _ y ' 7400 - ` t I -- 1 401 .0,1 o I M c .3• AC. 1 (?/0) ` ° 1 100 s? ,o 4. . 0 /AC. o 13 (C.S. 4,65 7? -5P ,5 69 AC. AV 00.09 1 N 2S' -- - • IA • • From: "Jeanne Temple" <JEANNE.COT> To: JULIA.COT Date sent: Fri, 27 Feb 1998 11:23:58 +0000 Subject: Send reply to: jeanne@ci.tigard.or.us I RECEIVED A CALL FROM MARGARET DAVIS, 11470 GREENBURG, 639 -6932. ADJACENT TO 97TH COURT. SHE MENTIONED THERE IS A HEARING MARCH 16TH REGARDING DEVELOPMEN 97TH COURT. HER CONCERN IS FOR SOME OLD TREES AND HOW PAVING WILL IMPACT THEM. THE ONLY INFO I COULD FIND IS MLP97 -0018. NOT SURE IF THIS IS THE RELATED CASE. COULD YOU RESEARCH AND EITHER CALL MRS. DAVIS, OR FORWARD THIS MESSAGE ON THE THE APPROPRIATE PERSON? THANKS! Y? G 411 0 A C 41. (00 0 41 A pie 5 , t, ‘ v 1 ' G d il4 f of 0) p o Julia Hajduk -- 1 -- Fri, 27 Feb 1998 11:44:44 • February 12, 1998 City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Attention: Building Department and Planning Department Subj: Proposed New Construction at 11355 SW 97th Ct., Tigard To Whom It May Concern: It has been brought to my attention that there is some concern about the need for adequate access and egress for emergency equipment to serve the residents of 97th Ct. and that my property at 11330 SW 97th Ct. could be the pivotal point for turn - around. I hereby give my permission for such vehicles and /or equipment as my be needed or necessary to utilize my driveway to turn and /or back -up, or whatever else may be required to facilitate their rendering emergency aid. I also unequivocally state that I have no intention of fencing or in any way limiting or preventing access to my driveway and will not allow any impediment to be erected or installed that will hinder this access. Sincerely, Sondra Carroll 11330/11344 SW 97th Ct. Tigard, Or, 97223 i • Daniel R. Slimick 11355 SW 97th Court Tigard, OR 97223 February 11, 1998 Building & Planning Dept. CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 To whom it may concern: It's been brought to my attention that an emergency turnaround may be needed at the end of 97th Court. Even though it was not required as one of the conditions for the parti- tioning of my property at 11355 SW 97th Court, I am willing to provide the emergency turnaround as needed per the requirements of obtaining my building permit. Daniel R. Slimick Phone: 503 639 -9988 • • CITY OF TIGARD Community Development Shaping A Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, AT A MEETING ON MONDAY MARCH 16, 1998 AT 7:30 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO: MINOR LAND PARTITION [MLP) 97 -0018 FILE TITLE: APPEAL OF SLIMICK LAND PARTITION APPLICANT: Daniel and Mary Slimick OWNER: Same 11355 SW 97th Court Tigard, OR 97223 (503) 684 -6496 REQUEST: On January 29, 1998, the Director issued a Decision to approve, subject to conditions, a request for a Minor Land Partition to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. On February 11, 1998, an appeal was filed against the approval based on the following two (2) issues: 1. The existing width of the private street is 20 feet, whereas, the code requires a 25- foot -wide access width; and 2. An emergency fire access turn - around was not required as part of this partition. The appellant states that "the current use of SW 97th Court is not in compliance with the development code and adding another lot at the end of this narrow private access without providing for a fire truck turn - around is not in the best interest of safety. The width requirement of an access drive serving 3 -6 lots should be 25 feet like the code says. The fire truck turn - around should be required to help bring an unsafe situation into compliance with code rules and goals." LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 Units Per Acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32 and 18.108. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. MLP 97 -0018 APPEAL OF SLIMICK LAND PARTITION NOTICE OF 3/16/98 P.C. PUBLIC HEARING ANYONE WISHING TO PRESENT WRIT TESTIMONY ON THIS PROPOSED AC. MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER FEBRUARY 24, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE PLANNING COMMISSION WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER JULIA POWELL HAJDUK AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. isPrall#4, •,1 ■ A N IE mow: ZEE r- ( ► 11111 OAKOTA , 3 ■m- • j I1 ` ORf' ■ s i r. MLP 97 -0018 APPEAL OF SLIMICK LAND PARTITION NOTICE OF 3/16/98 P.C. PUBLIC HEARING 44. PPEAL FILING O FOR LAND USE DECISIONS . •II CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684-7297 The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code, therefore, sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal procees, please contact the Planning Division or the City Recorder at the phone /fax listed at the top of this form. GENERAL INFORMATION FOR STAFF USE ONLY Property Address/Location(s) and Name(s) of the Application Being '-� Case No.(s): Appealed: // 3 5T5 5.W, 9 C cn r / Case Name(s): • • - /A Aa/D /t'�� -RV SL r� cc-K 11 Non �.A- As Receipt No.: • How Do You Qualify As A Party ?: • L w/? inr R urt� , o1 r��a =nun. Application Accepted By: zs TA -Al c.6 :: . Date: • PO, : 6 1728/ ABproved As To Form By: • - • Appellant's Address: Q OA Z3 (O3 6 n Q�, Date: City/State: (7 G420 (X, zip: R S / — G C 3 r Denies( As To Form By: Day Phone Where You Can Be Reached:(5'J) G 3q 792 Date: Scheduled Date Decision Is To Be Final: CUED , FEA /Okay t!, 9& ' 10 i In a -doc Date Notice of Final Decision Was Given: Specific Grounds For Appeal or Review: /1 Y /1,4,,v REQUIRED SUBMITTAL ELEMENTS GO/UGG'2N ,jo - i PRoPoS PA: :T r rloiv I .77o Cu I TH s�GTi p n/s OP pie Application Elements Submitted: HAS TO ❑ Appeal Filing Form (completed) (2/3 /4A.it vi At / y -) e:4/6-4_,„ pp? C j co J 6 . - ❑ Filing Fee (based on criteria below) v AGC" tS S /r/v) �� /Q CIF / ESS . P H eatng Referee to Planning Convnission f 250. rte; 1 Planting Commission/Hearing's Officer to Cdy Council $1.745.00 C TE !g, /08 , 030 (A) 1• 1 l /8- log 07o 0)1,03),K) - — P anvoos eta PMm rio N 2) () s_ Aio co/.00. Signature s) of ppellant(s): (.11 t ALL 5 Tx4- UT'0►(tY Awl) D12D I iv AlaGE ISEgui eJti /SITS I fF� cuRa e,ti r USE of (prier - - Ls Nor l AI (CM yo Li A-A/c-j w c mm rt -E CoAi) rz APPEAL FILING FORM FOR LAND USE DECISIONS COVER FOR ADDITIONAL WRITING SPACE! PAGE 1 OF I �o V im ) AND A-D ' 41 A - T fl-1i -/t/ F- / rn3 A ix fr /!C • Ozo vi b I Iva. Po 4 r — / 2 cz 772 uuc 7 �v AlZ°L)" /S NOT /N The i3 T /A/ r&rzes rs OF 5-AF57 -1 .(Gf€ C u i D - 0 4 f UiR A1C// 2 A-' AKc -0-Ss 211/42 2v t 3 -- 6 4-0 TS a _ r Siou_ 6 l� 2.S / �..I K� 7?-16" GoDE 574- . ` 2r / (-15- - TU 2 N /4 c) S M+o uz-) ✓ i* Rif Qv l -(r�LG X3/2` 1 � ./ ,AA/ (/�S�Fa SITv /� to/u � n/ TU • • r , A 1,` I ( SETTING THE STANDARD FOR SERVICE EXCELLENCE ... Facsimile To: A Si/ m i 6f4- / Company: Phone: 6 317 _ 1 , 9 1 7 Fax: " 7'-q/35 7 From: � i, 9 fi Company: City of Tigard Phone: (503) 639 -4171 x V Fax: (503) 684-7297 Date: g - // - g Pages including this page: 7 COMMENTS: ere is _ i ,rhavi 41A 1 1 # V< y Ceti, d rav - e 4 kr'h - e4roU7c i:5- �S 'vsi- s, . dal-- .n9 q , , X, N dr,„4,,,,,--zoi.,,,,, -/Xe .--7/2-0/wIlis -,h, 04 . &/// .e.,./4:;,_, ( .. V 1 City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 ** PLEASE DELIVER THIS FAX IMMEDIATELY * * • ,. . . . >„, g 14141f .... !:........:4‘.. /,3'; S') 01 ei- , . 1 7.:o4c) 6-311.G(IqC .- ______ . .. ...._ .. . . • • - ... . • gyis IN (.',.. T3.0 Lk; 1 cr '.., 1 „ : . ... ..... . ... ..... -- ( . I I 1 L. (TY i_oca-rleql5.. ,, r ---- c • f t 1 : ■ : I i • : • ! I ' f. . I • ..f. 1 : A ...r,; " s ' . . . . • ..? : .........._. I I . 1 I C • '. ' ..1 1 , .) 1 i t I : (5 . i +. . • 4, i . . .... . ... . . , . . .. k . . I I W if 1 IN el ■ f 1 •••• . . . . . • • 1: • • ›"-- -> / , liV 6 2i . I I I ' r. : --V— • i 1---' \ .......- N \ I • I ' \ , ; c. ! ,. ; s FL li 4 T 1 I rc.-- qt! ---5 l • 1 . ,1 . g •. \ \ \ 0 I . c. ‘ ,} 0..)„..i. ..-; •-•--- iri. 1 • I . / / 1 . 1 t • . . -6■:1.W.-- . # , • . , .., 1 .... ) )(.; ' 1 • i 5e itPar 1,,,A6 . 1 1 I SW4 / A04 • Dead End Radius and No Tualatin Valley Fire & Fire & Life Safety Parking Sign Diagrams Rescue Statistics Requirements I,- 2 'R -' Tualatin Valley Fire & Rescue for Fire Department 45y .-45' serves 310,200 citizens covering Access and 90'—' 216 square miles in unincorporated areas of Clackamas County, Water Supplies Washington County, Multnomah County and the following cities: 'N 25' R 25' R. • Aloha This brochure is being provided as a -' 20' '- -' 20 •-- • Beaverton resource only. The items listed inside • • Charbonneau are the requirements most generally • Durham sited on plans for approval. If these • King City items are included on the plans, the �• 45'�� 45�� - • Rivergrove likelihood of a timely approval on the ' 12U' _ • Sherwood initial review is greatly increased. If 1 • Tigard questions arise with regard to any of the 4 5' provisions, please call the TVF &R Fire _ 1 • Tualatin Marshal's Office at (503) 526 -2469. (Yr---65' U - ► • Wilsonville 25' R. I Tualatin Valley has 20 fire stations located throughout the Fire District. -' 20' 4- ' 20' ' Total staffing is 461. , a tN t q � • 234 Career Firefighters /Paramedics 7 ' l P t� 125 Volunteer Firefighters / ` 1 45' R. NO PARKING 40 Fire Prevention, Public < ( ,';::: FIRE LANE. Education, Training .0 ' � fO ZONE AY 18 47 Administrative Support �R ES GJ � ORS 98.81010 15 Explorer Scouts +f 25' R. 98 • Tualatin Valley Fire & Rescue Emergency Incidents in 1995 = 20,407 Fire Marshal's Office 20' .___ Fire 1,090 Medical 13,474 P.O. Box 4755 Mutual Aid 384 Hazards 630 Beaverton, OR 97076 (503) 526 -2469 7ft Clear Pub. Assists 4,829 Space IRE APPARATUS ACCESS ROAD DISTANCE shall be designed in accordance with the American hydrants shall be as approved by the Chief. (UFC Sec. • FROM BUILDING AND TURNAROUNDS: Access Association of Highway and Transportation Officials "Standard 903.4.2.2) roads shall be within 150 feet of all portions of the exterior wall Specifications for Highway Bridges." The bridge shall be • of the first story of the building as measured by an approved designed for a live load sufficient to carry 50,000 pounds. 15) FIRE HYDRANT DISTANCE FROM AN ACCESS route around the exterior of the building. An approved (UFC Sec. 902.2.2.5) ROAD: Fire hydrants shall be located not more than 15 turnaround Is required If the remaining distance to an feet from an approved fire apparatus access roadway. approved intersecting roadway, as measured along the fire 9) NO PARKING SIGNS: Where lire apparatus access (UFC Sec. 903.4.2.4) roadways are not of sufficient width to accommodate apparatus access road, Is greater than 150 feet. (UFC Sec. parked vehicles, "No Parking" signs shall be installed on 16) FIRE HYDRANT / FIRE DEPARTMENT 902.2.1) one or both sides of the roadway and in turnarounds as CONNECTION: A fire hydrant shall be located within 70 needed. (UFC Sec. 902.2.4) Signs shall read "NO feet of a fire department connection (FDC). Fire hydrants 2) FIRE APPARATUS ACCESS ROAD EXCEPTION PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810 and FDC's shall be located on the same side of the fire FOR AUTOMATIC SPRINKLER PROTECTION: When - 98.812" and shall be installed with a clear space above apparatus access roadway. (UFC Sec. 903.4.2.5) FDC buildings are completely protected with an approved ground level of 7 feet. Signs shall be 12 inches wide by 18 locations shall be as approved by the Chief. (1996 Oregon automatic fire sprinkler system, the requirements for fire inches high and shall have black or red letters and border Structural Specialty Code, Sec. 904.1.1) apparatus access may be modified as approved by the Chief. on a white background. (UFC Sec. 901.4.5.(1) (2) & (3)) -- (UFC Sec. 902.2.1 Exception 1) (See diagram on back) 17) FIRE DEPARTMENT CONNECTIONS ON • BUILDINGS: Fire department connections shall not 3) ADDITIONAL ACCESS ROADS: Where there are 20 or 10) GRADE: Fire apparatus access roadway grades shall not located on the building that is being protected. (UFC SNP more dwellings, an approved second lire apparatus access exceed an average grade of 10 percent with a maximum 903.4.2.5) roadway must be provided to a city /county roadway or access grade of 15 percent for lengths of no more than 200 feet. easement. (UFC Sec. 902.2.2) (UFC Sec. 902.2.2.6). Intersections and turnarounds shall 18) COMMERCIAL BUILDINGS - REQUIRED FIRE be level (maximum 5%) with the exception of crowning for FLOW: The required fire flow for the building shall not 4) FIRE APPARATUS ACCESS ROAD WIDTH AND water run -off. exceed 3,000 gallons per minute (GPM) or the available VERTICAL CLEARANCE: Fire apparatus access roads GPM in the water delivery system at 20 psi. A worksheet shall have an unobstructed width of not less than 20 feet (15 11) PAINTED CURBS: Fire apparatus access roadway for calculating the required fire flow Is available from the feel for not more than two dwelling units), and an curbs shall be painted yellow and marked "NO PARKING Fire Marshal's office. (UFC Sec. 903.3) unobstructed vertical clearance of not less than 13 feet 6 FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. (UFC 19) SINGLE FAMILY DWELLINGS - REQUIRED FIRE Inches. (UFC Sec. 902.2.2.1) Sec. 901.4.5.2) FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. RFACE AND LOAD CAPACITIES: Fire apparatus 12) COMMERCIAL BUILDINGS - MINIMUM NUMBER If the structures) is 3,600 square feet or larger, the a ccess roads shall be of an all - weather surface that is easily OF FIRE HYDRANTS: The minimum number of fire required fire flow shall be determined according to UFC distinguishable from the sur rounding area and is capable of hydrants for a building shall be based on the required lire Appendix Table A- III -A -1. (UFC Appendix III -A, Sec. 5) supporting not less than 12,500 pounds point load (wheel flow prior to giving any credits for tire protection systems. load) arid 50,000 pounds live load (gross vehicle weight). There shall not be less than one (1) fire hydrant for the first 20) RURAL BUILDINGS - REQUIRED FIRE FLOW: (IJFC Sec. 902.2.2.2) You may need to provide 2,000 gallons g per minute (GPM) required fire flow and one documentation from a registered engineer that the design e desig will g p ( ) t Required fire flow for rural buildings shall be calculated i be c ente supporting such loading and ha th e wio (1) additional fire hydrant for each 1,000 GPM or portion accordance with National Fire Protection Association d b e c a registered p s tcht the finished con m ent ai n is in thereof over 2,000 GPM. Fire hydrants shall be evenly Standard 1231. Please contact the Fire Marshal's offic spaced around the building and their locations shall be for special help and other requirements that will apply. accordance with the approved plans or the requirements of approved by the Chief. (UFC Sec. 903.4.2.1 ` I P Y ( 903.4.2.1) (UFC Sec. 903.3) the Fire Code. 13) COMMERCIAL BUILDINGS - FIRE HYDRANTS: 21) ACCESS AND FIREFIGHTING WATER SUPPLY TURNING RADIUS: The inside turning radius and outside No portion of the exterior of a commercial building shall be DURING CONSTRUCTION: Approved fire apparatus turning radius shall not be less than 25 feet and 45 feet located more than 250 feet from a fire hydrant when access roadways and fire fighting water supplies shall be respectively, as measured from the same center point. (UFC measured in an approved manner around the outside of the installed and operational prior to any other construction on Sec. 902.2.2.3) -- (See diagrams on back) building and along an approved fire appatatus access the site or subdivision. (UFC Sec. 8704) roadway. (UFC Sec. 903.4.2.1) ili EAD END ROADS: Dead end fire apparatus access 22) KNOX BOX: A Knox Box for building access is required roads In excess of 150 feet in length shall be provided with an 14) SINGLE FAMILY DWELLINGS - FIRE HYDRANTS: for this building. Please contact the Fire Marshal's Office approved turnaround. Diagrams of approved turnarounds are Fire hydrants for single family dwellings and duplexes shall for an application and instructions regarding installation available from the fire district. (UFC Sec. 902.2.2.4) -- (See be placed at each intersection. Intermediate fire hydrants and placement. diagrams on back) are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around 23) INSPECTIONS: Site inspections may be required. 8) BRIDGES: Bridges shall be designed, inspected and final the outside of the structure and along approved fire construction approved by a registered engineer. The bridge apparatus access roadways. Placement of additional fire / 02/11/98 12:03 $503 684 7297 CITY OF TIGARD Ej001 • • * ** ACTIVITY REPORT * ** TRANSMISSION OK TX /RX NO. 9195 • • CONNECTION TEL 503 684 4357 CONNECTION ID SELECTRON START TIME 02/11 11:59 • USAGE TIME 03`49 PAGES 4 RESULT OK / _ ..f J I SOWING THE STANDARD FOR SERVICE EXCELLENCE =Azad Facsimile To .44 sly m Company: Phone: 6 39_99q? Fax (Sy " 4 /3 S 7 From: �, 9 /4,/ J i Company: City of Tigard Phone: (503) 639 -4171 cep Fax: (503) 684-7297 Date: a - / / ... 9 g Pages including this page: COMMENTS: S/ „iv < - k r)? - 41 4.. � s 41i• - -�'/�. __ a �- -0V- — • , ter O r- - , ' ,cho ' .p . • . qII- - 1%0 -$:4 - ,47/ idy hee aler.t°,947;').1- �� u�� 0,1 1. all _ �� '' �� _-__-__ � ___�_ _3,. 5 \ -- & --, r „,,,��!.- � *c� _-- --_'-_-__-- ---_-_ _- _'_ ____-_�__----�_—_ --- _-_�--_ - -_---_'_-'_-- --_ --__°__~~~- -`_ = �_- '--'_--__- • ,A___*50;-s f-t , •,/z/v6c54./. ,„(! — /e_ct, evr-t/ - - - ,____Z iti,14. 77 ./0‘,-,14, N o / 6 fr .044.2%. A7y _ ,I-, _14/177.y&k- c.otA .p-i ‘ 1 Xis yr,5 A/b co.4- ___- / - 2: (/ /-/-p , ....1 A /hev7-7149/zse-; - - - --/< 3-n._- /';._ d Ir -1 4 A9k-o-drs.? A/4 d.,.z eir.-,,, 4;/,_,,-)„,,,T,A,J9h. ske_c/1.? i/ r - _- - - __ _.__ | / • • t ; February 4, 1998 Donna Holden CITY OF TIGARD 5458 SW Murray Boulevard OREGON Beaverton, OR 97008 RE: Slimick Partition (MLP 97 -0018) Dear Ms. Holden: We received your letter dated January 31, 1998 regarding concerns you have about the Slimick Partition. I tried to contact you by telephone, but was unable to locate your number in the telephone directory. I appreciate your comments and concerns, it is often helpful to hear directly from residents regarding development concerns. A copy of your letter will be forwarded to our Development Review Engineer. While the concerns you raise are valid, your letter alone can not be accepted as an appeal. Appeals must be filed on the appropriate City forms accompanied by the fee and a brief summary of the specific issues for the appeal. It appears from your letter, however, that you are not truly wanting to appeal this decision but that you want to insure we pay close attention to the drainage from this development. As you noted in your letter, drainage is also a concern to the City on this site. A condition of approval for this decision, therefore, is that the applicant hire a civil engineer to prepare a downstream analysis. The Engineer must identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The applicant will not be able to obtain final approval and record the partition plat until all the conditions of approval are met to the satisfaction of City staff. Brian Rager, our Development Review Engineer will review the Engineer's analysis and final approval will not be granted until the drainage is adequately accommodated. Please be aware that we are only able to respond to drainage impacts created by this development. You may not notice a decrease in existing drainage problems, but on the other hand, you should not see an increase. I am also forwarding a copy of your letter to our Public Works Department to both make them aware that there are problems, and to see if there is anything that the City can do to alleviate existing problems. I would also like to address a few of your comments, simply for your future reference. A partition is reviewed as a staff level decision, meaning staff makes the decision and there is no public hearing. There are also no meetings held with the public to discuss the proposal prior to staff issuing a decision. The February 11, 1998 date indicated on the "Notice of Decision" you received is the final date to file an appeal on the decision. Appeals must be filed on forms provided by the City by the date and time specified in the decision accompanied by the required filing fee. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Page 1 of 2 . • • I hope this letter addresses your issues and concerns. If I can be of any further assistance, please don't hesitate to contact me at (503) 639 -4171 x407. Sincerely, Julia Powell Haj uk Associate Planner i:ccurpinljulialholden.doc c: Dick Bewersdorff, Planning Manager Brian Rager, Development Review Engineer MLP 97 -0018 land use file Ed Wegner, Public Works Director 1998 Planning correspondence file 2/4/98 Donna Holden Letter Page 2 of 2 re: MLP 97 -0018 Drainage Concerns • • January 31, 1998 0 Richard Bewersdorff 0/4, 1999 City of Tigard Planning Division, rj�_ Tigard City Hall, - "WO 13125 SW Hall Boulevard, Tigard, Oregon, 97223 Dear Sir: Yesterday, I received the Slimick Partition (MLP 97 -0018) in the mail, and I am very concerned about the water problem we have at Dakota Knoll, (9720 to 9800 SW North Dakota) the apartment complex that appears to be directly below the Slimick property. We do have a serious problem with water continually draining through our property from the hill behind us. It runs under our buildings and through the back yards of E building creating a serious stream. I am glad to see that you also have this concern and trust that you will see this problem is taken care of in a proper method before the Slimick's are allowed to partition or build on the property. I did not understand if it was to be a complex or single family dwelling to be built there. I had not ever reported the problem to the city, as I did not realize they could do anything about it. I am leaving town this weekend, so do not have the proper appeal papers at this time. Since we had previous plans to be in Arizona for a family reunion we will not be available to attend the February 11, 1998 meeting. I hope this letter will suffice as an appeal and will place trust in you to handle the concerns in the proper manner. Thank you for your efforts. Sincerely, Donna Holden 5458 SW Murray Blvd. Beaverton, Oregon 97008 • • 4 ` } 1. - NO TICEYOF�DECISION _ MINOR PARTITIONr[MLPI 91 =0018 'PITY Of TIGA sc:_ . sa .. . . . �. .. ". , �;,.�� if�� ;:� .,ar ,. . Y .ter 120 DAYS = 4/15/98 SECTION I: APPLICATION SUMMARY CASE NO(S).: FILE NAME: SLIMICK PARTITION Minor Land Partition (MLP) 97 -0018 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 21,771.33 square feet into two (2) parcels of approximately 11,934.45 and 9,836.88 square feet. See "Site Information and Proposal Description" on page 3 for additional information on the proposed square footages. OWNER: Daniel and Mary Slimick APPLICANT: Same 11355 SW 97th Court Tigard, OR 97223 ZONING DESIGNATION: Residential, 12 units per acre; R -12. COMPREHENSIVE PLAN DESIGNATION: Residential, 12 units per acre; R -12. - LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164 SECTION II: DECISION r s Notice ikhereb yg iven that the City,of1Tigard Community Development =D rectors, a ` =; :;r,designee "the =abo Ve, request subject-to certain= cohditioris ?1 The`findings: and :conclusions on which thiedecision is based are noted.in'. IV. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 1 OF 10 . • CONDITIONS OF APPROVAL 'PRIOR- TO' THE 4APPROVAL"OPTHE FINAL' PARTITION, PLAT, THE FOLLOWING ` iCONDITIONS . SHIALLBE: SATISFIED: -(Unless otherwise noted, the staff contact `:' _ shaUHbe Brian RagerIn ,#he'Engineering- Department at(503) 63941.711:. _ 1. Provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. Staff Contact: Julia Powell Hajduk, Planning Division. 2. The lot area for both parcels must be verified by a surveyor and documentation of such verification provided to staff. Staff contact: Julia Powell Hajduk, Planning Division. 3. Obtain a street opening permit for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 4. As a part of the public improvement plan submittal, provide the Engineering Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 5. Extend sanitary sewer laterals to each parcel. If a sanitary sewer service lateral can be provided to each parcel without violating Unified Sewerage Agency (USA) regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in SW 97th Court to avoid a violation. 6. Hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 7. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." PRIOR TO; THE ISSUAN0. I DING;P 3 - 114, ' - `�THE:FO � WI a _ _ , _ •��i��.��- ��.� -,� � .� k:: M . , .. , ...... , .'O., NG CONDITIONSSHAL- L` 04Al2ISFIED z ;= w ' :� w. 8. Provide the Engineering Department with a recorded mylar copy of the partition plat. 9. Obtain a permit from the Tualatin Valley Water District for the proposed water connection. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 2 OF 10 • • 10. Obtain a site permit from the Building Division to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20- feet -wide from SW Greenburg Road to the north property line of the subject site. NOTE: the site permit is separate from the street opening permit issued by the Engineering Department for work in the public sewer easement. 11. Pay the standard water quality fee of $210 for the new lot. - •- - - TH1$ - APPROVAL'S VAUb'IIr-EXERCISEDxW[THIN EIGHTEEN _(18): °,- r . • •'a �a6 z . '� ?, � Y+aN ' � . ..<«.. c.� <.: a, � � .�. �,.... ... .-• � - • - _ � MO OF=TH EINAL� DECISIO[ DATES NOTED:UNDER. _, ,... �,:.., f w ANQ APPEAE SECTION OF THIS REPORT: , %� SECTION III: BACKGROUND INFORMATION Property History: No development applications were found to have been filed with the City. There is an existing single - family structure on the site, which will remain on proposed parcel 1. Site Information and Proposal Description: The applicant did not indicate on the proposal a parcel 1 or a parcel 2. For the purposes of preparing this decision, staff is referring to the southernmost lot as parcel 1, and the northern most lot as parcel 2. The proposal is to create two (2) lots from one (1), 21,771.33 square foot lot. Parcel 1 will have 9,836.88 square feet and Parcel 2 will have 11,934.45 square feet. The square footage indicated on the written application did not correspond with the actual dimensions provided on the site plan submitted. The applicant will be required to verify the square footages, however, for the purposes of writing this decision, staff will use the dimensions provided on the site plan. The site has an existing dwelling on proposed parcel 1 which will remain. The zoning for this property is R -12. While the medium density zoning would allow for approximately seven (7) units based on the square footage of this site, this is not possible at this time. The site currently has access via a 20- foot -wide private street. The private drive currently serves four (4) lots. The Tigard Development Code states that private streets can serve up to six (6) lots without a Planned Unit Development (PUD). Until additional street width is acquired to bring this street width up to local standards and the owner of the private drive wishes to make it a public street, it is unlikely that further development will be permitted. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR LAND PARTITION GENERAL APPROVAL CRITERIA: Section 18.162.040 contains the following general approval criteria for a Major Land Partition: NOTICE OF DECISION SUMICK PARTITION - MLP 97 -0018 PAGE 3 OF 10 • • The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. The proposed partition complies with all statutory and ordinance requirements and regulations; This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by the application and review process. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal • and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail in SPECIAL PROVISIONS, page 4. All proposed improvements meet City and applicable agency standards (Ord. 89- 06; Ord. 83 -52). The public facilities and proposed improvements will be reviewed during the construction phase, at which time the appropriate review authority will insure that the City and other applicable standards are met. FINDING: Staff finds that the criteria above have been met outright or will be met as a result of conditions imposed in this decision in further sections. SPECIAL PROVISIONS: Section 18.162.050 contains the following special provisions for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. There is no minimum lot width in the R -12 zone, therefore, this standard has been met. 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. The minimum lot area for the R -12 zone is 3,000 square feet per unit. Parcel 1 has one (1) dwelling unit and will have 9,836.88 square feet. Parcel 2 is currently vacant with 11,934.45 square feet of lot area. While both parcels exceed the minimum lot area NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 4 OF 10 • • requirement, the dimensions indicated on the application do not correspond to the dimensions provided on the tentative plan. For this reason, staff will require the square footages to be verified by the surveyor prior to Final Partition Platting. 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. Both parcels have access to SW Greenburg Road via a 20- foot -wide access easement (SW 97th Court), therefore, this standard has been satisfied. Note: Verification of easement rights will be required and is discussed further in this decision. Setbacks: Setbacks shall be as required by the applicable zoning district. Parcel 1 currently has an existing dwelling unit. The setbacks for single - family structures in R -12 are as follow: 15 -foot front yard, 5 -foot side yard, and 15 -foot rear yard. The existing structure meets all of the required setbacks. Parcel 2 is currently vacant. Any structures placed on Parcel 2 will be required to meet applicable setbacks at the time of further development proposals. 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. The proposal does not involve a flag lot, therefore, this standard does not apply. 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. This proposal does not involve a flag lot, therefore, this standard does not apply. 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. The Tualatin Valley Fire and Rescue (TVF &R) Standard #14 requires that, "Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2)" The nearest fire hydrant is at the intersection of SW 97th Court and SW Greenburg Road, approximately 200 feet to the south of the southern property line. The existing house is within 500 feet on all sides. • NOTICE OF DECISION SUMICK PARTITION - MLP 97 -0018 PAGE 5 OF 10 • • It appears that a structure placed on Parcel 2 can be located within 500 feet of the fire hydrant on all sides, however, this must be verified at time of building permits. This standard has, therefore, been satisfied. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. Southwest 97th Court is a private drive owned by tax lot 01700. It appears that the lots taking access from this private drive have easement rights to use the drive, however, the applicant did not provide evidence that such an easement exists. Accesswav: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. The Tigard Municipal Code Chapter 18.108 states that accessways serving three (3) -six (6) lots shall be 25- feet -wide with a minimum paving width of 20 feet. The existing access drive is only 20- feet -wide with minimal paving. Because the private access is existing and the partition, in itself, does not bring the street width into non - compliance, and because the minimum 20 -foot pavement width can still be met, staff is considering this satisfactory. Tigard Municipal Code Chapter 18.108 also states that "All vehicular access and egress as required in Sections 18.108.070 and 18.108.080 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuos basis." The paving of this private drive is currently not to the required 20 -foot width and is discussed in more detail under "Additional applicable standards - Streets ", page 7. Floodplain Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: Based on the analysis detailed in the criteria above, staff finds that the Special Provisions for lots created through the partition process have been satisfied with the following exceptions: 1. The application provided conflicting dimensions on the application and the site plan. In order for staff to find that the proposed parcels meet the lot area standard, the dimensions must be verified by the surveyor. 2. The applicant has not provided evidence of access rights to the private street to serve either the existing or proposed parcel. In order for staff to find that the easement criteria and accessway criteria have been met, the applicant must verify that the easement can provide access to both the existing and proposed parcel. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 6 OF 10 • • . CONDITIONS: • 1. Have the surveyor provide verification of the lot dimensions prior to final partition platting. 2. Submit evidence that the existing lot and proposed lot has access rights via an easement along the private drive, SW 97th Court. ADDITIONAL APPLICABLE STANDARDS: Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway serving 1 -2 dwelling units shall have a paved width of not less than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. Water: This site falls within the Tualatin Valley Water District (TVWD) service area. Prior to issuance of a building permit, the applicant will need to obtain water service from TVWD. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastern property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 7 OF 10 • • that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court turns to the west and SW North Dakota Street. There are no well- defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concerned with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off -site storm easements from the adjacent properties. Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application.. NOTICE OF DECISION SLIMICK PARTITION - MLP 97 -0018 PAGE 8 OF 10 • • . a Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. FINDING: Based on the analysis above, staff finds the City of Tigard street and utility improvement standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. The applicant must comply with the CONDITIONS OF APPROVAL 3 -7 indicated in this decision in order to meet the standards and obtain final plat approval and 8- 11 in order to obtain building permits. SECTION V. OTHER STAFF COMMENTS The record on this case contains the comments from each agency in its entirety. The City of Tigard Maintenance Services Department had the opportunity to review the proposal and provided comments which were discussed by the Engineering staff under the storm drainage section of the decision. Tigard Police Department had the opportunity to review the proposal and indicated that in order to provide better service, clear, legible house numbers should be visible from the private drive. Tigard Building Division had the opportunity to review the proposal and has no • objections to the proposal. SECTION VI. AGENCY COMMENTS The record on this case contains the comments from each agency in its entirety. Tualatin Valley Water District had the opportunity to review the proposal and commented that the water meter for the property will be located at SW Greenburg Road and SW 97th Court. They indicated the size required under the Uniform Plumbing Code (UPC) must be verified. NOTICE OF DECISION SUMICK PARTITION - MLP 97 -0018 PAGE 9 OF 10 • • Staff response: A condition of approval for this decision is that the applicant obtain a permit from Tualatin Valley Water District for the proposed water connection prior to issuance of building permits. Portland General Electric(PGE) had the opportunity to review the proposal and indicated they have no objections. 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: { ., ISION:SHALL ,,PM EBEIUARY .:11•;x,;1998,, ' ;? t -y 'LLM < - � , J�+:'�s-• ..t i .x• ) - 't4i "..N -�• � j • t c _ ; S N APPE ..'� .`V:s • Y>. .. �� s3%:, ,r3� .e ixr ,z:.::71sSf^w,l ° . ✓..e , . S7. x"' r�i: 4{. c" Q •. e" . �t ,.'- w'° '."kx3' +v�:Hn"' ?: oxrxi,:; 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 ten (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. THEDEADLINE FOR'FILING 3:30 =P:M ON FEBRUARY 11,1998."' � 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. January 29, 1998 PREPAR BY: Julia Po II Hajduk DATE Associate Planner _dr:7 • January 29, 1998 APPROVED BY: Richard Bewersdort1f DATE Planning Manager I :1C U R P LNU U U AW I LP,S LI M I C K. 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A Slimick Partition i • REQUEST FOR COMMENTS CITY OF TI AL E D PIA LNG Community Development Shaping 2l Better Community DATE December 19, 1997 F EB 0 41998 Cr y Of ICAFiD TO: Pete Nelson, US West Communications FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Hajdud, Associate Planner Phone: (5031 6394171 Fax: 150316841291 RE MINOR LAND PARTITION [MLPI 91 -0018 > SLIMICK PARTITION < A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19911 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: v (Tkase provide the following information) Name of Permits) Commenting: Phone Numberisl: MLP 97 -0018 SLIMICK PARTITION PROPOSAUREQUEST FOR COMMENTS ./.......7/4 r OA . / 1 . * * ‘ 1 •-- lli‘ I i '1 4 - - OM: Citof Tig i4110 I FR ard , 4i 0 70 70* 161/4 Planning Division _. Fp .._ 13125 SW Hall Blvd., Tigard, OR 9722 . , , TO: \ „ . ...•• \ ,k , T.. lipl. 1 E -,: 1- ii a S „ , . ,., . ,,, ,.- L, •,,, , , , . , , ___ • -te - :«V - d• -17J7 '' ' —°-------7 1- 7 ,...„ 57 ,..:..-, --. ric" , , 7 " . / :// / / .--"-- • •rtialli 9 - . • -.,'''' iii\■ # 1 \. 1 i 4 1 4 , 1 , 1 ' • ____---.■•■■•=11.1.1.11i • • MEMORANDUM CITY OF TIGARD, OREGON Vag/9 F DATE: 4anuafy - 98 TO: Julia Hajduk, Planning Division FROM: Brian Rager, Development Review Engineer RE: MLP 97 -0018, Slimick Partition Description: This application is for a two -lot partition, which is located at 11355 SW 97th Court (WCTM 1S1 35CA, Tax Lot 1600). Findings: 1. Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway not serving more than 2 dwelling units shall have a paved width of not less than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. 2. Water: This site falls within the Tualatin Valley Water District (TVWD) service area. Prior to issuance of a building permit, the applicant will need to obtain water service from TVWD. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 1 • • 3. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastern property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (ie, crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. 4. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court turns to the west and SW North Dakota Street. There are no well - defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concerned with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system ". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off -site storm easements from the adjacent properties. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 2 � • • Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96-44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. 6. Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. 7. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 3 • • Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 1. Prior to approval of the final plat, a Street Opening Permit will be required for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. If a sanitary sewer service lateral can be provided to each parcel without violating USA regulations (ie, crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. 4. Prior to approval of the final plat, the applicant shall hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 4 r • • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 6. Prior to issuance of a building permit, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. 7. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the building permit. 8. Prior to issuance of any building permits on this site, the applicant shall obtain a Site Permit from the Building Department to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20 feet wide from SW Greenburg Road to the north property line of the subject site. NOTE: the Site Permit is separate from the Street Opening Permit issued by the Engineering Department for work in the public sewer easement. 9. Prior to issuance of the building permit, the applicant shall pay the standard water quality fee of $ 210.00 for the new lot. i:\eng\brianr\comments\m1p97-18.bdr ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 5 • • MEMORANDUM CITY OF TIGARD, OREGON DATE: January 23, 1998 TO: Julia Hajduk, Planning Division FROM: Brian Rager, Development Review Engineer RE: MLP 97 -0018, Slimick Partition Description: This application is for a two -lot partition, which is located at 11355 SW 97th Court (WCTM 1S1 35CA, Tax Lot 1600). Findings: 1. Streets: This site does not abut a public street, but is accessed via SW 97th Court, which is currently a private street intersecting with SW Greenburg Road. The private street is partially paved for a short distance north of Greenburg Road. From there on, however, the roadway is a dirt surface with potholes and rutting at the edges. The actual driving surface is approximately 10 to 12 feet in width. The Uniform Fire Code (UFC) requires a minimum paved width of 15 feet for a private driveway not serving more than two dwellings. In addition, the Tigard Municipal Code (TMC), Section 18.108.070, states that a private driveway not serving more than 2 dwelling units shall have a paved width of not less than 10 feet. However, this private street actually serves more than two dwelling units at present, which requires a 20 -foot paved width by UFC and TMC standards. Therefore, Staff recommends that the applicant pave the driveway to a 20 -foot width to comply with the UFC and TMC requirements. The paving will need to extend from SW Greenburg Road to the north property line of the subject site. 2. Water: This site falls within the Tualatin Valley Water District (TVWD) service area. Prior to issuance of a building permit, the applicant will need to obtain water service from TVWD. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 1 • • 3. Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line in SW 97th Court that flows to the north toward SW North Dakota Street. This sewer line will have adequate capacity to serve both parcels. As a part of this partition, the applicant will be required to provide a sewer service for the existing house. The applicant's partition plan does not properly show the existing sewer line in SW 97th Court. The sewer line extends to approximately the midpoint of the eastern property line of this site in 97th Court. This property is also located approximately at the top of a small ridge and properties south of this site slope toward Greenburg Road. It appears that both proposed parcels can be served from the 97th Court sewer line without any further extension. Parcels south of this site can be served from the public sewer line in Greenburg Road. Therefore, if a service lateral can be provided to the parcel with the existing house without violating USA regulations (ie, crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If the lateral can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. 4. Storm Drainage: The topography of this site slopes toward the north. Surface water currently drains overland toward an apartment complex on the north side of where 97th Court turns to the west and SW North Dakota Street. There are no well - defined drainage ditches as is suggested on the applicant's plan and all of the surface runoff appears to flow onto the apartment complex site. The Public Works Department reported that there have not been specific drainage complaints in this area, but with further development, drainage problems will likely occur. Staff is concerned with incrementally adding additional storm water runoff to this area without ensuring satisfactory conveyance. The Uniform Plumbing Code (UPC) and the Uniform Building Code (UBC) will require that the storm water from the new house be directed to an "approved drainage system ". The City would consider a ditch system leading to a public street an approved system. However, in this case there does not appear to be an established ditch system. In addition, since storm water appears to be flowing across other properties, the applicant would not be allowed to increase the amount of runoff without securing off -site storm easements from the adjacent properties. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 2 • • Because the downstream impacts from this development are not certain, Staff recommends the applicant hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer will need to identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The engineer will need to submit proposed solutions to the Engineering Department prior to approval of the final plat. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. However, the USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in -lieu on this application. 6. Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. 7. Site Permit Required: The applicant is required to obtain a Site Permit from the Building Division to cover all private utility installations (water, sewer and storm) and the required driveway paving. This permit shall be obtained prior issuance of a building permit. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 3 • • Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 1. Prior to approval of the final plat, a Street Opening Permit will be required for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. If a sanitary sewer service lateral can be provided to each parcel without violating USA regulations (ie, crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals can not be provided without violating regulations, then the applicant will need to extend the public line far enough south in 97th Court to avoid a violation. 4. Prior to approval of the final plat, the applicant shall submit a storm drainage plan that accurately depicts the existing downstream conditions and provides a plan for how the new parcel will drain to an approved drainage system, per the UBC and UPC. The applicant is encouraged to retain the assistance of a consulting engineer. 5. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 4 s s THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 6. Prior to issuance of a building permit, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. 7. The applicant shall obtain a permit from the Tualatin Valley Water District for the proposed water connection prior to issuance of the building permit. 8. Prior to issuance of any building permits on this site, the applicant shall obtain a Site Permit from the Building Department to cover all grading for the lot(s), all private utility installation (water, swsr, storm) and the required driveway paving. The driveway shall be paved 1-k feet wide from SW Greenburg Road to the north property line of the subject site. NOTE: the Site Permit is separate from the Street Opening Permit issued by the Engineering Department for work in the public sewer easement. 9. Prior to issuance of the building permit, the applicant shall pay the standard water quality fee of $ 210.00 for the new lot. i:\eng\brianncommentsVnIp97-18.bdr ENGINEERING COMMENTS MLP 97 -0018 Slimick Partition PAGE 5 01/09/98 FRI 10:19 FAX 503 591 0986 TVWD ENGINEERING 0 001 • • 1( REQUEST FOR COMMENTS •; \ C RY OF fl �,� GARD Community Drucbpment e � Shaping r'i Better Community DATE December 19,1991 ,I CA' Shaping TO: Tualatin Valle Water District - ATM: ADMINISTRATI I ,; CES 1 :91 FRO* City of Tigard Planning Division STAFF CONTACT: Julia Powell liable. Associate Planner Phone: (50311839.4171 Fax: (50311684-1297 SE MINOR LAND PARTITION [11.P) 97 -0018 > SLIMICK PARTITION < A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18:164. Attached is the Site Plan, Vicinity Map and Aoollcaurs 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 - DECEMBER 29.1991). You may use the space provided below or attach a separate letter to return your comments. If you amenable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. , 'PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: I We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. T Written comments provided below: UOAw MA ,441 - - - o { w (u tl. l 9+ (w 6 wisk.b..444 pik ay. C( TK C V�e cz s-� �..� �-•� a,_ Iok F C. ( &1 - ..Inr , i ■ 4v k SA- 4474 t.e. — Vv..... 3 00 • j fr ftam) NameofPersonEsJcommenung : V I Phone Numbertsk LP 9.0018 SUMICK PARTITION /J ORAUACei mcni sec. c.+� • • REQUEST FOR COMMENTS CITY OFTIGARD Community Development RECEIVED PLANNING Shaping51 Better Community DATE December 19, 1991 JAN 0 5 1998 TO: Michael Miller, Operations Water Departnib'llt AMMO FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Haiduk, Associate Planner Phone: [5031639 -4111 Fax: [5031684-1291 RE MINOR LAND PARTITION [MLPI 91 -0018 ➢ SLIMICK PARTITION Q A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19911. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (ik(TS,06 OC(( 1,.l R 'o uicr AiE MEW-5F, d AYTALT LA - 77/Q Va lDi3 - r/LJ 4T Le 42- /S // / Z, . 6 e Jr' 4 4 (Please provide the foffawing information) Name of Persons) Commenting: /1.4 Phone Number(s): u 3q 5-- MLP 97 -0018 SUMICK PARTITION PROPOSAUREOUEST FOR COMMENTS • • WESTIN COMMENTS CI OF IGARD Community Development JAN 0 5 1 99B Shaping sZ Better Community DATE December 19,1991 ciri OF TIGARG TO: Jim Wolf, Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Haiduk, Associate Planner Pbooe: 150316394111 F8x: 15031684-1291 RE MINOR LAND PARTITION [MLPI 97 -0018 ➢ SLIMICK PARTITION < A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19911. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Z Written comments provided below: Ga:ac \tit) norA\cte d \s .t. 4o1V1 Q c W &WO' (o ek.) 4 (Please provide the foffowing in [ion) Name of Feminist Commenting: 6 iv , Phone Numbertsl: W.S ' 2Z4 MLP,-0018 SLIMICK PARTITION PROPOSAUREQUEST FOR COMMENTS • • REQUEST FOR COMMENTS CI OF TIGARD Community Development RECEIVED PLANNING Shaping Better Community DATE: December 19,1991 DEC 2 3 1997 TO: Brian Moore, POE CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Nelduk, Associate Planner Phone: (5031639-0m Fax (5031 684-7297 RE MINOR LAND PARTITION [MLP) 97 -0018 SLIMICK PARTITION Q A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19911. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: v (Please provide the fo ffowing nfom ation) Name of Persons] Commenting: J Phone Numberisl: 570 -44(J I MLP 97-0018 SLIMICK PARTITION PROPOSAUREOUEST FOR COMMENTS • • REQUEST FOR COMMENTS CI Of I Community Development Shaping A. Better Community DATE December 19,1991 TO: loon Roy, Property Manager FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk, Associate Planner Phone: (5031639 -4111 Fax: 15031684 -7291 RE MINOR LAND PARTITION [MLPI 91 -0018 > SLIMICK PARTITION A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Appiicants 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 - DECEMBER 29,1991). You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: f/ 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: i �✓ 3 — ,d' .... ii i „ � ■. 4' i ,0 .AolveiueA , Q iJ•% � !��Ii �% // i1._./ v J . /7 /!�” /./' r (Please provide the fodowing infomation) Name of Person[s] Commenting: Phone Number[sl: MLP 97 -0018 SLIMICK PARTITION PROPOSAL/REOUEST FOR COMMENTS • • VA. if, 1,04,4 10 ei ? N's 4,4 ,9 p aE (r 4ki.5 k4V Ed 6 -, `/ 44-1)=.6" U),43 Jo C. g • • ■ V SHADY LN ____/ m Nall 41111111 4 E j ■ a) \ Moto i - t --.1.1, . ---, 4 -- -mow I a- B u E lam um Eli I DAKOTA Cl wog ,i l HI ,1 ■ i a 1 1 7, 4 S -_ - c 772:1:61.; -iiiiiii " E Oripi All E%. 111111* III 111 1 - C NI 4 _ m Milo- P. wr Co 0) I i ��j C 1 1 I LE IS LN , P. - yam. Immo 11-___ TAN 0 LN . :, AggPki • rs1 Ii1.., ■ _ ; �� ■ \i = L Q LI Vicinity Map N MLP 97 -0018 �IS�n A Slimick Partition 1 a i a Imo' I `Pr I g ...2 a i sy —4 ° H n1 'e mai 5 sal 2 c c r, L. g _ 4 T EXISTING HOUSE ‹.- id A y [118551 I %i 5" ►� 3 = E t ea 2.1 o - vI. `0' ( q9 , ri PC 0 i 00 S.W. 91TH CT. 4 4 4 i M 0 CITY OF TIGARD PLANNING DIVISION A • • REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping A. Better Community DATE: December 19,1991 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk, Associate Planner Phone: 1503) 639-4171 Fax: 15051 684 -1297 RE MINOR LAND PARTITION [MLPI 97 -0018 > SLIMICK PARTITION Q A request for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19971. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the One date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 4zI.A'it) \iv:45-42— OvN ;0,NNAO‘rda— (Please proviufe the followin *maim) Name of Perseids] Commenting: /1A t wv� Phone Number(s): x 311 MLP 97 -0018 SUMICK PARTITION PROPOSAUREQUEST FOR COMMENTS • 0 ----- SHADY LN „Amil.t r i \ 1 `' • !-- II I ems .g a _ Di = ra . ■ _ ■ . ^' ST N ORTH DAKOTA Q ... — _ cm # . - .g. iika li E ll In I. _ a: *, 411 _ --. ■ „■, 73 1 ii ' -- ,.. II II cr-44.LL, $ 1 15 N o', <, vim.. TN's � � O I c4AN .—I I F 1 >%1 �� QTR. U • u1auu1; ■■ - I �!1�: L .. I --� L Vicinity Map N MLP 91 -0018 �ISNTTS A Slimick Partition i 0 41.60' I qel I y j ° i a ...., , cd i - b F = Ai L � „ (n z 4 1 T EXISTING <_„) -J y rnass� USE E- * ale. a I g 0 5 45 B I Fa c me 0 no b 4I. `o I 9/ i a 1 8v ' I S.W. 971E11 CT. 6o ,. 4 4 i 0. CITY OF TIGARD PLANNING DIVISION !1► J U(/ / / H eii 'J &- RECEIVED SEP 1 1 1998 comuEITY DEVE PUEOF °L4At \ WliC r c c( a.rd • 6g((‘—"s1 11 Route To: Surveyor Development Review Engineer ✓ FINAL PLAT REVIEW CHECKLIST Plat Name: Case Number(s) -'\L s97- col Address: SW I7 Ns2t 6163 C7 . 44 2 4 (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone 4ftd SA 6 PP,4L) (Fill in whennplat is dropped off) DATE RECEIVED: //a DATE FORWARDED TO SURVEY: `i (rf ht6 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity ❑ A14' 2. Curve, corner, cul -de -sac radii U ft/ / ❑ 3. Dedication, vacation, easement conveyance 0 N f LI 4. Residential Survey Certificate match the map EK Comments: G eo c.e/ ' c u e ,e,5 J Q 1�4 � By: _ � 98 ' S / y . , Surveyor's Signature Date Page 1 of 1 BENCAPRI V-0EV FLN- PLATDOT Route To: 1. Planning ✓ 2. Building 3. Engineering Tech I 4. Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: SxA<< -t _ 1•lt-P Case Number(s) .. C°1 DATE RECEIVED: la 19 , DATE FORWARDED TO PLANNING: 9l14 To: (A Planning Division Check if Check if Considered Okay 1. Phase boundaries is/A ❑ 0 2. Lot and/or tract size and configuration [ ©/ 3. Lot numbers 4. Access restrictions, reserve strips i.' /4 ❑ El 5. Condition of Approval Satisfied (or►9vve- ❑ 0 6. Public & Private streets (location, width, etc....,) ❑ El 7. Preliminary Plat approval date - 1 yr period OK ©— ®� 8. Special Deed Restrictions (C.C. &R's) ,4 ❑ ❑ 9. Open Space (Deed or Dedication) AM ❑ El 10. SPECIAL SETBACKS ARE 11. Assign Case Number (above) El ❑ Other Comments: !Ucc.:✓ "raw /de C?Op y ar r Go..o%c By: 9 9 Tanner's gnature Date FORWARDED TO BUILDING DIVISION: 9 -98 Date Page 1 of 4 IMEGPWV -0EVV1 - PLAT.DOT BUILDING DIVISION Comments: 48,a A _ QL., y., „le xv c 1 ce11rld -f" r" 4 d h 4 F 11 ) , de n e" 1-©C 1 By: C'r Building Dept. Signature Date FORWARD TO ENGINEERING DEPARTMENT (Attn.: Engineering Tech/Engineering Records) I / 1 I) f)' /2 ° Date ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable [j11 Manhole Numbers ❑ Assign Address(s) - (front page) [r]( Update City -wide maps Comments: By: ( Engineering Tech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date Page 2 of 4 LiENGPR1V- DEV1FIN- PI.ATDOr ENGINEERING DEPARTMENT Check if Okay Public Improvement Plans Approvable /Approved Public Improvement Fees/Deposits Right -of Entry, Release & Waivers, Easement ❑ (onsite - offsite) Public Improvement Agreement ❑ Public Improvement Assurance Conditions of Approval Satisfied? LI Sewer Availability Letter Prepared ❑ Joint Access, Non - Remonstrance Agreement ❑ Comments: By: Development Review Engineer's Signature Date Page 3 of 4 IfENO IV -0EV F1N- PIATDOT Returned to Surveyor for Correction BY: ge— DATE: t' l Ik Fax to County Surveyor: "OK to review" BY: U--- DATE: lz)' l 5 \,1l ° V Corrections Reviewed and Approved BY: DATE: 9 1 SI`t Forwarded for City Signatures BY: tU DATE: ci IV? t o i c t Copy of Signed Plat Made and Put in File BY: DATE: q I l(, (SA Released to Developer for Recording BY: DATE: Authorize Eng. Tech Ito release addresses BY: Date: Copy of Signed Plat to DST's BY: Date: _ Page 4 of 4 LiFNOPRIV -0EW IN4'LATJXYF .. 1, ZTec Engineers, Inc. Civil - Structural - Surveying 3737 S.E. 8th Avenue John Mcl. Middleton, P.E. Portland, Oregon 97202 Ronald II. Sellards, P.E. Chris C. Fischborn, P.L.S (503) 235 -8795 Dean P. 7.arosinski, P.E. FAX (503) 233 -7889 f.E.•. 1 `17 -er)1 August 4, 1998 l)p j t (3.) ,&-s-54-7 Dan Slimick 11355 S. W. 97` Crt. Tigard, OR 97223 Re: Storm Drain Calcs Dear Dan, Enclosed is a copy of calcs and sketch plan for storm water roof runoff disposal. The system uses a combination dispersion/infiltration trench. You can use any trench backfill material acceptable to City of Tigard. Please call if you have any questions. Yours Truly, ZT c Engine;. rs, Inc l I ! hn McL. Middleton, P.E. JMM /mjh M ji-, k 44- 4-61S c' sr,, \ 4 t, \L (c(\,.�. -- „ ie . , L.0.� VL 9� L Vu. .CC . .„, f..)(i GL” A SnineSIC.S °-- c & r e. ftAe 1e-, .- f / JOB )A ^i S L--1 l''% ( �. ZTec ENGINEERS, INC. SHEET NO. ' OF 3737 SE 8th Avenue ^ PORTLAND, OREGON 97202 -3761 CALCULATED BY DATE I 3 I - (503) 235 -8795 J CHECKED BY DATE � / 3 S S S � W • / Z C-2.- I SCALE L t r1 C.44_ -� A C2 --r t "Zt a r.I M t—P • — o Ica S 2 1 S o S Z• L �C> 2 /U —vJ N o r-t a — No 2 4gv�T s 0 2v-\ e v' LA 1_ -- v € 1 of A v 'z' I-4 S P T , g / ! p — 6 – d , Q a a27r -4.4 S i �� c rJ ? = ` 2C I r-t r 1 A -T Es �- `� � �_..) ►J S T/LE ✓� of S!T4s-- F co r w' 5 N i Cr --CIO v .So , L. C V'"N. P S -7" 3 – 7 a (5( 1\_ R s f 1 O , C, -r o 2. O i/ A/ 2 T o / S c . 2 -r C , es, ~ l? 2 Y S4--? UH7 Nev - r)-4 -r 1v 5 ca 2F• G E ._ Sc /..Ybc E-PS/2 e �y L . _ / 1- ; o pG 2 5 / d . T2 r-✓ C- LC; ?' / / 2 4),!3C) -2 - r - J " S ; G �,'r + � w 1 T I-) 1> L b L,- SCf 7" PPL►= F r --oo ►� !,,1 -: _" , L �. c�i �`: A r�� - i; O 1p. C L " JOB 1 Vl Y , ZTec ENGINEERS, INC. SHEET NO. OF OF 3737 SE 8th Avenue t _3_ PORTLAND, OREGON 97202 -3761 CALCULATED BY DATE1 (503) 235 -8795 CHECKED BY DATE SCALE c I N -Z d 14 V C 2 - P (2.---✓\ r Cd, %.1 — O , C.015 / D -0 M 11J - 7 ero k A L -- . = O d / (o A Z— S I 2 - - T -+4-A ZS 1 T O f P 2-v 6-2 _ /2 p.47--\1 .–_l I o v S , ) r-1 1 �' 22- /c J S G- D , =='3 G ft O. d o S A I C c l � a (2 Z '7 2 S -moo /2 -, 2,5 Pcz = O, a 1 - "C/zs —.. , J z x ? c.;. >& < �d ' °rr�c -�J •r t_ c— Ls , , -r C 2 a qt. 5 - fv 41-1 2 S A._ 3 � O e , / - S F6Z \ t „) ' � S - c c)t2-• Cr-, -= Z8 F T V o L. l U Zc{�' x2 (�-'' x = o . 3 _Th x Z. x Z 08 -03 - 1998 9:33 AM hA■ 1%.\ Gti 3o F S SPECIFY STORM OPTION: 1 S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 2,24,2.5 * * * * * * * * * * * * * * * * * * ** S.C.S. TYPE-1A DISTRIBUTION * * * * * * * * * * * * * * * * * * ** * * * * * * * ** 2 -YEAR 24 -HOUR STORM * * ** 2.50" TOTAL PRECIP. * * * * * * * ** ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 .008,85,.008,98,5 DATA PRINT -OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN .0 .0 85.0 .0 98.0 5.0 PEAK- Q(CFS) T- PEAK(HRS) VOL(CU -FT) .01 7.67 100 ENTER [d:][path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: 08 -03 -1998 9:31 AM 1) TYPE OF FACILITY: GRAVEL TRENCH /BED 2) STORAGE DEPTH(ft): 1.50 3) VERTICAL PERMEABILITY(min /in): 100.00 4) PRIMARY DESIGN HYDROGRAPH FILENAME: a:dan.hyd 5) PRIMARY RELEASE RATE(cfs): .00 6) NUMBER OF TEST HYDROGRAPHS: 0 7) NUMBER -OF- ORIFICES, RISER - HEAD(ft), RISER- DIAM(in): 0, 1.50, 6 8) ITERATION DISPLAY: NO ENTER ITEM NUMBER TO BE REVISED (ENTER ZERO IF NO REVISIONS ARE REQUIRED): 0 INITIAL STORAGE VALUE FOR ITERATION PURPOSES: 12 CU -FT PERFORMANCE: INFLOW TARGET - OUTFLOW ACTUAL - OUTFLOW PK -STAGE STORAGE DESIGN HYD: .01 .00 .00 1.48 11 SPECIFY: D - DOCUMENT, R - REVISE, A - ADJUST ORIF, E - ENLARGE, S - STOP 08 -03 -1998 9:56 AM - 8 S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 25,24,3.9 * * * * * * * * * * * * * * * * * * ** S.C.S. TYPE-1A DISTRIBUTION * * * * * * * * * * * * * * * * * * ** * * * * * * * ** 25 -YEAR 24 -HOUR STORM * * ** 3.90" TOTAL PRECIP. * * * * * * * ** ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 .008,85,.008,98,5 DATA PRINT -OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN .0 .0 85.0 .0 98.0 5.0 PEAK - Q(CFS) T- PEAK(HRS) VOL(CU -FT) .01 7.67 175 ENTER [d:][path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: a:25dan.hyd SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP 08 -03 -1998 10:28 AM 1) TYPE OF FACILITY: GRAVEL TRENCH /BED 2) STORAGE DEPTH(ft): 2.00 3) VERTICAL PERMEABILITY(min /in): 100.00 4) PRIMARY DESIGN HYDROGRAPH FILENAME: a:25dan.hyd 5) PRIMARY RELEASE RATE(cfs): .00 6) NUMBER OF TEST HYDROGRAPHS: 0 7) NUMBER -OF- ORIFICES, RISER - HEAD(ft), RISER- DIAM(in): 0, 2.00, 6 8) ITERATION DISPLAY: NO ENTER ITEM NUMBER TO BE REVISED (ENTER ZERO IF NO REVISIONS ARE REQUIRED): 0 INITIAL STORAGE VALUE FOR ITERATION PURPOSES: 30 CU -FT PERFORMANCE: INFLOW TARGET - OUTFLOW ACTUAL - OUTFLOW PK -STAGE STORAGE DESIGN HYD: .01 .00 .00 1.98 28 SPECIFY-: D - DOCUMENT, R - REVISE, A - ADJUST ORIF, E - ENLARGE, S - STOP All roof runoff from lots in new plats and short plats must be either infiltrated or dispersed, or stub - outs to the plat drainage system must be provided. Where lots are less than 22,000 square feet and infiltration is feasible, infiltration is required either on the individual lot (see Section 4.5.1) or within the plat. If infiltration is not feasible and the dispersion criteria are met, dispersion is allowed (see below). If infiltration or dispersion is not feasible, stub -outs shall be used to connect the roof drains to the plat drainage system (where there is a pipe drainage system). Connections to the stub -outs shall be perforated connections, as described below. Dispersion of roof runoff is required on residential lots in new plats and short plats which are larger than 22,000 square feet. The dispersion on lots exceeding 22,000 square feet may consist of either splash blocks at the downspouts or a downspout dispersion system, as described below. The system must be designed so that no significant erosion or flooding problems are created. The discharge points should be at least 50 feet from roadways or storm water collection systems and the area downstream should be vegetated for a distance of at least 50 feet. On large lots with dispersion systems where the distance to the property line, roadways and drainage collection points is at least 50 feet, the roof areas that are dispersed may be modeled as grassed rather than impervious area for plat or short plat R/D design. If the 50 foot minimum distance cannot be met, and the discharge can travel over at least 25 feet of vegetation before leaving the property, 50% of the dispersed roof area may be modeled as grassed pervious surface. Where the risk of a significant flooding or erosion problem exists or the travel path to the property line is less than 25 feet, a perforated stub -out connection (as described below) will be allowed, but no reduction of impervious area for flow control calculations will be allowed. Dispersion of roof runoff is allowed on residential lots from 9600 to 22,000 square feet where the overflow can travel over at least 25 feet of vegetated area before leaving the property and does not pose a significant flooding or erosion problem. Dispersion trenches (as described below) or splash blocks may be used. Where dispersion trenches are used, 50% of the dispersed roof area may be modeled as grass covered pervious soil when sizing R/D facilities. No reduction in impervious area calculation is allowed where splash blocks are used. Stub -outs shall be provided for lots which do not disperse roof runoff, and stub -outs may be provided to all lots to collect drainage from footing drains, driveway drains, etc. The stub -out connections shall be perforated, as described below. Dispersion of roof runoff is allowed on residential lots less than 9600 square feet where the overflow from the discharge points can travel over at least 25 feet of vegetated area before leaving the property and does not pose a significant flooding or erosion problem. Dispersion trenches or splash blocks may be used. No reduction in impervious area will be allowed on lots less than 9600 square feet. Stub -outs must be provided on all lots less than 9600 square feet. Where roof drains are connected to the stub -outs, a perforated connection shall be used. TABLE 4.5.6 DISPERSION CRITERIA SUMMARY LOT SIZE >22,000 SF 9600- 22,000 <9600 SF Dispersion Trench OK, CR• OK, CR - OK, NC Splash Blocks OK, CR OK, NC OK, NC Perforated Stub -out OK, NC' OK, NC OK, NC Credit See Note 1 See Note 2 None ' CR = CREDIT, NC = NO CREDIT. Note 1: Where the travel distance is at least 50 feet, 100% of the impervious roof area may be modeled as grassed pervious area when calculating required R/D size. Where the travel distance is between 25 and 50 feet, 50% of the impervious roof area may be modeled as grassed pervious area when calculating required R/D size. LEVEL 4 04°0 O O p O It OUTLET 0 0pO O p 0O _� 0 p ° ° 0 0 ° ° O 0 0 _� p 0 p 04 Q _� 3.�5£ Z t �0 0°00°0 °0A0 { p Op v 0 O p (1, C7 4' PERE PIPE o ° T /S 18" MIN 0 Q O° r : ° 0pQ 1 /2 T e...0 SL�� • ° - 1' WASHED ROCK 0 p° c) 4, p0 O ° ° O A Q 0 °0 ° ° p °pOp 0 p 1 --- 24 . MIN 1 TRENCH X SECTION SLOPE -...- • 25'MIN PROPER LINE (VEGETATED) 700 700 SO FT SO FT MAX MAX 2' X 10' LEVEL 700 TRENCHES SO Ff • YAX SMALL CATCH BASIN • PLAN VIEW OF ROOF • CORRECTLY SURVEYED G :L) REPRESENTED ON THE LOT 7, 'GREENBERG 4RTER OF SECTION 35, - 4 ME TTE MERIDIAN, CITY .AT THE INITIAL POINT / k/D AT THE NORTHEAST • •.:E S 00'44'40" W ALONG :SWAY AS SHOWN ON THE -IENCE LEAVING SAID • =NCE N 0044'40" E 180.60 FEET TO THE E ALONG SAID NORTH QISTERED >FESSIO } ..SURVE R /' „.i l JREGON ...SLIMY 15, 1187 LLD P. SALO s/8 i.R. DOWN 0.4' 2284 3/ 4 %P. DOWN 0.4' :: JUNE 30, 2000 [S. V . ,1412 [ORIGIN UNKNOWN] S 6 4, '08” W 1.89 S 00 26'00" E 2.05' - L _, S 89"34' BASIS OF BEARINGS (297.65')SI N 89'34'00' E 297.56' ------ f n177.01' rn 3,/4 "1.P. UP 0.2' i (177.1')S1 1� '2 "l. P. DOWN 0.1' [S.N. 5331] i [S.N. 5331] HELD E-W n ��N A N 0044'40" E 0.20' PER • •-0018. . ,o 6 7 r - VD USED .:',j 0 0 I ' ai o L OCA TED I °i SIT G R E E N;B E R G to� O HERS j - - - '/CE OF i H E I G H T S xx- .S. • • • • • 4 PARTITION PLA • T • RECORDED AS DOCUM BEING A PORTION OF LO' IN THE SW 1/4 SEC CITY 0 WASHINGTON SEPTEMBER 4, 1C CITY OF TIGARD FIL SURVE ANDY PARIS AND 15962 BOONES FE! LAKE OSWEGO, OF PH: 6: DECLARATION KNOW ALL PEOPLE BY T7-HE: SLIMICK ARE THE OWNERS c MAP AND MORE PAR77CULA CERTIFICATE AND HAVE CAL INTO PARCELS AS SHOWN I- OF CHAPTER 92 OF THE OF :''.P. DOWN 0.4' 'C!N UNKNOWN] '326 E 2.05 (165.60')S.N. 18373 - S 89'34'00' W 165.76' DANIEL SLIMICK N 89'34'00" E o (297.65')S1 3 297.56' " • ACKNOWLEDGEMENT • 1 20.55' ' g � INITIAL POINT 20.00' 4 STATE OF OREGON . (120.55')D. NE CORNER LOT 7, g COUNTY OF WASHINGTON "GREENBERG HEIGHTS" cn 3/4 /. P. FLUSH IN N KNOW ALL PEOPLE BY THE'. ASPHALT, HELD (ORIGIN UNKNOWNS 1 SAID STATE AND COUNTY P SLIMICK, WHO BEING DULY 7 -1/4" GALVANIZED PERSONS NAMED IN THE FO I. P. UP 0.7' SAID INSTRUMENT FREELY A [ORIGIN UNKNOWN] PARCEL 2 a N 8975 20" W 0.72' 11,932 S.F. 0, b o iI cO co LO CO O O O 07 CO °o co (297.65')S1 L Q 297.56' �' ACKNOWLEOG — /� 120.55' INITIAL POINT 20.0 g STATE OF OREGON: (120.55 '. DOWN 0.1 " NE CORNER LOT 7, .g") g COUNTY OF WASH. 5331] "GREENBERG HEIGHTS 5:- W J/4'/.P. FLUSH /P! c w N KNOW ALL PEOPL E 4' E 0.20' ASPHALT, HELD _ [ORIGIN UNKNOWN] 1 _ SAID STATE AND • SLIMICK, WW-/O BF_l. ". 7 - 1/4 " GALVANIZED PERSONS NAMED SAID /NSTRUMEN7 I.P. • UP 0.7' (ORIGIN UNKNOWN] PARCEL 2 o N 8915'20" W 0.2' 11,932 S.F. °' O p as c0 03 APPRO V, • APPROVED N 89'34'00" E 120.55' O CITY OF T7G . W L g 3 APPROVED Q P oo 0o BY` z z PARCEL 1 cn y ( 44-i WASH/NGTO/ v 6 9,835 S.F. m V ALL TAXES, r - ao m BY O.R.S. 9. X 1 ?" I. P. FLUSH DIRECTOR, 1. i WASHING TO^ N 2956'51" E 1.91' [ORIGIN UNKNOWN] BY DEPUTY STA TE OF u• FLUSH S 89'34'00' W 120.55' COUNTY Of UNKNOWN] (S 89'34' W 120.55')0. =4'40" E 0.4' 3;4 P. DOWN 0.2' I DO HEREE N 00 44'40" E 0.15' /?ECE/VED r c [ORIGIN UNKNOWN] AT C RECORDS. BY: DEPUTY' STATE OF C. i COUNTY OF 1 DO HEREB:- SURVEYOR D. OF THE ORI IN THE COUP. ..-. ( BY: DEPUTY • FAX. TRANSMITTAL - mamma �11 Date October 15, 1998 Number of pages including cover sheet 1 To: George Wiser From: Brian Rager Co: WACO Surveyor's Office Co: City of Tigard Fax #: 681 -2909 Fax #: 684 -7297 Ph #: 639 -4171, Ext. 318 SUBJECT: Slimick Partition (our case # MLP 97 -0018 MESSAGE: We have reviewed the final plat for this and are also issuing a permit for work in the public ROW. We are OK with you putting this one in line for your review. Thanks. 1:1ENGIFAXOOT 10/15/98 16:20 $503 684 7297 CITY OF TIGARD (j001 J_ - $$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$ ACTIVITY REPORT $$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$ TRANSMISSION OK TX /R% NO. 8740 CONNECTION TEL 503 681 2909 CONNECTION ID START TIME 10/15 16:20 USAGE TIME 00'28 PAGES 1 RESULT OK FAX.TRANSM1TTAL • , 41 7 mesas Date October 15, 1998 Number of pages including cover sheet 9 • r To: George Wiser From: Brian Racier q Co: WACO Surveyor's Office Co: City of Ti gard Fax #: 681 -2909 Fax #: 684 -7297 Ph #: 639 -4171, Ext. 318 SUBJECT: Slimick Partition (our case # MLP 97 -0018 MESSAGE: We have reviewed the final plat for this and are also issuing a permit for work in the public ROW. We are OK with you putting this one in line for your review. Thanks. ZTec Engineers, Inc. Civil - Structural - Surveying 3737 S.E. 8th Avenue John Mcl. Middleton, P.E Portland, Oregon 97202 Ronald B. Sellards, P.E. Chris C. Fischborn, P.L.S. (503) 235 -8795 Dean P. Zarosinski, PE. FAX (503) 233 -7889 September 9, 1998 ECI11V7 Brian Rager, P.E. , _ City of Tigard SAP 1 11998 13125 SW Hall Blvd. CITYS Tigard, OR 97223 O ,�'f �,� RE: Dan Slimick Storm Drain Disposal Dear Brian, As we discussed last week, I've revised my storm drain plan for the new Slimick residence to incorporate a storm water detention pipe limiting outflow to the pre - development rate. Since there is no storm drain system in the vicinity, the controlled outflow is directed to a dispersion/infiltration trench to simulate the runoff from the site in pre- development condition. Downstream properties may be impacted by runoff from this site. The purpose of this design is to limit the impact to the same as they experience in the current conditions. Please call if you have any questions. Yours truly, ZTec Engineers, I ohn McL. Middleton, P.E. JMM /lp Cc: Dan Slimick JOB -' 1) N) L► Vet L 1Z ZTec ENGINEERS, INC. SHEET NO 1 OF 3 3737 SE 8th Avenue G c PORTLAND, OREGON 97202 -3761 CALCULATED BY N1 DATE 1 1 (503) 235 -8795 CHECKED BY DATE SCALE I LS . S' Z G- A L. C 0 2i 91., P-A 5 r.) 7 t 0 r-) T o 1 rel - r /Z a (-f Fp C) N\ 2 5 5 - e - 0 2 " )e' �- F 6L 1 vG E 2v N a F R4 c_44,1“1_6te A G—C-/ P ‘-e ' H c; s Z.., 0 O , 0 e 0 44-6,4 o' ' S cT S !_...o P E L__) • 8 n O. Cl C Sa o bi a 0 � 8 ( 0 x (d o = 0.0 2.5") .5 (6 , os , F Z.6 "(2_ ZS 14R 776 A O , 0 3 ,� S — ZS `I fZ z-Lef-t 2 S rDa∎A- v N�c ✓ c LO -PE „O mum" flif cr. roe ✓*"` ^� SL.i. M∎ L� ZTec ENGINEERS, INC. SHEET NO OF 3 3737 SE 8th Avenue 9 p _ PORTLAND, OREGON 97202 -3761 CALCULATED BY DATE f (503) 235 -8795 CHECKED BY DATE SCALE o R ur J -- e__a ZS yfz S�a2 o . IA d1-2sC- A _ O, 0 C.` = 9 a L I rra.,,3 c,_ S -- 2S tr 2 214- N L ev‘-LO P 3 - 7 S C--E. A -r E C rJ C- ,-�1.4 S T oA� �j-� -p I •P& 7 ' o f 2' c4- `' A / . 7 6,7 Er' -r zik &-E I: a/ / G'HCC -lam STo GE J AJ 3 , v72 iv) . Va L I) 4; J. S = )O. Co F ri, 6-- "7 1 8 P' P6 _ (37- /O, 6) _ / 5 ' , Q£.. ► c- e , Q e›..03 c. s 0 3z o► C,i A j Z h �-= /,&C = 0 9 IAA) SbelIC(2 SPECIFY STORM OPTION: - ' 1 30 S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 25,24,3.9 * * * * * * * * * * * * * * * * * * ** S.C.S. TYPE-1A DISTRIBUTION * * * * * * * * * * * * * * * * * * ** * * * * * * * ** 25 -YEAR 24 -HOUR STORM * * ** 3.90" TOTAL PRECIP. * * * * * * * ** ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 . DATA PRINT -OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN .0 .0 85.0 .0 98.0 5.1 PEAK - Q(CFS) T- PEAK(HRS) VOL(CU -FT) .03 7.67 395 * * * ** * * * * * * * * * * * * * ** S.C.S. TYPE-1A DISTRIBUTION * * * * * * * * * * * * * * * * * * ** * * * * * * * ** 25 -YEAR 24 -HOUR STORM * * ** 3.90" TOTAL PRECIP. * * * * * * * ** ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 1 0,85,.046,98,1 DATA PRINT -OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN .0 .0 85.0 .0 98.0 1.0 PEAK - Q(CFS) T PEAK(HRS) VOL(CU -FT) .06 7.67 612 ENTER [d:][path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: a:dslim25.hyd 1) TYPE OF FACILITY: TANK 2) TANK DIAMETER(ft), STORAGE DEPTH(ft): 1.50, 1.50 3) VERTICAL PERMEABILITY(min /in): .00 4) PRIMARY DESIGN HYDROGRAPH FILENAME: a:dslim25.hyd 5) PRIMARY RELEASE RATE(cfs): .03 6) NUMBER OF TEST HYDROGRAPHS: 0 7) NUMBER -OF- ORIFICES, RISER - HEAD(ft), RISER- DIAM(in): 1, 1.50, 6 8) ITERATION DISPLAY: NO ENTER ITEM NUMBER TO BE REVISED (ENTER ZERO IF NO REVISIONS ARE REQUIRED): 0 INITIAL STORAGE VALUE FOR ITERATION PURPOSES: 252 CU -FT SINGLE ORIFICE RESTRICTOR: DIA= .95" PERFORMANCE: INFLOW TARGET - OUTFLOW ACTUAL - OUTFLOW PK -STAGE STORAGE DESIGN HYD: .06 .03 .03 1.50 37 SPECIFY: D - DOCUMENT, R - REVISE, A - ADJUST ORIF, E - ENLARGE, S - STOP • 4/19/01 Conditions Associated with Case #: MLP97 -00018 turRA. ck- 11:40:39 y _ , � �� Cond. Stat. Changed Up.a ed Code Title Hold Status Changed By Tag Updated By 0001 VERIFY EASEMNT ACCESS RIGHTS PRVD Met 10/15/98 10/15/98 JPH Provide verification that the applicant has easement access rights to use SW 97th Court for both the existing and proposed lot. STAFF CONTACT: Julia Powell Hajduk, Planning Division. 0001 SURVEYOR VERIFIED /DOCUMENT PRVD'D Met 9/17/98 9/17/98 JPH The lot area for both parcels must be verified by a surveyor and documentation of such verification provided to staff. STAFF CONTACT: Julia Powell Hajduk, Planning Division. 0003 STREET OPENING PERMIT /P -IMP PLANS Met 10/30/98 10/30/98 BDR Obtain a Street Opening Permit for this project to cover the public sewer connections for the parcels. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 0002 PRVD P -IMP PLAN /COMPL AGRMNT INFO Met 10/30/98 10/30/98 BDR As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 0001 EXTND S /SEWER LATERALS TO PARCELS Met 10/30/98 10/30/98 BDR Extend sanitary sewer laterals to each parcel. If a sanitary sewer service lateral can be provided to each parcel without violating Unified Sewerage Agency (USA) regulations (i.e., crossing the adjacent parcel with the private lateral), then the applicant will not have to extend the public line further south. If laterals cannot be provided without violating regulations, then the applicant will need to extend the public line far enough south in SW 97th Court to avoid a violation. 0001 CIVIL ENG PREPARE DWNSTREAM ANLYS Met 10/30/98 10/30/98 BDR Hire a civil engineer to prepare a downstream analysis according to USA guidelines. The engineer shall identify potential solutions for properly disposing of the site runoff without impacting downstream properties. 0001 EROSION CTRL PRVD W/P -IMP DRAWNGS Met 10/30/98 10/30/98 BDR Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 0001 PRVD RECORDED MYLAR OF P -PLAT Not Met 2/23/98 SMW Provide the Engineering Department with a recorded mylar copy of the partition plat. 0001 OBTAIN TVWD PERMIT TO CONNECT H2O Not Met 2/23/98 SMW Obtain a permit from the Tualatin Valley Water District for the proposed water connection. 0001 OBTAIN SITE PERMIT FOR GRADING Not Met 2/23/98 SMW Obtain a site permit from the Building Division to cover all grading for the lot(s), all private utility installation (water, sewer, storm) and the required driveway paving. The driveway shall be paved 20 -feet wide from SW Greenburg Road to the north property line of the subject site. NOTE: the site permit is separate from the street opening permit issued by the Engineering Department for work in the public sewer easement. 0001 PAY STANDARD H2O QUALITY FEE Not Met 2/23/98 SMW Pay the standard water quality fee of $210 for the new lot. Page 1 of 1 .1 . sCf011411‘D----m".11r— \ / 1 ■ 1 I / S.W. 9. H CT. Z ____ - -- - - - - - _ - - - -- W j � I - i � T Z ; % DOWNSPOUT Q i i T- COLLECTION I a I 1 PI a_ .1 ( _ n- , h-1 ■ _ *. — L ' V I a i PROPOSE v ~i I HOUSE f R CD , SMALL PLASTIC TOTAL AR = I CATCH BASIN 2002 Sq. t. . 6" TRAP EXISTING HOUSE �� (11355) I � ow 1 s olA. NOTE. PLUG - W /6" CLEANOUT • I • 1 4c 1 - I. LOCATE DISPERSION /INFILTRATION TRENCH LEVEL, CLEAR OF SIGNIFICANT VEGETATION AND WITH 10' MIN. 4 „ 18" DIA. NOTED CLEARANCES I CLR. - DETENTION PIPE SEE ATTACHED DETAIL I I ' -15' ill 2. OWNER MAY USE ALTERNATIVE DISPERSION I TRENCH BACKFILL MATERIAL WITH CITY OF 45' DISPERSION/ 36" DIA. CONTROL TIGARD APPROVAL INFILTRATION TRENCH, ! STRUCTURE, SEE ( I SEE TYPICAL TRENCH DETAIL L _/_ p ` DETAIL 3. STORM DETENTION BURIED PIPE SYSTEM ' SEE ATTACHED DETAIL cc L _____ / 1 i I `` i ^ 1 91 Q , I { , I J i 1 i pii ,. ...a„- i f \ I 0 X ! \ (N 0 mesa et /mom Mix a,E wf ogsvi 1 /� 3.12=1 so DRAIN DESIGN a� E25.30-1 ZTc c 7 E NGINEERS INC . >,> , 3737 S.E. 8TH AVE., PORTLAND, OR. 97 DAN SLIMICK .at,: PHONE: (503) 235 -8795 1 OF 2 FAX: (503) 233 -7889 PLOT MIL SEPT. 9. 1988 ztEc G1O FRE:E2530 -IAONG 6" CLEANOUT STAINLESS STEEL BAND --. /- �. 1 STRAP TO WALL Lk J u 2 ' • 6" CLR MIN. _ f O 0 18" DETENTION PIPE 0 ' � 4" PERF. PVC 18 CAP 1% SLOPE ORIFICE CONTROL n _ _ 1 DIA. PVC Q 15' -- \/ \ T 1 6 END PERFORATIONS f • HDPE PIPE • 2.5' 2' .' W/ GASKET JOINTS • I . w —4" ®1% MIN. LEVEL i • OUTLET _�-- 3' DIA. CONC. ID A. .• .. �� PIPE W/ CONC. BASE 4 — �� ALTERNATIVE HDPE y-- MANHOLE MAY BE USED • 1 a • ..4 e 4" PERF. PIPE DET ENTION PIPE E DETAIL N 4 ° .•: . I /2" -I" WASHED ROCK 1 " =2' —1-1 24" MIN. I--- DISPERSION /INFILTRATION TRENCH X- SECTION N.T.S. U - /n At I / / . r/ . - Oa" GON Ab � ( / 1 14, 10..:\0 . �cL M10 MY MOON n AMMO as MAIN ySX I -9a 9 9If �' M°` E2530 JIM . OM ZTec ENGINEERS 2 INC MU STORM DRAIN DET ___ Mt ow 3737 S.E. 8TH AVE., PORTLAND. OR. 97202 DAN SLIMICK ,i PHONE: (5O3) 235 -8795 FAX: (503) 233 -7889 2 OF 2 PLOT DATE SEPT. 9, 1CGS DEC CO A PLE253O- 1A.ORB — -F -- _ _ SUPS VEYOR'S CERTIFICATE TIFl CA TE C :. ..: , e 1, HAROLD P SALO DO HEREBY SAY 771AT 1 HAVE CORREC77_Y SURVEYED _ AND MARKED mu? PROPER MONUMENTS IHE LAND REPRESENTED ON THE 3 DOCUMENT NO. ATTACHED PARTITION PLAT, BEING A PORTION OF LOT 7, "GREENBERG HEIGHTS", SITUATE - D IN THE SOUTHWEST UNF- QUARTER OF S E C T I O N 35, s . � t " . `� _ ) � �J � A 'PORTION C +® 7, � lOrbTJSf] /1' 1 SOUTH, RANGE 1 WEST OF THE WIT f AMETIE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON, THAT AT THE INITIAL POINT l ", �� E s: FOUND A .1/4" IRON PIPE R US/ -I WI1H NE GROI/ND At DIE NORT1-IEAST GG. r �,r CORNER OF 1.01 /, "GREENBERG HEIGHT. ", THENCE S 00'44'40" W ALONG ��- y `. W. . 111E WESTER! Y LINE OF A 20.00 F007 WIDE ROADWAY AS ON 71 L PI Al OF "GREENBERG HEIGHTS , 180 60 EEL I; ]HENCE LEAVING SAID CITY OF TIGARD W'ESTLRLY LINE, S 8934'()0" W 120.55 FEET, /HENCE N 0044'4O" F NOT. . THIS PARTITION 'I AT IS SUBJECT TO THE CONDITIONS COUNTY ' OREGON PARALI El WI 1H THE EASTERLY LINE OF SAID 1 u I, 1 60 TEE 1 TO TT IE OF APPROVAL PER CITY OF 77GAR 1 + D CASE FILE NO. ,. -,�.; •i l� ` NORM LINE OF SAID LOT 7 if /ENC.E N 89`34'00" E ALONG SAID NORTH MLP 97 - 0018. LINE, 120 55 FEET TO 111E INITIAL POINT ` JLY 28, 1999 SCALE 14= 0s CONTAINING 21,767 SQUARE FEET ....,-,...---.....------)1 CITY F 'CARD FILE NO MLR 97 —0018 PROFESSIONAL SURVEYS') EY i LAN? a A o `7 AN PARES AND ASSOCIATES, INC. i � I HEREBY CERTIFY THAT THIS TRACING ._'D 2 I FERRY ROAD, SUITE i , , / / IS AN EXACT COPY OF 77-1E ORIGINAL - r.l GS'�'v UREGuH y %035 -4351 � "�' PAR77770N PLAT - 3 ,' W ,,.� PH: 630 341 OR EGON C3- %�; HAROLD P SALO '�- _ T7I lGr,v ' PUBLIC I ^ SC 22t4 ) 10.( L')t ='LE BY 77-IESE PRESENTS 17-IAT DAIrI! - - - I 1 , {; CK AND f >i,- ': , F „ .e... _.. SLIw + A,t'r THE OWNERS OF THE LAC\D REPRESS ON THE ANNE i __ EXPIRES. JUNE 30, 2000 ( f 1- PARTICULARLY I' /FF-D IN THE ALL; trl'ANYI,'VG \ CUl1NT� N ` �U(t ,,, )' .. LK7i/ i AND ' E CAUSED THE `( r'r SUR +. , ` � , . T A E � r ^ - . s 7 MA /1 'C 6 7 1 j" w AND - 4 ', ; 4I JIVED INTO PARCELS AS SHOWN H (KE Gr _RECN :NC / PLAT G( 1; Cr " y T , ;. IONS OF CHAPTER 9.. CF THE O t, RRE - E0 ST.' 77.,') ' ?' ! � ` 5 i6 "LR DOWN 0 I I , I r 3 -1/4 AL UMINUM DISK - is 2 0 / [S.N 1741 /34 "LP D OWN' �' : _� - + " l • , IN MONUIvfENT BOX SW 6 I (ORIGIN UNKNU 1 wti� -�� , �a s r' I Y /, OLC - 5 4 CORNER DLC NO 5 126 3 16 41 '08" W 1.89\ I S 00 "/ 6 ' 00 " E 5 ' ( � ` _ 7 � , � c 0 A1 ' y D 1(....n MARY ' 11 f:� 65 60' S N. 83 89 34 W - - USB BK 3, G. 245 __�� .,-' I - - - -- — �� ST ATION NAME 3 14.5 -- :y 4 Ti p 1981 �1 `r ' GEODETIC CON7kOl MONUMENT o UL TO 0\ N O 336 OF SURVEY Y GC 14 _`� , N £9'34' " - o �_ BASIS OF L EA E X 297 56 )x1 ` \,,. N AC K/ :: T,/ EC, CEl ENT „ " / N 89'34'00" E - — C. - — � . m �.� 20.00 STATE OREGON ) 120 55 IN /TPA/ POINT 4. s s 177.01 % o 1 (120 55')D. s C PV - r',' t)F t ASHINGTON ) ! 1 IJ uOWN 0.1' t -- — - r - -- - -- — - - r r te , (;. 3 /4 "LP UP 0 (1`77.1') 2 "I / Tti.IJ 53517 CALLED IN DOCUMENT NE CORNER LOT 7, v ! U� k 1''_;PLF_ BY THESE 1 - 1\'TS, ON THIS_- __ 5 —DAY OF i , A IA i,� A 7�1 ! [s. �5 - b 1]'71 "GkEt ^, - ' HEIGHTS" TL j V 1 ��_,\ � . 1 __I ;' FORE T ME Ni. t k `' 1 A; : OR j S.1V. 53 51] XISTING SEW / = 3 �4'; ' r!_USN lIN ! _ ,,, �; ,: ' , ,. , OUidTY PFR��v,v, - _r_ I APPEARED DAL: , ,_ .�L1irf1CK AND I,;/,'N'Y THE PURPOSE OF THIS SURVEY WAS 10 PAR77770N A N 00'44'40" E 0.20' EASEMENT 10.0' 10.0' ' ASPIlAI HELD 3 i DULY .`;dbv Q-, ✓ Ay' THAT THAT "v !t_ - ]RACY OF LAND DESCRIBED IN DOCUMENT NO 95 - 8'2271 PER ? {:. 639, PG (ORIGIN UNKNOWN € 1_ �,, Pt c._,7. 77-/E FCREGt,'NG fr'ST(i /J,rfiJ . +., Ir„ T.H y' I I 7 € 1/ 'GAT_ ✓Ai I� E,i CITY OF ThGARD PLANNING CASE FILE NO hlt_P 97 -0018 NT fREFLY AND VOL_?NTAJ2'LY . .. NF - - OOND 3/4 "1 P AT ma NE ,-NER OF LOT 7, ! 1 P UP n . _. ' rI �, : { "GREENBERG HEIGHTS" AND THE FOUND t . /4" I.P. AT o a r` �s`'S`2G` , ✓2' k r a J CORNER °4" PEN UFi VF_' ?' /d D. 5331 WERE ,'11 1 D AND USED t ( !/ 2 �r y kp FD OF I�F_AKIIJCS AS N 89 54'00' 1 t'FR SAID ° ' _ r ; SURVEY NO 5331 AND PLAT i ,� ¢ y � E �, W F n ' ns` �r,,;^ ,, + 111E NW CORNER OF SUBJECT Pk01 rr 11 WAS LOCATE ' i 0 E `o `� I .jrS f "�C l'' 1 3Y H OLDING DEED UI IANc,E OF 120.55 TI I I, WHICH FIT u ' 6 o ? c I `7b co t 7)/F FOUND 1/2" l P to +T AND WEST ! THE FOUND 3/4 " I l-' 'S AT IHE SW .4r t; + SL CORNEkS WLRL tILIO /-OR LINE LAST- -WfS1, WI IN '4 t l+ DISTANCE OF I ( _ ■ ! + 11 T S F. 180 60 FEL T HELD 50(1THL RL Y FROM THI [Ji +H U/ LINE ✓ THis 20' �� O ; CI t CUNJROLLING LI Ld1ENTS OF hE6UI�Ir i,r'c.UMENT NO APPROVALS - [ AI�T-''eC't'E;� _--_�- DAY O01- _ -"n •^'= ., - "9 ` _G v5 111271, PLAT "CRF-E NDL AG I1LiCH TS", r tkVb Y NO 'S. ! - y ��-- 5311, 1041 17412, AND 18373 N 89'34'00" 0.5 125' l.�e f� � _ - — , 1 ten- �_- • -- ! C!' "Y r , i' CAhD - CiY 1_7vC „',cER U s i ' _ APPn'UVE 77 -ITS __ 0/ Y L'F ,1 i o' I ° o BY v, C O o WASHINGTON COUNTY SURVEYOR ° 0 E PARCEL 1 0, I ACCESS EASEMENT z z I . �-- b /� DOCUMEN I NO , ' '. � CO. j I 98106311 ALL TAXES, FEES, ASSESSMENTS OR OTHt -t' -'' I1�'CL S AS PROVOF-D 1 -�` BY OR S. 92.095 HAVE BEEN PAID AS OF- . DIRECTOR OF ASSESSMENT Ai ID TAXA 7701,' 1'X 17” 1 P FLUSH V ✓A71: O N COUNTY, C T, CL / u ?" N 29'56'51" E 1.91 [ORIGIN UNKNOWN] DEDEED - BK. 810, PG. 323 Tr 1 ° - 5;; I t ur OREGON s S 89'34'00" W 120.55' .� C'( /NT ?' OF WASHINGTON ) 3 /4'l.P. FLUSH (S 89'34' W 120.55')D. N 00 44'40 " E 0.15' [ORIGIN UNKNOWN] /4'% P DOWN 0.2' 100 HEREBY CERTIFY THAT THE ATTACHED PARTITION PLAT WAS P. N 00'44'40" E 0.14' RECEIVED FOR RECORD ON THIS DAY 0F ,1J [ORIGIN UNKNOWN] AT_ _ ___0'CLOCK_M, AND RECORDED IN THE COUNTY CLERK LEGEND: DEED LK. 990, DOCUMENT NO. 92046959 RECORDS PAGE 601 U SET 5/8" X 30" IKON ROD WITH YELLOW PLASIIC ! (f) BY -- - - I CAP STAMPED "PARIS & AS'50C P.L.S 1264" i J DEPUTY COUNTY CLERK i 0 FOUND MONUMENT AS NOTED ( I ` ~� y " ' OF OR S S. I COLC;V TY OF WASHINGTON ) I l' IRON PIPE I ! h, �- ) Cl - 13Y THAT THIS -�r Ai IS A COPS c.FRTIFIED TO ME, ,d ;ri,= I R IRON ROD `_ SI /f )' `' OF THIS PAri /TIC.+ PLAT, TO BE <, rC E AND EXACT !(_PY [ ] PROBABLE ORIGIN OF MONUMENT i q � iIt` ORIGINAL, AND Tr T i, WAS RECUT '" + J'. THE 0A1' .l O (c() �. �`°',� x�'� _ - - - - -- "9- -, rt T. - COL vCt< I. AND RECOti'1. +;= �' ( )D. RECORD DATA DOCUMENT NO. 95- 82271. c ' � �D � .�__ . "' !J ;' r. COUNTY CLERK RECORDS 0A1' ( )Sl RECORD DATA PER SURVEY NO. 5351 4 1! a 0 - -_ - -- -- . S.N SURVEY NUMBER, WASHINGTON COUNTY SURVEY RECORDS. / CPUTY CO'iNTY CLERK �,;, { !JO �� t v✓ ` , - ... ......�...,.....+.- «...v_.�..,. ....,.m._._...,.- v ...............___.---- ..w,.... _ ... _..,_ .- . ..... ..... ..... _ _..� -- - ffi,..��.�.- a.....�. -.�- - -:- -- W.....�..�..,..�....._. -a .________ .. �,. .®z�..®......,..__...®...,...._ _. --__ ..- ,......_ �.r- .,..,.- _. .... e..m,....._.e_.- ...... i — ~ — — — — I �— — — ' / — S.W. 97TH . 7TH C T. \; 1 [ . ..- 4 ' l vz i ? 7 cll ,Q1 ts I, 0 [ 341 NY }‘ J ', ? OP O sED j L , 14oU5 € W TOTAL AREA= 2 Sq e. Eau s T1 +JC, H OV St: /� . p rG \41 I '0 psZoo� ` (; 1355' AcZEo j 1. LvLa ts, D1Sf�SI (T`11:::) 1 --rrLs� L6VE :::::::::::::: U� r�7, 1 41‘4:- Z5 y �t►asTL . I0 D LEA2Ar+Ca �'+SI N v C L i (.."� N ( � ' T+e � P ,q Z.- 2. NA 1' r vL 7)/2..24 � -./ j N W 1 1,6 Ft42.Wey c....„...i N IN F+LT2A'n o+ -1; N 0 cc S L G - - yPic.A C_ - 3 '` � o N s sy 92 1 ?P_ .G Gtr W :. .d �E -rv / Q ` v / vgc4 4 f e ....< I \!ry . d i -r,- /L t N el.NIvO - t'D iv, bA �o-rA N , o - b2 r4 G- 8 0- 8 , ...� OAla ZTec ENGINEERS, INC . S Toam � .:'A DESIU� MR les DECKED DAM SLIM1CK 1 � Co/ I ; I 7 /3O/9e MC CAD fB.E#2570- M.DIC 1 tr .40if .o r' 44"13').-111 Q e • /Are;t41 M-pf L E L I C A .a+s�.� M 4✓E. COI" of .rceki•9sxe. :'NOW k11, T"N BY •! HFji•: ? ? :i'SFNTS Ti:et Vie J s 1/11, , er: and wife, reaid7l i!tg in Portland, Oregon, berm ! described nett oP lranci suate in the Nor�.h • • L. 1�icklin end. wife, being it claim no. `:,4 in �' ♦ B e " larly bounded and described as follows to -wil line of the said Hicklin UL. V•, 2279.7 feet . ... . of, and running; thence S. 00° 0 2' . w. 1270.8 • • 20 N. 00° 03' W. 1268 feet to the north bounder; r 3•r E. 469.8 Peet to the place of b e;;inning, con .. .. • We have laid out the above described tract. lots and roads as shown herewith on plat Gain . • 6 . 7 .. .o known, end we hereby dedic ate the vameas are 4 / '�O 4 , % v h plat to be a correct plat of Greenberg Hight Roads, shown on the annexed plat to the use Dated this 11th day of July 1908. .1.' In our presence. F. J. Goo>ian 20 C. S. Tigard r SLc.te of Oregon, ) County of Mul ) THI�3 CERTIFIES, That on ti undersigned, A Notary Public in end for saic TS within named A. % iimith And Hattie C. Smith n 5 identical persons described in and wr.o .exact , acknowledged to that they exeeutcd the same n Ed 1 11 - 0 � ti. purposes therein expressed. D. ` o IN TESTIMONY WHEREOF, I ne�� o set • „ cloy 1 ar ej y e a l a 9 v above wrtten. (' er. � ^6 sal S, Surveyors Ceri N ..-.4)-- ft o State of Oregon, )SS 3/2, gio sfrQ,� h County ot.Weshington ) A. A. Morrill, being first dt Ore. k 3 k - subdivieion4r lands described in the dedical i4 • Val A annexed. That-the. courses and distances shoti r • and true. That he set stakes properly market y a • 2 4,. of said survey is on the north boundary ling • "��' and wife, being claim No 54 in T 1 S R 1 W 'a a 34' u. from the northeast corner thereof, a 44 of Greenberg Highte, That the initial point l4. --.: - -- -!o' s�! = 4tai ked with iron pipes, firmly driven in the g Su1,Z,p,pribed and sworn to before me th Se a> ey of July 1908. V '7%) '' . l c:oodin county Judge • L. C. walker County Surveyor J. w. Bailey County Clerk 0E*. H. Wiloox County Assessor Filed for record the 16th day of July J. L. 190£ Willis Ireland Recorder Of conveyan,:ee . 1\ IR. . . t.4 e, Itil .., N 4 it 7s I 0 e e . .. . 1 1, . ii ■ a l . . . 1 . . . • .4. ......." , •, .. ,, .v\..,,, V CI. . 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' ., .. . • : WI *4..:Ct.. 47 r .""....• L 1 , 4, 4 i 1 i i 1. . 1 C r.4.• • •••••' '..c. 1 •-• I • „..; }.•• r 14 s.::: ......, 1. • 1 1 i 1 40 $4 0 i 0... 1 1 • , 0.0 '4. i ••• I 4.! -.... 4 t " . • 'I . .' ••". C '0 1 , i 1 ***; i I 1 , :• , . ! i . . 4 1 . 44 4 . '.:.:* : ! k 1 41' '4 i... 4.7:•4 : t.2 * . . .. : ..• 4 4 4 t . , 4. „( 1 • i ... s ., . 6-(NEER NCr t'tL E LP 7 / -DC I g • • NOTICE'OF DECISION T - . _ . SITE DEVELOPMENT REVIEW ISDRI 0011/'.,: T�► �� • C ITY OF TIGARD MINOR.LAND PARTITION (MLR 91-0019 � • . CHILDREN'S VILLAGE.D AYCARE CENTER � `"p" `gam Better Community SECTION I. APPLICATION SUMMARY CASES: FILE NAME: CHILDREN'S VILLAGE DAYCARE CENTER Site Development Review SDR 97 -0017 Minor Land Partition MLP 97 -0019 PROPOSAL: The applicant has requested Minor Land Partition approval to partition an existing lot into two (2) parcels of 27,936 and 14,567 square feet and to obtain SDR approval to construct a 6,500 square foot daycare center on the eastern most parcel (Parcel 1 on proposed partition). APPLICANT: Waterleaf Arch. & Interiors OWNER:. Harris Enterprises, Inc. 621 SW Morrison St., S -125 • 2300 SW 1st Ave., S -104 Portland, OR 97205 Portland, OR 97201 COMPREHENSIVE PLAN DESIGNATION: General Commercial; C -G. ZONING DESIGNATION: General Commercial; C -G. • LOCATION: The site is located on SW Park Street between Pacific Highway (99W) and SW Watkins Avenue; WCTM 2S102CB, Tax Lot 01805. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.116, 18.120, 18.150, 18.162 and 18.164. • SECTION II. DECISION Notice .is hereby given thatthe of Tigard Community Development Director _designee:':` • - ,` Y fias :APP . . �. �� '_ °�: � - : : ° � .�� ,_ • • ,. � <..' �:::. . _:.:., y y � ; ,. ;�,.. -.� r�•- ��=. ROVED the `above request "subject •fo ceitairi conditions of.app'rovah r , , The findings - and conclusions on which thedecisionis based r are noted in- Section:IV. . • NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 1 OF 18 CONDITIONS OF APPROVAL ',PRIOR TO THE ISSUANCE ;SITE AND /OR".BUILDING` P PERMITS, MITS, THE. FOLLOWING- }:: • = ::CONDITIONS SHALL SATISFIED: • • ;':: - - (Unless otherwise - noted, -the staff shall -be Brian Rager, • - Engineering Department (503) 639- 4171.)' 1. Submit a revised landscaping plan for review by the Planning Division that shows the location of the parking lots trees to be planted with one (1) for every seven (7) spaces. Staff Contact: Julia Hajduk (503- 639 - 4171). 2. Submit a revised site plan that shows the vision clearance triangle will be clear of all vehicles, hedges, planting, fences, or temporary or permanent obstructions between three (3) feet and eight (8) feet in height. Submit verification from the landscape architect that the proposed landscaping meets the standards of the code. 3. Provide written solid waste hauler approval of facility location and equipment compatibility. The location of the dumpster opening must be relocated to make it more accessible to garbage haulers. • 4. Submit verification of the number of classroom spaces provided so that staff can confirm that the required parking spaces have been provided. 5. Submit a lighting plan for review by Jim Wolf, Crime Prevention Officer. Staff contact, Julia Hajduk. 6. Submit revised plans that show the access ramp is outside of the aisle. 7. Submit the Final Plat Application for the Partition. Final Plat Submission Requirements: A. Submit for City review, three (3) paper copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County and by the City of Tigard. C. Once the City and County have reviewed the plat, submit two (2) mylar copies of the partition plat for the City Engineer's signature. 8. Prior to issuance of the site and /or building permit for Parcel 1, the applicant shall provide the Engineering Department with a recorded mylar copy of the partition plat. 9. Obtain a public improvement permit and compliance agreement for this project. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at Tigard City Hall. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 2 OF 18 10. As a part of the public improvement plan:..submittal, provide the Engineering . Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 11. Provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on -site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 12. Construct standard half- street improvements along the frontage of SW Park Street adjacent to Parcel 1. The improvements adjacent to this site shall include: A. City standard pavement section from curb to centerline equal to 20 feet; B. pavement tapers needed to tie the new improvement back into the existing • edge of pavement shall be built beyond the site frontage; C. curb or curb and gutter; D. storm drainage, including any off -site storm drainage necessary to convey surface and/or subsurface runoff; E. five (5) -foot concrete sidewalk; F. street striping; G. streetlights as determined by the City Engineer; H. underground utilities; I. driveway apron; and J. adjustments in vertical and/or horizontal alignment to construct SW Park Street in a safe manner, as approved by the Engineering Department. 13. Provide a profile of SW Park Street, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. • 14. Construct the driveway for the daycare facility on Parcel 1 where the current gravel driveway into the site is located and align with the existing driveway that serves Tax Lot 1700 on the north side of SW Park Street. 15. Submit a revised parking lot plan in relation to the re- located drive. Staff contact : Julia Hajduk, Planning Division. 16. Apply for water service(s) from the City prior to construction. 17. Pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development. 18. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." THE'FOLL"O WING: CONDITIONS$HALL= BE ;SATISFIED ; PRIOR: -TO , A FINAL BUILDING INSPECTION:. = NOTICE OF DECISION SDR 97- 0017/MLP 97-0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 3 OF 18 19. Complete the required public improvements, obtain conditional acceptance from the .:= City, and d -- provide a one (1) -year maintenance assurance for.said improvements.. _ 20. Provide the City with as -built drawings of the public improvements as follows: 1) mylars, and 2) a diskette_. of the as- builts in "DWG" format, if available; otherwise "DXF will be acceptable. Note: if the public improvement drawings were hand - drawn, then a diskette is not required. 21. Either place the existing overhead utility lines along SW Park Street underground as a part of this project, or pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $9,075. 22. Construct all site improvements as per the approved site plans. :THIS °`APPROVAL `S ial): 3E VALID'FOR -18 MONTHS ''�'� -,.. � .t+r.., i. 'i� <l`� =. :i."�i. :4 -�'°. :s :,..f!. -,.. -c � _ .c 'n• - _ :.i -OtOM: THE< �EFFE _ L. SECTION III. BACKGROUND INFORMATION Site History: No development applications related to this tax lot were found to have been previously filed with the City of Tigard. Vicinity Information: The subject property is located on SW Park Street between Pacific Highway (99W) and SW Watkins Avenue. The site is identified as WCTM 2S103CB, Tax Lot 01805. The site is bordered to the south and west by property zoned General Commercial (C -G). The property to the east is zoned R -3.5 and the property to the north, across SW Park Street, is zoned R -4.5. The properties on all sides are developed consistent with their zoning. • Site Information and Proposal Description: The subject site is relatively flat, with no significant vegetation other than grasses. The site is currently vacant. The proposal is to partition the lot into two (2) parcels. The eastern most parcel (Parcel 1) will be 27,936 square feet and will be developed with a 6,500 square foot daycare center facility. The western most parcel (Parcel 2) will be 14,567 square feet and is not proposed to be developed at this time. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 4 OF 18 In situations where the Community Development Code requires the dedication of real property - interests, the applicant , shall either.. specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The applicant has proposed to construct half- street improvements on SW Park Street. The Engineering Department has estimated the cost of the half- street improvements to be approximately $200 per lineal foot. This conservative estimate was determined from current bid tabulations. Assuming a cost of $200 per lineal foot, it is estimated that the total cost of the half- street improvements along the portion of the parcel to be developed with a daycare facility on SW Park Street is $65,916 (329.58 feet x $200). The Washington County Traffic Impact Fee (TIF) is a mitigation measure fee that is required at the time of development. Based on a transportation impact study prepared by David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street systems. Upon obtaining a building permit, the applicant will be required to pay TIF's of approximately $23,862. Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $74,568 ($23,862 divided by .32). The difference between the TIF paid, and the full impact, is considered an unmitigated impact on the collector and arterial system. Since the TIF paid is $23,862, the unmitigated impact can be valued at approximately $50,706 impact on the collector and arterial systems. The rough proportionality test means that the conditions imposed must be "roughly proportional" to the impacts associated with a development. The test does not require a precise mathematical calculation. The test does not require a "dollar for dollar" exchange • of conditions for impacts, nor does it require that the impacts outweigh or have a higher estimated value than the conditions imposed. The estimated costs (in this case, the street improvements) required of the applicant may be greater in estimated value than the value of the unmitigated impact. Further more, Section 18.164.030.A.1 states that ° no development shall occur unless the development has frontage or approved access to a public street and that streets within and adjacent shall be improved in accordance with ordinance standards. In order for the street system to function to serve all properties at buildout, streets meeting minimum standards must be provided. With the improvements, the applicant will be providing services that will be adequate to serve the needs of the proposed use. Although the requirements imposed have a slightly higher estimated value than the unmitigated impact, the City finds that the conditions meet the rough proportionality test. There is unmeasured impacts on nearby local streets which adds to the unmitigated cost. GENERAL APPROVAL CRITERIA FOR LAND PARTITIONS: Section 18.162.040 contains the following general approval criteria for a Land Partition: NOTICE OF DECISION SDR 97- 0017/MLP 97-0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 5 OF 18 The proposal conforms with the City's Comprehensive Plan; The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for commercial development. The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision, and by the application and review process. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail in SPECIAL PROVISIONS, pages 6 and 7 All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83 -52). The public facilities and proposed improvements are, or will be conditioned to be, in compliance with City standards. The actual improvement requirements for each proposed parcel is discussed further in this decision. FINDING: Staff finds that the criteria above have been met outright or will be met as a result of conditions imposed in this decision in further sections. SPECIAL PROVISIONS: Section 18.162.050 contains the following special provisions • for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The average minimum lot width for the C -G zone is 50 feet. The plan submitted shows Parcel 1 with a width of approximately 158 feet and Parcel 2 with an average width of approximately 303 feet, thus meeting the criteria. 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. There is no minimum lot area requirement in the C -G zone, therefore, this criterion has been satisfied. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 6 OF 18 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.1.5400t -wide access . .. easement. Both parcels have adequate access and frontage on SW Park street, therefore, this standard has been satisfied. Setbacks: Setbacks shall be as required by the applicable zoning district. Both proposed lots are currently vacant. The daycare on Parcel 1 will be reviewed for compliance with setbacks further in this decision. Any structures placed on Parcel 2 will be reviewed for compliance with setbacks at the time of Site Development Review. 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. • The proposal does not involve a flag lot, therefore, this standard does not apply. 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. This proposal does not involve a flag lot, therefore, this standard does not apply. 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. • Both parcels have direct access to SW Park Street, a public street. There is a fire hydrant at the corner of SW Grant Avenue and SW Park Street and another one at the corner of SW Park Street and SW Watkins Avenue. Both existing fire hydrants are within close proximity to the site, however, due to the large frontage of the site (approximately 488 feet), an additional fire hydrant may be required. Fire protection requirements for the daycare are discussed further in this decision under the Building Divisions comments. Fire protection for Parcel 2 will be reviewed at time of Site Development Review. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The partition does not require the use or creation of a common drive, therefore, this standard does not apply. NOTICE OF DECISION SDR 97-0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 7 OF 18 Accesswav: Any accessway shall comply with the standards set forth in Chapter _18.108; Egress, and Circulation. 18.108.040 requires that all vehicular access and egress connect directly with a public or private street and the vehicular access be located within 50 feet of the primary ground floor entrances for commercial uses. Access for Parcel 1 will be addressed further in this decision under the SDR standards. Access for Parcel 2 will be addressed at time of Site Development Review for proposed construction on that lot. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: Based on the analysis detailed in the criteria above, staff finds that the Special • Provisions for lots created through the partition process have been satisfied. GENERAL APPROVAL CRITERIA FOR SITE DEVELOPMENT REVIEW: Section 18.120.180 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying a Site Development Review application:" Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed in the following sections. The proposal contains no elements related to the provisions of Code Chapters 18.80 • (Planned Developments), 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards, and are not discussed in this decision. Landscaping and Screening (18.100 and 18.120) Buffering, Screening and Compatibility between adjoining uses: Section 18.120.108.4(A) states that buffering shall be provided between different types of land uses. The existing lot is adjacent to residentially zoned and developed property to the west and to the north, across SW Park Street. After the partition, however, the proposed daycare will be adjacent to the newly created lot, thus, no buffering and screening is required between the property to the west and the daycare. When Parcel 2 is developed, buffering on that lot will be necessary. Because the property to the north across the street from the proposed development is residentially zoned property, buffering shall be required. The Tigard Municipal Code (TMC) says that when uses would be adjacent to one another, except for separation by a right -of -way, buffering, but not screening shall be required. The buffer matrix requires a 20- foot -wide buffer between commercial and single - family residential uses. The plan submitted shows there will be 20 feet from the property line to the beginning of any NOTICE OF DECISION SDR 97-0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 8 OF 18 portion of the structure. The buffer will be occupied by landscaping, fencing and bark chips. The landscaping proposed meets... the . quantity standards specified in Section .. . 18.100.080.D.2 of the Tigard Municipal Code (TMC). Section 18.120.108.4(B) states that on -site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. The landscape plan submitted indicates the parking lot will be separated from SW Park Street by a five (5)- foot -wide landscape strip planted with Otto Luyken Laurel, Crimson Pygmy Barberry and 4 Norwegian Maple trees. Based on information provided in the Western Garden Book, the parking lot will be effectively screened. Screening: Special Provisions: Section 18.100.110(A) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical • shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three - feet -wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. As discussed above, the parking lot will be effectively screened. The landscape plan shows parking lot trees will be planted with one (1) for approximately every seven (7) spaces in all areas except the center parking area. An additional tree is necessary in this area to comply with the standards. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and • 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The site has frontage on SW Park Street. The landscape plan indicates a total of nine (9) Norwegian Sunset Maples will be planted along the street approximately 30 feet apart, therefore, this criterion has been met. Developments within the C -G zone are required _ to provide a minimum of 15% landscaping. The plans submitted indicate that 44% of the site will be landscaped, thus meeting the standard. FINDING: Because the landscape plan does not provide for one (1) parking lot tree for every seven (7) parking spaces as discussed above, the landscaping and screening standards have not been fully satisfied. If the applicant submits a revised plan that shows a parking lot tree will be planted in the center parking area, this criteria will be met. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 9 OF 18 CONDITION: Submit a revised landscape plan that shows parking lot trees will be planted with. one (1) for .every seven (7) spaces. . Visual Clearance Areas (18.102) Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30 -foot distance along the street right -of -way and the driveway, and then connecting these two (2), 30 -foot distance points with a straight line. The site plan shows that the proposed sign location, a portion of a parking space and landscaping will be within the vision clearance triangle area. While landscaping may be permitted in this area, the applicant must provide verification that the proposed landscaping will meet the vision clearance requirements of clearance between three (3) feet and eight (8) • feet in height. The parking lot location and sign will need to be relocated so that they are not within the vision clearance area. FINDING: Because the site plan shows prohibited objects in the vision clearance triangle, this standard has not been satisfied. If the applicant submits a revised plan that shows no objects will be located between three (3) feet and eight (8) feet in height in the vision clearance area, these standards can be met CONDITION: Submit a revised site plan that shows the vision clearance triangle will be clear of all vehicles, hedges, plantings, fences, or temporary or permanent obstruction between three (3) feet and eight (8) feet in height. Submit verification from the landscape architect that the landscaping proposed meets the standards. Off - Street Parking and Loading (18.106) Minimum Off - Street Parking: Section 1 18.106.030.(B)(3) requires five (5) parking spaces plus one (1) space per classroom for daycare facilities. The site plan does not clearly indicate the number of classrooms, however, staff counted approximately 12 areas that could be used as class space, not including the pool area. Based on this estimation, 17 parking spaces are required. The plan provides for a total of 23 parking spaces. It appears that this standard has been met, however, prior to final site plan approval. the applicant must verify the number of classroom spaces in order to insure the required parking has been provided. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for every 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. A bicycle rack is shown on the plan and will not be located in any parking aisles, pedestrian ways or landscape areas, thus meeting this criteria. NOTICE OF DECISION SDR 97-0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 10 OF 18 • Off- Street Loading Spaces: Section 18.106.080 requires that every commercial or - - - industrial use. having ..floor area of 10,000 square.feet or- .more, .shall. have at least one < ._ . . (1) off- street loading space on site. The total square footage of the proposed structure does not exceed 10,000 square feet, therefore, the off- street loading standard does not apply. FINDING: The plan appears to provide for the required vehicle parking spaces, bicycle parking spaces and off- street loading. Because the applicant did not indicate the number of classrooms proposed, and the parking requirement is based upon the number of classrooms, staff can not verify that this criterion has been satisfied. If the applicant indicates the number of classrooms provided will be 18 or less, the number of parking spaces proposed will meet the criteria. CONDITION: Submit verification of the number of classroom spaces that will be provided. NOTE: The parking layout may change based on the requirements to re- locate the • proposed driveway (discussed further in this decision). If this layout changes, staff will need to review the proposed layout to insure that it conforms to the TMC standards. Access, Egress and Circulation (18.108) Section 18.108.080 requires that commercial and industrial uses which require 0 -99 parking spaces provide at least 1 access with a minimum width of 30 feet and a minimum pavement width of 24 feet. 18.108.105 requires walkways between ground floor entrances to the streets which provide required access. There is one (1), 24- foot -wide access proposed. Staff has concems, however, that the location of the driveway is too close to the existing intersection of SW Grant Avenue and SW Park Street. This is discussed in more detail in the Street and Utility Improvement Standards Section of this decision. A walkway is proposed between the building and Park • Street, thus, meeting the standards. FINDING: Because the access width proposed meets the standards and because the location will be discussed and conditioned further in this decision, this standard has been satisfied. Signs (18.114) Section 18.114.130(D) lists the type of allowable signs and sign area permitted in the C -P Zone. The site plan shows the location of a proposed sign, however, the approval of the sign and location is through a separate sign permit process administered by the City of Tigard Development Services Technicians. FINDING: Because signs will be addressed through a separate process and application, this criterion does not apply. Tree Removal (18.150) Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree NOTICE OF DECISION SDR 97-0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 11 OF 18 • removal over 12 inches in caliper, which trees are to be removed, protection progt ,defining .standards and methods .that will . be used by the applicant to protect tr • during and after construction. There are no existing trees on the parcel proposed for the daycare, therefore, no trees be removed as a result of this development. FINDING: Because there are no trees on the parcel being reviewed for developn approval, this criterion has been met. Street and Utility Improvement Standards (18.164) Streets: This site lies adjacent to the south edge of SW Park Street and is just west of intersection of Grant Street. Park Street is classified as a minor collector street on City's Transportation Plan Map. A minor collector street requires a 60 -foot right -of- (ROW) for ultimate improvement. At present, there is 60 feet of ROW on Park Stre€ this vicinity. Therefore, no additional ROW dedications are necessary. • The roadway is paved, but not fully improved adjacent to this site. The roadway improved on the south side as a part of development of the parcel immediately east of site (Hot `n Now site). The applicant has indicated that they will help mitigate the tr; impact of this development by constructing a half- street improvement as a part of daycare facility project on Parcel 1. The applicant does not propose construction of half- street improvements adjacent to Parcel 2 at this time. Staff would concur improvements adjacent to Parcel 2 could wait until such time that development of Parc is proposed. At that time, a separate site development review by the City woulc necessary and the half- street improvements could then be required. The applicant is proposing one driveway to serve the daycare facility on Parcel 1. Sts concerned about the location of the driveway, as it is very close (within 35 feet) to intersection of SW Grant Street. On collector and arterial streets, the City atte t avoid tuming movement conflicts near intersections and also with driveways on sides of the street. There is an existing gravel driveway for this site further west from proposed driveway location. The existing gravel driveway currently lines up well will existing driveway serving Tax Lot 1700 on the north side of Park Street. The exi: gravel driveway is approximately 115 feet west of the Grant Street intersection and w be a much better location for the site access by avoiding turning movement conflicts the intersection of Grant Street and with the existing driveway on the north side of f Street. This location would not conflict with the building location, but would necessita redesign of the parking layout by the applicant. It appears that with minimal redesign. alternate driveway location would work well. Therefore, Staff recommends the app be required to locate the driveway for the daycare center at the existing gravel drive location to align with the existing driveway serving Tax Lot 1700. Water: This site will be served from the City's water system. There is an existing 8 -inch ix water line located adjacent to the south edge of Park Street. The applicant will nee apply for water service from the City and the Public Works department will install necessary water service(s). NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 12 • Sanitary Sewer: There is an existing 8 -inch public sanitary sewer line that crosses the eastem portion of Parcel 1 within a 15 -foot wide public sewer easement. This public sewer line also runs adjacent to the south boundary of this site within a public easement. The applicant's plans do not indicate where the proposed sewer service will connect into the public system. The applicant's public improvement drawings will also need to show the proposed connection into the public sewer line. Storm Drainage: The topography of this site falls primarily to the north and east. Unified Sewerage Agency (USA) submitted comments indicating that a sensitive area in the form of a perennial stream may be located on this site. By USA definition, in their Design and Construction Standards, a perennial stream carries year round flows. Staff visited this site in February, 1997 and did not find a perennial stream and it appears that any previous channel to the south of this site has long since been filled and redirected into private storm facilities. Therefore, Staff finds that there are no sensitive areas on this site. • The applicant's plan is not clear as to how this site will be drained, but it appears the on- site runoff will be directed into the new storm line that will be constructed as a part of the street improvements in Park Street. Prior to issuance of permits on this project, a final storm drainage design shall be submitted to the City for review and approval. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. However, the standards provide an exception for sites that are small and where constructing a water quality facility would be impractical. Staff believes that there is not ample space on this site for a water quality facility and the fee in- lieu of constructing a facility should be required. The fee is to be collected at the time the building permit is issued. Grading and Erosion Control: USA Design and Construction Standards 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 USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Existing Overhead Utility Lines: There are existing overhead utility lines along SW Park Street adjacent to this site. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site (adjacent to Parcel 1 only) is 330 lineal feet; therefore the fee for the development on Parcel 1 would be $9,075.00 and payable prior to final building inspection. A similar requirement will be placed upon future development of Parcel 2. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 13 OF 18 FINDING: Based on the analysis above, the site plan as submitted does not fully meet the. Street and Utility. Improvement standards. If the applicant revises the site plan, provides additional required information and makes necessary improvements in compliance with Conditions of Approval 7 -21 outlined in pages 2 -4 of this decision, the Street and Utility Improvement standards will be satisfied. CONDITION:Comply with Conditions of Approval 7 -21 as outlined on pages 2 -4 of this decision. Section 18.120.180(A)(2) through 18.120.180(A)(17) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below with the following exceptions: The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 1, 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100 -year floodplain), 18.120.180.9 (Demarcation of Spaces), 18.120.180 (Public Transit) and are, therefore, • found to be inapplicable as approval standards. The following sections were discussed previously in this decision and will not be addressed in this Section: 18.120.180.11 (Access and Circulation), 18.120.180.13 (Parking), 18.120.180.14 (Landscaping), 18.120.180.15 (Drainage), 18.120.180.17 (Signs) 18.120.180.4 (Buffering and Screening). Mixed Solid Waste and Recvclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on -site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick -up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign - Off. The applicant will have to submit evidence or a plan which indicates compliance with this section. Regardless of which method chosen, the applicant will have to submit a written sign -off from the franchise hauler regarding the facility location and compatibility. The plans submitted show a six (6) -foot high wood dumpster enclosure will be provided towards the rear of the site. In order to meet the standards for collection of mixed solid waste and recyclables as discussed above, the applicant must provide verification from the franchise hauler that their disposal plan complies. The dumpster opening is not easily accessible for loading disposal vehicles and will likely be of concem to the hauler. FINDING: Because the applicant has not provided evidence of compliance with the mixed solid waste and recyclables standards, staff can not determine if this standard has been met. If the applicant provides a written sign -off from the hauler regarding the proposed dumpster location and collection facility, this criterion will be met. CONDITION Submit a written sign -off from the hauler that states the proposed trash enclosure will meet the standards. NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 14 OF 18 Relationship to the Natural and Physical Environment: Section 18.120.180.2 states . - - that buildings shall be located .to preserve existing .trees, topography, and natural drainage and that trees having a six (6) -inch caliper or greater, shall be preserved or replaced by new plantings of equal character. There are no existing trees on the daycare site. The proposed building location will not significantly affect existing topography and natural drainage. Drainage requirements due to this development were discussed in detail on page 13 of this decision. FINDING: Because the proposed building was planned with consideration of the natural and physical environment and will not significantly affect topography or natural drainage, this standard has been satisfied. Privacy and Noise: Section 18.120.180.5 states that on -site uses which create noise, lights, or glare shall be buffered from adjoining residential uses. There will be play areas between the street and the structure which could result in an increase in noise for the residential uses across the street. As required earlier in this decision, buffering will be provided using shrubs, trees and fencing, thus satisfying this criteria. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The City of Tigard Police Department has reviewed the applicant's proposal and indicated that a lighting plan is needed for review. They further commented that for crime deterrent purposes, the parking area should have some surveillance capability from traveling public on SW Park Street. While this may seem to contradict the parking lot screening standards, it in fact, does not. The parking lot screening is intended to be more of a visual buffer that a full sight obscuring screen. It is assumed, therefore, that the parking lot will still be visible for surveillance purposes. FINDING: Because a lighting plan was not provided, the Tigard Police Crime Prevention Officer was unable to comment on the effectiveness of lighting area vulnerable to crime. In order to satisfy this standard, submit a proposed lighting plan for review by Jim Wolf, Crime Prevention Officer. CONDITION: Submit a lighting plan for review by Jim Wolf, Crime Prevention Officer. Staff contact, Julia Hajduk. The Americans with Disabilities Act (ADA): Section 18.120.16 states that all facilities for the handicapped shall be designed in accordance with the requirements set forth in ORS 487. Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires 1 disabled parking space if 1 -25 parking spaces are provided. NOTICE OF DECISION SDR 97- 0017/MLP 97-0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 15 OF 18 The proposal shows 2 handicapped access spaces with a shared van accessible aisle. The plan shows - the access ramp is in the aisle. • Building Division_ Staff who enforce ADA requirements through the building plans review process have stated that this ramp must be outside of the access aisle (on the sidewalk). FINDING: Because the access aisle as shown does not meet the ADA requirements, this standards has not been met. If the applicant submits revised plans that show the access ramp is not located within the aisle, this standard will be satisfied. CONDITION: Submit revised plans that show the access ramp is outside of the aisle. Provisions and regulations of the underlying zone Use Classification: The applicant is proposing to construct a 6,500 square foot daycare center. This use is classified in Code Section 18.62 (Use Classifications) as Children's Daycare. Code Section 18.62.030 lists Children's Daycare as a permitted use in the C -G zone. Dimensional Criteria: Section 18.62 states that the required setbacks in the C -G zone are: 0 -foot front yard (although there are buffer requirements for this site), 0 foot rear yard, • except where abutting residential and 0 foot side yard, except where abutting residential. The proposed daycare site does not abut residential property except to the north, therefore, the building location meets the dimensional standards of the Code. FINDING: Because the proposed use is permitted in the underlying zone and meets the setback and dimensional requirements for that zone, this criterion has been met. SECTION V: AGENCY COMMENTS The City of Tigard Building Division has reviewed the application and indicated that in order to provide required fire flow, an additional fire hydrant may be needed and a hydrant flow test must be completed. The covered porch is considered part of the building square footage for Uniform Building Code (UBC) purposes, therefore, if it is between 20 feet and 10 feet of the parking lot, it must be one hour fire resistant construction. If the porch is less than 10 feet from the property line, it can not have unprotected openings. This would not be permitted because it would violate buffer requirements. The Building Division also reviews applications for compliance with the Uniform Fire Code. In regard to compliance with these standards, it appears that there are some minor revisions that will be necessary prior to obtaining building permits. These changes include: providing access through the chain link fence along SW Park Street for fire personnel and revising the fence location in the rear of the site to provide enough room for fire fighting personnel to maneuver. These requirements are mentioned in order to assist the applicant in submittal of the building plans. The requirements will not be required as part of this approval, but will be required as part of the building permit review. Additional Building Division comments which resulted in a condition of approval have been incorporated into the body of this decision. Please refer questions regarding the comments from the Building Division to Jim Funk, Commercial Building Plans Examiner. The City of Tigard Police Department has offered comments which have been incorporated into this decision. NOTICE OF DECISION SDR 97- 0017/MLP 97-0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 16 OF 18 • The City of Tigard Operations Manager has reviewed the proposal and have no - objections. They have, however, stated that a 1" water meter is required along with a minimum of a double check valve device assembly ( backflow prevention device). They have also indicated that all portions of the proposed building must be within 250 feet of a fire hydrant as measured through accessible driving surfaces. This will be reviewed at time of building permits and additional fire hydrant will be required if necessary. Compliance with backflow prevention will be required during the building permit process. SECTION VI. AGENCY COMMENTS Unified Sewerage Agency has reviewed the proposal and proved comments which have been incorporated into this decision. Tualatin Valley Water Department (TVWD), PGE, NW Natural gas and Tri - met were notified of the proposal and offered no comments or objections. • ODOT was notified of the proposal and provided comments which have been incorporated into this decision. GTE was notified and indicated that the developer /owner must place conduits to GTE specifications. 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 WEDNE : MARCH :11,1998 - • UNLESS AN -APPEAL IS FILED. . • Appeal: Any party to the decision may appeal this decision in accordance with Sections 18.32.290(A) and Section 18.32.340 of the Community Development Code which provides that a written appeal must be filed. The deadline for filing an appeal is specified below. The appeal fee schedule and appeal form are available from the Community Development Department or Planning Division at Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. NOTICE OF DECISION SDR 97-0017/MLP 97-0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 17 OF 18 - 'THE-DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON MARCH 11,,1998. Questions: If you have any questions, please call the City of Tigard Planning Division or Community Development Department of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. February 26, 1998 PREPAR BY: Julia H jduk DATE Associate Planner • p . February 26, 1998 APPROVED BY: Richard Bewersdorff DATE Planning Manager • is \curpin\Julia\sdr\daycare.doc NOTICE OF DECISION SDR 97- 0017/MLP 97 -0019 - CHILDREN'S VILLAGE DAYCARE CENTER PAGE 18 OF 18 4 /C �� ` 6 p awe �� > • - - -- F. F � Z _._ -- - E.S.W. PARK STREETS — -�- -- - - _�-- :.— Z CL ! 1$" PARCEL 2 I , PARCEL 1 1 �� AREA = 14,567 SQ.FT. = ZT,g36S0. i � � I :PLAY Li. / . V �` yl ,` •;:.. . - .4- , : .,,,e -S ....,v { D .):: k11: : ;; ; : : i ce • '�.r 4•. **4 � . I i . — � EKISTIN6 BBILDIN6 ',� O 1 .rt .r Llso � r l , r- x � C � H 0 PROPOSED BUILDING STRUCTURE: 6,500 Sq. Ft CASE NO[S] & CASE MAMEISl: p S1TE PLAN SDR 97 -0017 , MLP 97 -0019 1 • EXHIB1T MAP N CHILDREN'S VILLAGE DAY CARE ' i MAP o lrt n:CYD `�� . CITY of TIGARD ' OlOOe Al N10 INf OR YA7tON /Y /7CY t , ♦' . F PLANNING DIVISION P .1111.0 '4 W , ♦ VICINITY MAP 4 �' °�� ■' ♦ SDR 91 -0011 "` ��. U ■ ` ♦, • , MLP 91 -0019 .0 0 wATKIN ' / CHILDREN'S VILLAGE vi D ■ - ' • • ti DAY CARE CENTER 1 / I ill-nr4A,N � � MI ` , Ii j 111111• ARK ST Tialkiirliir / • , ,.\ , on - 11I 11111111111 . s \ ss tig (/''' 4100■ 1 � r II MIR ■■ •• $' .ts*t*, ,<< /. I Itar , ,•• � s '', • i 0 � ` S N 1111 • , ♦ . V � , 0 2 00 400 800 Feet �+ F • N V ----1 - - Mr 416 ♦ .1 483 feet kola = / N PARK PL ■ WOO ■■ ,. � HILL V I EW .s� I n7ormetbn m lhb map b for eg anerel beetkn ony srd n. S VIE should be verMbd with the Devbpnterd Servbes DMsb 13125 SW Heg Bind O Tigard. OR 97223 71 ' ce ■ ■ • , (503) 639.4171 Community Development Plot date: Jan 14, 1998; c: \magictmagicdd.apr t I ( _ A`k e.c U2 REQUEST FOR COMMENTS CI TY OF ' TI I GARD Community Development ShapingA Better Community DATE December 19, 199/ TO: Bryan Boger, Development Review Engineer FROM: City of Tigard Planning Division STAFF CONTACT: t Julia Powell Ha>duk, Associate Planner t . 11011e:15031639 - 4111 fax: 15031684 RE MINOR LAND PARTITION [ML '197-0018 SLIMICK PARTITION Q afiequest for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) Tots 1,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 18.162 and 18.164. Attached is the Site Plan, Vicinity Map and Applicants 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 - DECEMBER 29, 19971. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. POE 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: v 1 (Please promde the following information) Name of Persontsl Commenting: I Phone Numbertsl: MLP 97 0018 SLIMICK PARTITION PROPOSAUREOUEST FOR COMMENTS ■ VE SHADY LN . Ea. ,410ing SiMiAlir•IPPI r cq9-alpp EN... _4 f► 1 I= E ■ 11111 -t _ _ Vii:. ■■ 0. 1� lr 11111111111 1111111 Mill 4� Iwo, NORT iiiOTA _ Q I ME _ 7 , .4 17 1i... :1 1 1 ,>: m g '. ..� ,2 11 c , A _ R illipi • L - vw ct k 1 h I i L , i l vs, loom 1 T A N • O { >N Imbk,. 31111 ma :- U '474 1 z L ',2 r 1 L I Vicinity Map N MLP 97 -0018 �« arn - A Slimick Partition R _ , 4 S.W. 97111 CT. T z 0 FA 3 • I PROPOSED PARTITION LINE I 0 ,` _z a No r �-■ am ` O z op z O Q -J 4/ T a. n, D r O CD P. 3 .Um • y 0 H c c•oei V CASE NOM & CASE MAMEISE _ S1TE PLAN r MLP 91 -0018 1 EXHIBIT MAP N IMP SLIMICK PARTITION r�arrrnn� i -•---- A • REQUEST FOR COMMENTS. , CITY OF TIGARD Community Development S haping Better Community DATE December 19,1991 TO: John Roy, Property Manager . FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell liable, Associate Planner Phone: (5031639-4171 fax 15031684 -7291 RE MINOR LAND PARTITION (MLPI 97 -0018 SLIMICK PARTITION Q for Minor Land Partitinn mn.,r...,I •-- ,771.33 square feet into two (2) Tots , quest ,934.45 and 9,764.55: a h Court; WCTM 1S135CA, Tax Lot 01600. ZONE: Residentii "4, i� 1,1)042,t4 4 �� se of the R -12 zoning district is to provide for single - family at , L _ sits for medium density residential developments. APPLICAB 0 c s ^'1 " ) ievelopment Code Chapters 18.54, 18.100, 18.102, 18.106, 18. 1 .- s 4-,_64 Q, e P C.� Attached is the Site Plan, Vicinity rS f� / � -- i. From information supplied by various departments and agencies and (Ll%C , y f, a report and recommendation will be prepared and a decision will be re ` / you wish to comment on this application, / Q WE NEED YOUR COMMENTS , l� I j c. 4 , lu may use the space provided below or F attach a separate letter to return e by the above data please phone the staff contact noted above with your co �� * , Ig as soon as possible. If you have any questions, contact the Tigard Plat ard, OR 97223. PLO CHECK THE FOLLOWING IT e4C-- 1 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: — 3 — o— ,, , y ,ai l ;" �, . � . . / ,T) i / c/ - ),,i- . f7 .16- v (Please provide tfe fodowing information) Name of Permits) Commenting: I Phone Numberisl: I MLP 97.0018 SUMICK PARTITION PROPOSAL/REQUEST FOR COMMENTS • REQUEST FOR COMMENTS CITY OF TIOARD Community Development Shaping A Better Community - DATE December 19, 1991 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Julia Powell Halduk, Associate Planner Phene: (503)639 -4171 Fax (5031684 -1291 RE MINOR LAND PARTITION IMLPI 91 -0018 > SLIMICK PARTITION Ali for Minor Land Partition approval to divide one (1) lot of 21,771.33 square feet into two (2) lots of 11,934.45 and 9,764.55 square feet. LOCATION: 11355 SW 97th Court; WCTM 1 S135CA, Tax Lot 01600. ZONE: Residential, 12 units per acre; R -12. The purpose of the R -12 zoning district is to provide for single - family attached and multiple - family residential units for medium density residential developments. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.54, 18.100, 18.102, 18.106, 18.108, 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 - DECEMBER 29,19971. 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 que ons, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: sV... _ LA' v (Please provide the foffowing infomation) Name of Persontsl Commenting: 4) S C Phone Numberfsl: * 31\ MLP 97-0018 SLIMICK PARTITION PROPOSAUREOUEST FOR COMMENTS December 9, 1997 NOTES 1. Drainage: All run -off water flows north west to 97th Ave. and along drainagecovert to storm drain on Dakota Ave. 2. Water Supply: Located at the corner of Greenburg and 97th Ct. • 3. Sewer Line: Runs along 97th Ave. directly in front of property. 4. Trees: The only tree to be removed from property over six inches in diameter is an apple tree in the location of proposed house. • Daniel R. Slimick February 4, 1998 Donna Holden CITY OF TIGARD 5458 SW Murray Boulevard OREGON Beaverton, OR 97008 RE: Slimick Partition (MLP 97 -0018) Dear Ms. Holden: We received your letter dated January 31, 1998 regarding concems you have about the Slimick Partition. I tried to contact you by telephone, but was unable to locate your number in the telephone directory. I appreciate your comments and concems, it is • often helpful to hear directly from residents regarding development concems. A copy of your letter will be forwarded to our Development Review Engineer. While the concems you raise are valid, your letter alone can not be accepted as an appeal. Appeals must be filed on the appropriate City forms accompanied by the fee and a brief summary of the specific issues for the appeal. It appears from your letter, however, that you are not truly wanting to appeal this decision but that you want to insure we pay close attention to the drainage from this development. As you noted in your letter, drainage is also a concem to the City on this site. A condition of approval for this decision, therefore, is that the applicant hire a civil engineer to prepare a downstream analysis. The Engineer must identify potential solutions for properly disposing of the site runoff without impacting downstream properties. The applicant will not be able to obtain final approval and record the partition plat until all the conditions of approval are met to the satisfaction of City staff. • Brian Rager, our Development Review Engineer will review the Engineer's analysis and final approval will not be granted until the drainage is adequately accommodated. Please be aware that we are only able to respond to drainage impacts created by this development. You may not notice a decrease in existing drainage problems, but on the other hand, you should not see an increase. I am also forwarding a copy of your letter to our Public Works Department to both make them aware that there are problems, and to see if there is anything that the City can do to alleviate existing problems. I would also like to address a few of your comments, simply for your future reference. A partition is reviewed as a staff level decision, meaning staff makes the decision and there is no public hearing. There are also no meetings held with the public to discuss the proposal prior to staff issuing a decision. The February 11, 1998 date indicated on the "Notice of Decision" you received is the final date to file an appeal on the decision. Appeals must be filed on forms provided by the City by the date and time specified in the decision accompanied by the required filing fee. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Page 1 of 2 I hope this letter addresses your issues and concems. • If I can be of any further assistance, please don't hesitate to contact me at (503) 639 -4171 x407. Sincerely, • Julia Powell Haj uk Associate Planner i:kurpinyulia\holden.doc c: Dick Bewersdorff, Planning Manager Brian Rager, Development Review Engineer MLP 97 -0018 land use file Ed Wegner, Public Works Director 1998 Planning correspondence file • • • 2/4/98 Donna Holden Letter Page 2 of 2 re: MLP 97 -0018 Drainage Concerns January 31, 1998 , _ '1/4.0 Pligto Richard Bewersdorff 0/N 7.040, 4 9,g City of Tigard Planning Division, 9 Tigard City Hall, R O 13125 SW Hall Boulevard, Tigard, Oregon, 97223 Dear Sir: Yesterday, I received the Slimick Partition (MLP 97 -0018) in the mail, and I am very concerned about the water problem we have at Dakota Knoll, (9720 to 9800 SW North Dakota) the apartment complex that appears to be directly below the Slimick • property. We do have a serious problem with water continually draining through our property from the hill behind us. It runs under our buildings and through the back yards of E building creating a serious stream. I am glad to see that you also have this concern and trust that you will see this problem is taken care of in a proper method before the Slimick's are allowed to partition or build on the property. I did not understand if it was to be a complex or single family dwelling to be built there. I had not ever reported the problem to the city, as I did not realize they could do anything about it. 1 am leaving town this weekend, so do not have the proper appeal papers at this time. Since we had previous plans to be in Arizona for a family reunion we will not be available to attend the February 11, 1998 meeting. I hope this letter will suffice as an appeal and will place trust in you to handle the concerns in the proper manner. Thank you for your efforts. Sincerely, , C Donna Holden 5458 SW Murray Blvd. Beaverton, Oregon 97008 R January 31, 1998 " Richard Bewersdorff 0 /4, O !se City of Tigard Planning Division,r� Tigard City Hall, "w'0 13125 SW Hall Boulevard, Tigard, Oregon, 97223, Dear Sir: Yesterday, I received the Slimick Partition (MLP 97 -0018) in the mail, and I am very concerned about the water problem we have at Dakota Knoll, (9720 to 9800 SW North Dakota) the apartment complex that appears to be directly below the Slimick property. We do have a serious problem with water continually draining through our property from the hill behind us. It runs under our buildings and through the back yards of E building creating a serious stream. I am glad to see that you also have this concern and trust that you will see this problem is taken care of in a proper method before the Slimick's are allowed to partition or build on the property. I did not understand if it was to be a complex or single family dwelling to be built there. I had not ever reported the problem to the city, as I did not realize they could do anything about it. I am leaving town this weekend, so do not have the proper appeal papers at this time. Since we had previous plans to be in Arizona for a family reunion we will not be available to attend the February 11, 1998 meeting. I hope this letter will suffice as an appeal and will place trust in you to handle the concerns in the proper manner. Thank you for your efforts. Sincerely, Donna Holden 5458 SW Murray Blvd. Beaverton, Oregon 97008 • . I. 14.,•■■•..1 ...•• . . o. 4 • .. .. . . . . . . .- .. . . . . • • 4 • . *Woo, G.F10.41....... . ... I ri . • .. • . . • ...4 3 ........,.._,—, 4 OJ .- ..... Q Avq -1 rl 5 ,..qi „, ./ ,-- 9 .) ../. ri e .... / ( • .„,, ,.. 1. ,.....--- ....---- .,, 0.° , ............_ ../ ,/ . ............__............---- . .• , . :t.. ., 0 0 .. .., , ...„ .... ......,,.... , ., „.... -. •...... . ..------ 7,7 .• -. 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