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SUB1995-00003 • CITY OF TIGARD W ashington County, Oregon • NOTICE OF FINAL ORDER NO. 95 - .. PC BY PLANNING COMMISSION Concerning Case Numberis): SUB 95- 0003IPOR 95- 00041VAR 95.00071SLR 95.00081ZON 95 -0004 Name of Owner. Windsor Properties Name of Applicant: Same Address of Applicant: P.O. Box 647 City: Hillsboro State: Oregon Zip: 97223 Address of Property: 9775 SW N.Dakota Si, east of SW Greenburn City: Tigard State: Oregon Zip: 97223 Tax Mao and Lot No /s).: 1S1 35CA. tax lot 500 and 1S1 3580, tax lot 1100 Request: A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul- de-sac of 475 feet, whereas, the code states the maximum cul- de-sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, Zone: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. Action: u Approval as requested ® Approval with conditions 0 Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: 23 Owners of record within the required distance Z Affected governmental agencies 23 The affected Citizen Involvement Team Facilitator ® The applicant and owner(s) THE DECISION SHALL BE FINAL ON AUGOST 30 , 1995 UNLESS AN APPEAL IS FILED Decision: The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any parry to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON AuGasr 30 , 1995 Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639 -4171. :LB 95- 0001POR 95 004∎VAR 9S -000::5LR 95-00082ON 93-0004 NOTICE OF FINAL ORDER NO. 9SeePC WINDSOR PROPERTIES BY THE PLANNING COMMISSION CIJF TIGARD PLANNING COMMISON FINAL ORDER NO. 95 -08 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS APPROVING AN APPLICATION FOR A - SUBDIVISION, ZONE CHANGE, PLANNED DEVELOPMENT, SENSITIVE LANDS, AND VARIANCE. SECTION I. PROPOSAL SUMMARY FILE NAME(s): DAKOTA VILLAGE II CASE NO(s): Subdivision SUB 95 -0003 Zone Change ZON 95 -0004 Planned Development PDR 95 -0004 Variance VAR 95 -0007 Sensitive Lands Review SLR 95 -0008 APPLICATION: The applicant requests for the following development applications: 1) Subdivision approval to divide approximately .83 acres into 6 lots ranging in size from 2,160 square feet to 20,011 square feet; 2) Zone Change approval to apply the Planned Development designation to the property in addition to the current Residential R -12 zoning designation of the subject property; 3) Planned Development Review approval to allow the construction of a private street and creation of lots less than the minimum lot size allowed under the base zone; 4) Variance approval to allow a private street to serve 24 units, whereas the code limits a private street to serve a maximum of 20 lots and a variance to allow a cul -de -sac of 475 feet, whereas the code states the maximum cul -de -sac length shall be 400 feet; and 5) Sensitive Lands Review for construction of a sewer line within the 100 -year floodplain. APPLICANT: Windsor Properties Ltd. Owner: Same P.O. Box 647 Hillsboro, OR 97124 COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (6 -12 units per acre) ZONING DESIGNATION: R -12 (Residential, 12 units per acre). LOCATION: (WCTM 1S1 35CA, tax lot 500) and (WCTM 1S1 35BD, tax lot 1100). North of SW North Dakota Street, East of SW Greenburg Road and west of SW 95th Avenue. SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 1 APPLICABLE LAW: Cotinity Development Code Chapterse32, 18.54, 18.80, 18.84, 18.88, 18.92, 18.100, 18.102, 18.108, 18.134, 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.4, 4.2.1, 7.1.2, 7.4.4, 7.5.2, 7.6.1, 7.7.1, 8.1.1 and 8.1.3. SECTION II - DECISION: Notice is hereby given that the Planning Commission has approved the - proposal subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED THE STAFF CONTACT FOR THE FOLLOWING CONDITIONS IS MICHAEL ANDERSON WITH THE ENGINEERING DEPARTMENT. 1. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. The private street shown as Tract "C" shall be constructed with a minimum pavement width of 24 feet within a 31 foot easement. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 3. The applicant shall direct storm water from the new construction to the on -site water quality facility under construction in Dakota Village, Phase I., pursuant to the Unified Sewerage Agency Order No. 91 -47. The proposed facility shall be dedicated to the City of Tigard. The facility shall be maintained by the developer for a three year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171). 4. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989." SUB 95- 0003/PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 2 5. The applicant shall pde a final grading and drainage pthat provides for the drainage from the adjoining properties. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) 6. The applicant shall make an appointment for a pre - construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer, and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) 7. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer- engineer agreement and payment of all permit fees. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 8. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance bond. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate Maintenance Bond. 9. The applicant shall provide for the joint use and maintenance of the private street in Tract "C" and the final subdivision map shall include notice of this requirement. The maintenance shall be provided by either a bonded maintenance agreement or by the creation of a homeowners association responsible for the maintenance, or attachment to the homeowners association established for Dakota Village, Phase I. STAFF CONTACT: Michael Anderson, Engineering Dept. (639 -4171) 10. Street Tree Plan. 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). 11. A tree removal permit shall be obtained prior to obtaining any site permits. No tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. 12. A landscaping and exterior lighting plan for the residences and private street shall be submitted for review and approval by the City of Tigard Police Department. 13. The applicant shall provide a public access easement over tract "C" to allow the continuation of the easement provided within Tract "A" of the Dakota Village. The easement shall provide access to the public greenway. SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 3 • • THE APPLICANT SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION OF APPROVAL PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS 14. All site improvements as per the approved revised site plans. 15. The applicant shall provide street trees in compliance with Section 18.100.35. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE _ COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. SUB 95- 0003/PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 4 • B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 3. SECTION 18.160.190 Filing and Recording A Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. B. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 4. SECTION 18.162.080 Final Plat Application Submission Requirements A. Three 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. Street centerline monumentation shall be provided as follows: 1) Centerline Monumentation a) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: a) All centerline- centerline intersection points. b) All cul -de -sac center points. c) Curve points, beginning and ending points (PC's and PT's). 3) Monument Boxes Required a) Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 5 S S b) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hadley, Engineering Dept. (639- 4171). 5. SECTION 18.164 - A. 18.164.120 Utilities 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted - connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. B. 18.164.130 Cash or Bond Required 1. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. 2. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. 3. The Cash or bond shall comply with the terms and conditions of Section 18.160.180. C. 18.164.150 Installation: Prerequisite /Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. D. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 6 G. 18.164.200 Engar's Certification Required • 1. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN . EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site location, size and shape: The site is located approximately 500 feet east of SW Greenburg Road, north of SW North Dakota Street, south of SW Shady Lane and west of SW 95th Avenue. The site contains .83 acres and is a 190 foot wide quadrangle whose easterly line is some 230 feet deep and is 180 feet deep along the west property line. The site slopes gently to the north, falling at about 3 percent across the southern portion of the property, descending sharply as the old railroad embankment falls away to the floodplain area. Background: In 1994, a Subdivision approval was granted (SUB 94 -0004 / PDR 94 -0005 / ZON 94 -0009) for a 22 lot subdivision. Following the subdivision approval, a lot line adjustment (MIS 95 -0005) was approved between tax lots 500 and 1100. Neither the subdivision nor the lot line adjustment has been recorded. Existing Conditions and Proposal Description: The majority of the site is vacant and covered with grasses, shrubs and trees. The Engineering Department has approved construction plan for (SUB 94 -004) and construction is expected to begin later this summer. The approved construction plans were modified to incorporate the private street and water quality facility as proposed in this current application. The applicant is proposing to subdivide the parcel into 6 developable lots with an additional tract "B" to be dedicated to the City. The lots will average 2,160 square feet whereas the base zone requires a minimum lot size of 3,050 square feet. These smaller lots will be built with single - family attached housing. The applicant is proposing to dedicate a 20,011 square foot tract "B" to the City for public open space. An existing City of Tigard open space tract is located to the north of this property. The applicant is also applying for a sensitive lands permit to connect to a Unified SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 7 Sewerage Agency Trunlie adjacent to Ash Creek. This lit was a condition of the 1994 • subdivision. Surrounding land uses: Surrounding properties are zoned R -12 (Residential, 12 units per acre). Adjoining properties to the east and west are developed with multi - family apartment complexes. The surrounding area is developed with residential dwellings. Ash Creek is located north of the property and contains floodplain and wetland area. Section IV. APPLICABLE APPROVAL STANDARDS A. Community Development Code: Development Standards: Section 18.54 contains development standards for the R -12 zone. Development in the R -12 zoning district must comply with the following development standards: Minimum lot size 3,050 square feet Average lot width none Front setback 15 feet Garage setback 20 feet Interior sideyard setback 5 feet Corner sideyard setback 10 feet Rear setback 15 feet Maximum building height 35 feet ❖ With the exception of minimum lot size for use in calculating project density, the lot size standard does not apply to the development due to the applicants' use of a Planned Development. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92 and that front and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.120. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 8 1. Developmeof the land in accordance with the eisions of the "Established Area" would: a. Result in an inefficient use of land; b. Result in removing significant natural features; or c. Result in a change of the character of the area surrounding a significant historic feature of building; 2. The planned development approach is the most feasible method of developing the area; and 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 (Density Computations) can be met. Density: Section 18.92.020 contains criteria for determining residential density. The number of dwelling units permitted in a Planned Development is based on the net development area excluding sensitive land areas, land dedicated for public right -of -way, and land proposed for private streets. The remaining area is divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street plant street trees. Clear Vision: Section 18.102 contains standards for clear vision areas to aid in pedestrian and motorist safety. The Code specifies vision clearance triangles adjacent to intersections in which the height of plantings, signs, and other structures are limited to three feet in height to assure safe and adequate site distance at intersections to reduce potential hazards from vehicular turning movements. Trees within this area are allowed but all limbs must trimmed below eight feet. Access, Egress, Circulation: Section 18.108 contains standards for the width of access driveways to single family residences. In order to comply with the standard each lot must be provided with a ten foot wide residential driveway. Solar Access: Section 18.88 contains solar access standards for new residential development. A subdivision complies with the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80% or more of the newly created lots meet this standard. The Code provides exceptions for development constraints due to existing development and street alignments. Section 18.88.040(E) allows the approval authority to exempt new lots from the solar access standard in certain cases including situations where existing right -of -way prevents lots from being oriented for solar access. SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 9 Tree Removal: Section .150.020E re uires a ermit for removal of trees having a trunk six • () q P 9 inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; . b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance - between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To comply, a preliminary plat must meet the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. The streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Streets and Utilities: Section 18.164 contains the following standards for streets and utilities serving a subdivision: 1. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. 2. Section 18.164.030(E) requires a residential access street to have a minimum 24 -foot paved roadway width. SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 10 3. Section 18:164.0 *) states that design standards for late streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. 4. Section 18.164.030(K) requires that a cul -de -sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. 5. Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or; b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. c. For non - residential blocks in which internal public circulation provides equivalent access. 6. Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the block. • 7. Section 18.164.060 prohibits lot depth from being more than 21 times the lot width and requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 8. Section 18.164.070 requires that sidewalks be constructed adjoining all residential streets. 9. Section 18.164.090 requires sanitary sewer service. 10. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Variance: Community Development Code section 18.134.050 provides standard for granting a variance: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; SUB 95- 0003/PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR ANAL ORDER PAGE 11 2. There are special.umstances that exist which are pillar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be - maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; 4. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title; and 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. Sensitive Lands- Floodplain: Chapter 18.84.040(A) states that the appropriate approval authority shall approve or approve with conditions an application request within the 100 -year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rise floodway shall not result in any narrowing of the floodway boundary. 2. Land form alterations or developments within the 100 -year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood. 4. The land form alteration or development plan includes a pedestrian /bicycle pathway in accordance with the adopted pedestrian /bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. 5. The plans for the pedestrian /bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 12 • 7. Where land form alterations and/or development are allowed within and adjacent to the 100 -year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. Sensitive Lands - Wetlands: Chapter 18.84.040(D) states that the appropriate approval authority shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. 3. Any encroachment or change in on -site or off -site drainage which would adversely impact wetland characteristics have been mitigated. 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. 5. All other sensitive lands requirements of this chapter have been met. 6. The provisions of Chapter 118.150, Tree Removal, shall be met. 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. B. Applicable Comprehensive Plan Policies: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Sensitive Lands - Floodplain: Policy 3.2.1 provides that the City will prohibit any development within the 100 -year floodplain that would result in any rise in elevation of the 100 -year floodplain. SUB 95- 0003/PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 13 Sensitive Lands - Wetl.: Policy 3.2.4 prohibits developit within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within 25 feet of the designated wetlands area. Water Quality: Policy 4.2.1 provides that all development within the Tigard Urban Planning Area shall comply with applicable federal, state, and regional water quality standards. Public Utilities: Policies 7.1.2, 7.2.1, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Police Protection: Policy 7.5.2 states that the Tigard Police Department shall review development applications to ensure adequate Police protection is available to serve each new development. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate Fire Protection is available to serve each new development. Coordination with Serving Utility Providers and Public Agencies: Policy 7.7.1 states that the City shall ensure that each private and public utility and public agency is provided with plans, programs, and schedules outlining any anticipated construction or reconstruction of public streets. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. SUB 95- 0003 /PDR 95- 0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 14 • • STAFF & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed this application and has offered the following comments: A. Streets: The project proposes to extend the private street connecting to SW North Dakota Street that is a part of the Dakota Village subdivision under construction. This road extension would provide access to the proposed lots. The new street would extend approximately 100 feet beyond the "t" type turnaround that is proposed for Dakota Village, and will maintain the access to the City Maintenance Department driveway that connects to the water quality facility at the end of the private street. With regards to private street standards, under Section 18.164.030.S, the use of private streets is allowed within Planned Developments and the standards are established by the City Engineer. The street width for this private street was established at 24 feet with the approval of the Dakota Village subdivision as noted in 1994, consistent with the new City street standard for public cul- de -sacs. The applicant has requested approval of a variance to allow an increase to the number of lots using the private street cul -de -sac from twenty as required by Section 18.164.030,K, to 26. The applicant's request indicates that this is an in -fill project and there is no other viable use of the northerly portion of this property that is surrounded by the City's open space greenway along the Ash Creek on the north and existing multi - family developments on the east and west. Section 18.164.030.S relating to private streets also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the streets in perpetuity. The applicant should be required to attach this subdivision to the homeowners association established for Dakota Village. B. Sanitary Sewer: The applicant proposes to connect a the new sewer main under construction with Dakota Village that will cross the contiguous property to the north and connect to the existing 30 inch trunk public sanitary sewer main that is located adjacent to Ash Creek. The 30" main is owned and operated by the Unified Sewerage Agency and will require a permit from the Agency. The construction across the creek area requires the Sensitive Lands Review that is a part of the application. The existing line has the capacity to serve this development. SUB 95- 0003/PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 15 • • C. Storm Drainage: The applicant proposes to collect the storm water in the new underground system under construction at the end of the private street. This storm drain will deposit the run -off into a water • quality dry pond that is to located within the proposed open space lot under construction with the Dakota Village subdivision, along the northerly property line. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on- site water quality facilities or fees in -lieu of their construction. The water quality facility under • construction will satisfy the USA requirements. The proposed facility will be dedicated to the City. The applicant should be required to maintain the facility for a period of three years prior to the acceptance for maintenance by the City. 2. The Unified Sewerage Agency states that sensitive area defined by R &O 91 -47 / 91 -75 must be protected by a 25 foot undisturbed corridor. Corridor and sensitive area to be in a separate tract, not a part of any buildable lot. 3. General Telephone has reviewed this application and has stated that the developer is required to provide trenches according to GTE specifications. 4. Tualatin Valley Fire and Rescue states that parking of vehicles will not be allowed in the turnaround located next to lot 21. No parking signs shall be installed to indicate no parking areas. 5. The City of Tigard Maintenance Services Department, City of Tigard Building Division, City of Tigard Police Department, Tualatin Valley Water District, Portland General Electric have no objections to this proposal. 6. The Planning Division has received no other objections or comments concerning this application. Section V. EVALUATION OF THE REQUEST A. Compliance with Community Development Code: Development Standards: Setbacks on the proposed lots shall be reviewed for compliance at the time of plan check review for Building Permits. The proposed lot sizes are less than the minimum allowed as per the Planned Development approval. SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 16 Planned Development: Os application satisfies the criteria flowing a planned development in an "Established Area ". This criteria was also satisfied for Dakota Village (SUB 94 -004). Development as a Planned Development would allow a more efficient use of land as it allows the clustering of units on smaller lots while preserving areas for open space. A Planned Development allows the provision of a private street and enables the developer to avoid a street connection across the wetland and floodplain area. A planned development is also the most feasible method of maintaining the medium -high density characteristics of the surrounding area while preserving open space. Density standards will be satisfied with this proposal. Density: The applicant is proposing to develop a .83 acre site. However, the proposed parcel incorporates the northern portion, lot #11 and tract B, of the Dakota Village subdivision (SUB 94- 0004). Since the applicant is modifying the 1994 approval it is necessary to calculate the density based on the total square footage being developed in the two phases. The total land area encompassed by the subdivision is approximately 2.4 acres or 104,544 square feet. The total density allowed on 2.4 acres is 27 lots. The applicant is proposing 27 lots, thereby satisfying the density standard. Landscaping: The applicant shall plant Street Trees in accordance with the standards set forth in Section 18.100.035. The Code requires the planting of Street Trees at certain intervals based on the size of the tree species at maturity. A street tree plan shall be submitted for review and approval. Clear Vision: The Building Division will review each Building Permit for compliance with setback standards set forth for structures within the clear vision area. Solar Access: The existing orientation of SW North Dakota Street, the orientation of the private street and the configuration of the subject site prevents the proposed lots from being orientated for solar access. Therefore, the proposed lots are exempt from the solar access standards. Tree Removal: A tree removal permit shall be obtained prior to obtaining any site permits and no tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. Subdivision Design: Section 18.160.060(A) provides standards for review of subdivision proposals. 1. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site as well as with applicable Comprehensive Plan policies, the regulations of the R -12 zone, and other applicable ordinances and regulations; SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 17 2. The proposed na f the subdivision, Dakota Village (t!, is not duplicative of any other plat recorde in Washington County; 3. The site does not abut properties with approved plats which would require conformity or connectivity with the plats of adjoining areas. The street design and width approved by the City Engineer would provide for both adequate and safe access to the lots in this subdivision. 4. The applicant has provided an explanation for all common improvements including the provision for public services such as sewer, water, drainage and street improvements. Street and Utility Improvements: Chapter 18.164 provides standards for street and utility improvements. The design of this subdivision is consistent or shall be consistent with these requirements due to the following: 1. The approved private street connects with a dedicated and improved local public street. 2. The applicant has proposed a private street with a 31 foot right -of -way width with 24 feet of pavement and a 5 foot sidewalk. The applicant has also been conditioned to provide for a bonded maintenance agreement or provide a homeowners association for street maintenance. 3. Each lot exceeds the minimum street frontage standard of 25 feet. The lot depth requirements do not apply to lots created through the planned development process. 4. The applicant has been conditioned to bond for and construct all necessary sidewalks serving this subdivision. 5. The applicant has requested and received a recommendation for a variance to the maximum cul -de -sac length and number of units served by a private street. 6. The applicant has designed a water quality facility and will construct the storm drainage system to City of Tigard Public Works standards. 7. Sanitary sewer service shall be provided. 8. The block length created by this application will be in excess of 1,800 lineal feet. However, this site is constrained from providing the required block length due to the location of the 100 -year floodplain. Where blocks are greater than 600 are permitted pedestrian connections shall be provided. Since the block length is greater than 600 lineal feet, the applicant shall be required to provide a pedestrian easement within the private street to provide access to the adjoining greenway. The Tigard Park's Plan states that greenways occur within the City as linear recreation corridors and include both developed SUB 95- 0003 /PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 18 greenways with lid pathways, and undeveloped natillareas in which pathways will be constructed in the future. An easement within the private drive will enable a connection with the pathway system and reduce the block size made up by SW Greenburg Road, SW Shady Lane, SW 95th Avenue and SW North Dakota Street. Variance : Length of Cul -de -sac and Number of Units. Chapter 18.134 provides standards for variances. This proposal is consistent with these requirements due to the following: Criteria 1: The variance will not be materially detrimental to City standards nor to other properties in the same zoning district. The proposed width of the private street has been approved by the City Engineer and will be adequate for serving the number of units requested. Emergency vehicles will have the required area for maneuvering and turning around. The applicant is requesting only an approximately 20 percent increase in the length and number of units served by a cul -de -sac. Criteria 2: The special circumstances which exist are the surrounding developments which preclude street connections, the shape / depth of the site and location adjacent to the 100 -year floodplain. The shape of the site requires a street oriented in a north - southdirection, while surrounding development precludes any type of connection with an adjoining street. The floodplain prohibits a street connection from SW Shady Lane to the north. Therefore, the only reasonable access is from an extension of the private street approved with the Dakota Village subdivision. Criteria 3: The requested variance will in no way affect the permitted use status of the proposed development. All other City standards will be maintained. Criteria 4: Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested. Drainage will be connected to an approved system thereby minimizing adverse effects on the natural system. Traffic will be no heavier than that allowed by the density of the zone. In fact, existing natural systems would be adversely affected if this variance were not approved as the applicant would be forced to apply for a fill permit with the Army Corps of Engineers and Division of State Lands for construction of a road across the floodplain and wetland area in order to provide access to this site. Criteria 5: The hardship related to this variance is brought about through the location of the 100 -year floodplain and adjoining development which preclude connection to another public street. The requested variance is the minimum variance which would alleviate the hardship. The applicant is proposing an approximately 20 percent increase in the length of the cul -de -sac and the maximum number of units served by it. Sensitive Lands Review - Wetlands: Chapter 18.84 provides standards for land for alterations within wetlands. This proposal is consistent with these requirements due to the following: SUB 95- 0003/PDR 95 -0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 19 • • Criteria 1: The proposed sewer line will be within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. Criteria 2: The extent and nature of the proposed land form alteration or development will not create site disturbances greater than the minimum required for the use. The extent of the alteration will be to dig a trench for the sewer. Impacts to the vegetation will be • mitigated. Criteria 3: This project does not change on -site or off-site drainage. Criteria 4: The minimal amount of vegetation loss expected with construction will be replanted. Erosion control measures shall be as conditioned by the approved Division of State Lands permit. Criteria 5: Other applicable sensitive lands requirements have been met as addressed in this report. Criteria 6: No trees larger than six inches in diameter will be removed for this project, therefore this provision does not apply. Criteria 7: Applicable Comprehensive Plan Policies are satisfied as discussed, in section B Comprehensive Plan Policies, below. Sensitive Lands Review - Floodplain: Chapter 18.84 provides standards for land for alterations within floodplains. This proposal is consistent with these requirements due to the following: Criteria 1: This project shall preserve the floodplain storage function and maintenance of the zero -foot rise floodway as this project will be placing a sewer line underground and will therefore not impede water flow or increase volume within the floodplain. Criteria 2: The subject project is in area designated as Residential on the Comprehensive Plan Land Use map but is considered a utility and is therefore allowed. Criteria 3: This land form alteration will not result in any increase in the surface elevation of the 100 -year flood as this project will for constructing an underground sewer and will therefore not impede water flow or increase volume within the floodplain. Criteria 4: The sewer connection requires that the applicant cross the floodplain area. The location of the floodplain is within property owned by the City of Tigard. This project does not include a pedestrian pathway as this criteria is not applicable since the applicant does not own the property containing the floodplain area. SUB 95 -0003 /PDR 95- 0004/SLR 95 -0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 20 • Criteria 5: This criteria is not applicable as the applicant does not own the property containing floodplain area and a path is not required with this application. Criteria 6: The applicant has obtained the necessary permits from the Division of State Lands and Army Corps of Engineers. Criteria 7: This criteria is not applicable as the property containing the floodplain area is already dedicated to the City of Tigard. B. Compliance With Comprehensive Plan Policies Citizen Input: The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to owners of property in the vicinity of the site. 2. Sensitive Lands: Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100 -year flooplain. 3. Sensitive Lands: Policy 3.2.2 is satisfied because this development will preserve the function and maintenance of the zero -foot rise floodway. 4. Sensitive Lands: Policy 3.2.4 is satisfied as this wetland is not designated as significant wetland on the Comprehensive Floodplain and wetlands map. 5. Water Quality: To comply with Policy 4.2.1, the developer shall construct an on -site water quality facility. 6. Police Protection: The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. 7. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 8. Coordination with Serving Utility Providers and Public Agencies: The subdivision complies with Policies 7.1.2, 7.2.1, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Neither the developer or the service providers have objected to the provision of utility services to this site. SUB 95- 0003 /PDR 95 -0004 /SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 21 9. Street Improveme410 The subdivision proposal complieOth Policies 8.1.1 and 8.1.3 because the proposed extension of improvements to and within the development should contribute to a safe and efficient street system in this area. The internal streets serving the subdivision shall meet City standards in terms of design requirements for local streets. It is further ordered that the applicant and the parties to these proceedings be notified of the entry of . this order. PASSED: This / day of August, 1995 by the Planning Commission of the City of Tigard. (Signature box below ) City of Tigard Planning Commission SUB 95- 0003/PDR 95- 0004/SLR 95- 0008NAR 95 -0007 WINDSOR FINAL ORDER PAGE 22 • . ..• lir ..':;. ic , .., --- 1 4 I • * * * --t ---• .-- . . * * Nz * 44* 41110t i - co . \ . u .0-•.. ••,' . i • _ . .....• . ..■ ...N. , , . 1 t . . . 1 • -.... 4 .,,.., \ . ____, ::: - : : . i „•, .,.. i , t i 1 ., • • — ', : I : • ' :1 i L , • :• 1, it. ---\ ... , • • . : z. .... •• • .. • \ ., : : •:!:: j r • i‘ _... .1 1 5' ' . i ' " • • • f..)! 1-.3 / 1111 •—■ • \ • . .: ' i ' t • : • • 1 k Wt..) i cb An...,‘, ' . ■ : i ' • / M 07N • • • : : . -- ----. a ( ou a - ‘ s .• . X ...o ri i ......... 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A H 1 1 IL „,.........- BLVD SHADY LN J 0 w • CI ; Z TH DA OTA T N ORT DAKOTA l ii i II " 1111111 III cc 1� �� ■ plirmm-Li., I— 414 CPI il = 0 ■ III lirw > - - ■ 8°4?G 5 Mr Atli OT LEWIS LN 1 ' VICINITY EXHIBIT MAP CAS SUB 9 410 VAR 95 -0007 SLR 95 -0008 NORTH ZON 95-0004 Scale V:200* FEET PROPERTIES WINDSCR 0 400 800 M: \GISOAT \TIGCCV \NELSOWG \SXN17 7/13/96 ROPOSAL DESCRIPTI , FILE NO: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW 95- 0004 /VARIANCE (VAR) 95-0007 /SENSITIVE LANDS CITY OF TIGARD OREGON REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 FILE TITLE: WINDSOR PROPERTIES APPLICANT: Windsor Properties, Inc. OWNER: Same P.O. Box 647 Hillsboro, OR 97124 (503) 640 -1755 REQUEST: A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, CRITERIA: and 8.1.3. Community Development Code Chapters 18.54,18 .80,18.88,18.92,18.100,18.102, 18.106, 18.108, 18.150, 18.160, and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION X PLANNING COMMISSION DATE OF HEARING: 7/17/95 TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER X STAFF CONTACT: Will D'Andrea (503) 639 -4171 x315 SUB 95 -0003 /PDR 95 -0004NAR 95 -0007 /SLR 95-0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES / N • i CITY OF TIGARD OREGON June 16, 1995 Mark Dane Staff Planner Alpha Engineering, Inc. 9600 SW Oak Street, Suite 230 Portland, OR 97223 RE: Notice of Incomplete Submittal Dear Mr. Dane: This letter is a follow -up to our earlier telephone conversation. The planning division has conducted a preliminary review of Subdivision (SUB) 95 -0003, an application for a (6) six -lot subdivision and have found that certain application materials were not provided with the submittal. The planning division is unable to continue processing the application pending submission of the following items and plan notes: 1.) Title Transfer Instrument/Deed 2.) Wetlands Delineation Map • If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea Assistant Planner h:Vogin\patty\sub95 -03.Iet 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Ak . , �� .. . • • .. ti ° W 5 ' 0 . 5 0' �.'� ' • S' 68 0? , 'ik ))N 52'10'03" E 82• NIC OQ 11.53' (e/ ' ( 3 - - ,...}:...-• �0- o / / i1 . :, z F �l`1\ �`' ♦ . 61 '64/ 1 - [W S P 61 4 / 1 - h; g I N �� / f (cckL r y' ...._.... ACCESS ROAD d IA) 01/6'e-g- y 6L J -,,, , 5 LP MGT B 1,0 rp ,i / pi id, p ,y,•\ : `L c 4 v 12334 SF I ' ` Qd� ,c ( - S S 00'17'19" E 6 1 � P (0_ SIGN - "NO PARKING 31.51' N v 31 .00 FROM HERE q 3 a 1 `� TO CORNER" r73 SF v , a•., o N 80.00' N N 1^ v 2,160 SF J • i c . 1 4.00' 3 o 80.00' or k,. 42.43' 11' 50.00' I Ni N 11' S8'34'31 "w v 1 2 ,160 SF v O O V 1 4.00 J_ A3 o_ 80.00' 0.. 1 < N N 1 ° 0 1) 3,241 SF o > v 14 2 ,160 SF v 80.54' 12.00' 0 80.00' ° oI , Z N N N,, a 2,175 SF v: v la 2,160 SF v o T: o ° o 80.60' o 0 80.00' o 1 0 2,177 SF v I 3 2,160 SF O I tv ° o_ ' o 0 80 .00' O 80.67' - 1 U , . , m V : IO ° N N " 4 v 7 2,179 SF ; N 17 2,160 SF v 0 3 cn o o cO ,t 0 .. o 80.73' °- i Iv ° 80.00' 0 5 t - J:: SIGN - a 2,181 SF J -, v .2 2 SF - "NO PARKING ;0 C `n p O 1 THIS SIDE o 80.78 q 80 j OF STREET" 8 N N 1 N N t `` (6 PLACES) 1 v 5 2,182 SF ' 2 2,160 SF 1 r i° ° t v O 80.00' o TRACT A SHALL HAVE ` `.. NKET E. ' q 80'86 °- \ N N FOR ACCESS TO STORM & SANITA v ` � �'' v 2,184 SF v ; * 0 2.160 SF v �! ° ' 0l0 80. 0 ; r '' ° . 80 o - D 1 v 0 2,186 SF .1 — I v 2,160 SF v' 0 . :`, = ` ° o_ 80.9 ° o 1 o 0 80.00 o rn 39.99 41_00'_ O 15' STORM DRAIN ESMT z 1 J i -< v 100 CO c \ .- P CO I 2 '! o o 80 ! w •U! 0 6,825 SF 4 SCH. PVC 1 3,499 SF 3,490 SF o • IRRIGATION SLEEVE "STOP' SIGN b • N j . _ c^ dOIS � 60.86' 1 40.20' 9 2.14 2 ., ,�, !f -' -- — S 89'09'00" W 192.20' 5' S/W .i; . • • 5' S/W - — M ?.. .. . QITA T _ — — \— MONUMENT BOX CONSTRUCT FULL • :' HALF- STREET IMPROVEMENT -, • • :sr= 'PLAN ts, : i A..... d _s 1 " = 50' . • SCALE: �iY ,_ I,. t _ ' T4 . ' `j . • • , AFFIDAVIT OF MAILING ; A k CITY OF TIGARD OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath, depose and say: That I am a Senior Office Assistant for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: X City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER 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 17h day of July, 1995; said NOTICE OF PUBLIC HEARING/NOTICE OF DECISION/NOTICE OF FINAL ORDER as hereto attached, was posted on an appropriate bulletin board on the 17th day of July, 1995 and deposited in the United States Mail on the 17th day of July, 1995, postage prepaid. /.a.i.....g.:.. Allitillib!,: ,,, / / 'repared Notice) W i r Subscribed and sworn/affirmed before me on the ! 4-k` of �nL, 19 �1 1,/,, / ►.„ /.'i : — & —.L_I _J ' ' 8.0 OFFICIAL SEAL NOTARY PUB Jr OF OREGON :. f'- DIANE M JELDERKS ' NOTARY PUBLIC-OREGON N... COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07, 1999 My Commission Expires: SUB 95- 0003/PDR 95- 0004NAR95 -0007 /SLR 95- 0008 /ZON 95 -0004 HEARING'S OFFICER WINDSOR PROPERTIES/DAKOTA VILLAGE II 8/7/95 PUBLIC HEARING • UM PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, /A q l A AT A MEETING ON MONDAY, AUGUST 7. 1995 AT 7:00 PM, - 1! IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: e: uC • -ss. •. -t.t T • -is. • • -•t1: •l • -...4 FILE TITLE: WINDSOR PROPERTIES APPLICANT: Windsor Properties, Inc. OWNER: Same P.O. Box 647 Hillsboro, OR 97124 REQUEST ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2. Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3. Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to service a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4. Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5. Zone Change to record a Planned Development Overlay Zone on the zoning map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35DB, tax lot 1100). APPLICABLE REVIEW Community Development Code Section 18.54, 18.80, 18.84, 18.88, 18.92, 18.100, CRITERIA: 18.102, 18.106, 18.108, 18.134, 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1 and 8.1.3. ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE • TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF P 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. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE HEARINGS OFFICER WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARINGS OFFICER MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER JULY 17, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE SUFFICIENT SPECIFICITY TO AFFORD THE DECISION MAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE 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 PER PAGE. AT LEAST SEVEN 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 PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. 1 \ yV 1 !r iMAUY �_ \ s. '' i / 1 .\ / i / i ! \ \ i 7 ; SITE i ' A / _ __ ` 1 •� ':OR C. �AwCTa • '• \ i /\ i ce_ • yIl` t , / ! / i i T SiB 95- 0003/P1 9 WINDSOR PROPERTIES BIT B (Page 1 of 3) 95 -0007 /SLR 95-0008/9CN 9 00 0 1S135CA -90113 (� 1S135CA -90115 WESTCOTT, DAVID R WHITE, VERNON C /VALLEDA N L .5828 SW CHELTENHAM DR 1040 NEPTUNE CT SE PORTLAND OR 97201 SALEM OR 97301 1S135CA -90126 1S135CA -90128 .WAIBLE, RICHARD L IHLI, PERRY 2133 N SKIDMORE CT 277 S BROOKHURST ST PORTLAND OR 97217 APT #C -208 ANAHEIM CA 92804 1S135CA -90125 1S135CA -90127 MITCHELL, RONALD P MARSH, ALGER HERBERT AND 14970 SW 109 AVENUE GLORIA TIGARD OR 97224 2590 WARWICK ST WEST LINN OR 97068 1S135CA -90137 1S135CA -90138 CAMPBELL, TAMMY R BECKER, RICHARD W & 11048 SW GREENBERG RD #137 PETERS, BEVEN D TIGARD OR 97223 7954 SW 48TH AVE PORTLAND OR 97219 1S135CA -90139 1S135CA -90140 REMLEY, FAYE A BYRNS, GEORGE F MERGET, TONYA 11048 SW GREENBURG RD #140 11048 SW GREENBURG RD #139 TIGARD OR 97223 TIGARD OR 97223 1S135CA -90217 1S135CA -90219 WESTCOTT, DAVID COFFELT, LOIS M 5828 SW DR 16820 SW INVERURIE D OR 97201 LAKE OSWEGO OR 97035 1S135CA -90229 1S135CA -90230 GOVSTEIN, GENNADY & KIRA BALDWIN, RICK J AND 14735 SW DAPHNE CT PATTI ANNE BEAVERTON OR 97007 13145 SW TAPADERA ST BEAVERTON OR 97008 1S135CA -90231 1S135CA -90231 OREGON DEPT OF VETERANS AFFAIRS OREGON DEPT OF VET R c/o KAPUSTKA, STAN F AND ARLENE E c/o KAPUST F AND ARLEN 12618 NW BARNES RD APT 6 12618.= ES RD APT 6 PORTLAND OR 97229 LAND OR 97229 1S135CA -90232 1S135CA -90241 OREGON, STATE OF DEPT OF VETS AF GRANGE, GARY B & KAREN K c/o CHAPMAN, JOHN H & ELAINE L F -43 11579 SE FALBROOK DR 10112 SW TRAPPER TERR CLACKAMAS OR 97015 BEAVERTON OR 97005 1S135CA -90242 1S135CA -90243 COOPER, SCOTT GEORGE FUKUSHIMA, FLORENCE K 11048 SW GREENBURG RD #242 11048 SW GREENBURG RD #243 TIGARD OR 97223 TIGARD OR 97223 SUB 95- 0003 /PDR 95 -0004 /VAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 WINDSOR PROPERTIES (Page 2 c3 410 411 1S135CA -90244 1S135CA -90321 'PARKER, DAVID HORACE WAHL, KIMBERLY ANN ; 11048 SW GREENBURG RD #244 14175 SW LISA LN TIGARD OR 97223 BEAVERTON OR 97005 1S135CA -90323 1S135CA -90333 ZEIDER, JANET FORMERLY KYLE OREGON, STATE OF DEPT OF VETS 15300 SW 133RD c/o PENDLETON, CHARLES D ET AL TIGARD OR 97223 2025 SW 217TH AVE ALOHA OR 97006 1S135CA -90334 1S135CA -90335 KOFFEL, STEVEN ALLEN AND BICKFORD, HELEN SUE ALISHA KAY 11046 SW GREENBURG RD #335 2253 NE 164TH AVE TIGARD OR 97223 PORTLAND OR 97230 1S135CA -90336 1S135CA -90345 STATE OF OREGON C -06693 AHL, SANDRA IRENE DEPT OF VETERANS' AFFAIRS 9745 SW 130TH AVE c/o HAFLIGER, HAROLD E II BEAVERTON OR 97005 8906 NORTH WESTANNA PORTLAND OR 97203 1S135CA -90346 1S135CA -90347 ATLAS, MARK OREGON, STATE OF DEPT OF VETS 11048 SW GREENBURG RD #346 c/o SCHAFER, MICHAEL & KELLY TIGARD OR 97224 11048 SW GREENBERG RD #347 TIGARD OR 97223 1S135CA -90348 1S135CA -00307 ROWLANDS, CLEMENT B II TAMARYN ASSOCIATES 11048 SW GREENBURG #348 520 BROADWAY STE 260 TIGARD OR 97223 SANTA MONICA CA 90401 1S135CA -00400 1S135CA -00500 JUNGKIND, SOPHIE WINDSOR PROPERTIES LTD 8105 SW 68TH PL PO BOX 647 PORTLAND OR 97223 HILLSBORO OR 97124 1S135CA -00600 1S135CA -01202 SANITILLI, ARMAND J ET AL LOS ARCOS ASSOCIATES c/o LANGFUS, AARON ET AL PO BOX 389. PO BOX 02092 PALO ALTO CA 94302 PORTLAND OR 97202 1S135CA -01701 1S135CA -01700 HOLDEN, DONNA M LUCAS, DANIEL B JR & DOROTHY L 5458 SW MURRAY 2011 ALONA BEAVERTON OR 97005 SANTA ANA CA 97206 1S135CA -01702 1S135CA -01703 HOLDEN, DONNA M HOLDEN, DONNA M 5458 SW 5458 SW MT._JRRA • -. ON OR 97005 BEAVERT N OR 97005 SUB 95- 0003 /PDR 95- 0004 /VAR 95 -0007 /SLR 95- 0008 /ZON 95 -0004 WINDSOR PROPERTIES (Page 3/3) . 1S135CA -01704 1S135CA -01800 7HOLDEN, DONNA M JAUCH, ROGER P 5458 SW JAUCH, BRENT H TON OR 97005 10648 SW 41ST AVENUE PORTLAND OR 97219 1S135CA -04300 1S135CA -04400 LEE, PAUL AND LAURA E LEE, PAUL AND LAURA E 2206 NE 45TH AVENUE 2206 NE 45 E PORTLAND OR 97213 OR 97213 1S135BD -00700 1S135BD -01000 HARING, JACK TIGARD, CITY OF 2414 BROADWAY #8 13125 SW HALL VANCOUVER WA 98663 PO BOX 7 D OR 97223 1S135BD -01100 1S135BD -01400 LEWIS, KENNETH E BAGAN, JOHN P JR 9780 SW SHADY LANE 10910 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 • CITY OF TIGARD PRE - APPLICATION CONFERENCE NOTES :._`,°A RESIDENTIAL CITY OF TIGARD OREGON DATE: 5-1 a STAFF: k/. // D,4,/r APPLICANT: WIt■lbSoT. ?`t W RT11;5 AGENT: MARS. tNE /d4 1.7,x.4 Phone: ( ) CALD - I15 S Phone: ( ) 5 $OO 3 PROPERTY LOCATION ADDRESS: TAX MAPITAX LOT: /s/ 363D - //ac NECESSARY APPLICATION(S): SUEDIUISJO#I � 7f.4-NA/ DEve6oPmEA1T, Vi4RANte SetJ51'Ct v, G.4.vbS PROPOSAL DESCRIPTION: 6 lo't SoRDI VIS /Oti) F)- JSI(i) TviVD7.4 V►IbtlarE- • COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: og CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA: E4,1 PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: 3050 sq. ft. Average lot width: ft. Maximum building height: 3S ft. Setbacks: front )5 ft. side ft. rear /S. ft. garage •C' ft. corner — ft. from street. Maximum site coverage: Sib % Minimum landscaped or natural vegetation area: aO ADDITIONAL LOT DIMENSIONAL REQUIREMENTS - Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. L st The depth of all lots shall not exceed 2'/2 times the average width, unless the parcel is less than 1 '/2 times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre - Application Conference Notes Page 1 of 7 Residential Application/Planning Department Section SPECIAL SETBACKS • " • Streets: from the centerline of • . • Established areas: feet from • Lower intensit nes: feet, along the site's boundary. • Flag lot: oot side yard setback. • Zero I me lots: minimum 10 foot separation between buildings. • 1-family residential building separation: (Refer to Code Section 18.96.030) Accessory structures up to 528 square feet in size may be permitted on lots less than 2.5 acres in size - 5 foot minimum setback from side and rear lot lines. Accessory structure up to 1000 square feet on parcels of at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) BUILDING HEIGHT PROVISIONS imp:" .. . . , _ _. ! .. - - - .ulr�c -� ones. • Maximum height of 35 feet in R -7 and R•1 zo ee I • - . • e. i r r .: •' i r e. FLAG LOT BUILDING HEIGHT PROVIS Maximum height of 11/2 1es or 25 feet, whichever is less in most zones; 2% stories, or 35 feet in R -7, R -12, R -25 or R•40 zones provided that th andards of Code Section 18.98.030(B) are met. RESIDENTIAL DENSITY CALCULATION The Net Residential Units allowed on a particular 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 areas) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain. b. Slopes exceeding 25%. c. Drainageways. 2. Land dedicated for park purposes. 3. Public right-of-way dedication. 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) C BLOCKS When block lengths greater than 600 feet are permitted, pedestrianlbikeways shall be provided through the block. (Refer to Code Section 18.164.040) '-P6065TR �� GkSENtStsT Ta RESIDENTIAL DENSITY TRANSFER rnst-7/5A4CTrif‘J' The City of Tigard allows a Residential Density Transfer of up to 25% of the units that could otherwise have been developed on sensitive lands areas listed in (1.) above which may be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the responsibility of the applicant for a residential development application to provide a detailed calculation for both the permitted residential density and the requested density transfer. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 7 Residential ApplicationiPlanning Department Section . RESIDENTIAL DENSITY TRANSITION 'Regardless of the allowed hodensity in a zoning dis • , any property whl00 feet of a designated established area shall not be developed at a density greater than 125 perc of the maximum Comprehensive Plan designation (not zoning) of the adjacent parcel. Transition area applies to any propert ich is a designated established area. The subject property is designated as an area. The su • ct property is adjoined by established/developing/areas to the north, south, east and west. `FUTURE STREET PLAN AND EXTENSION OF STREETS) 1. A future street plan 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 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% of all lots 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. 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 renuired 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: CITY OF TIGARD Pre - Application Conference Notes Page 3 of 7 Residential ApplicationlPlanning Department Section 1. The north -south lot d' ion and front lot line orientation of each pr ed lot. .2. Protected solar buildiles and relevant building site restrictions, if cable. 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. Please contact the Building Division for further information regarding the Protected Solar Building Line and Performance Options relating to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. Sin famil • Requires 2 off - street parking spaces per dwelling unit. • Requires 1.5 parki paces per unit for 1 b om. Requires 2 ing spaces per unit f bedrooms. Multi- family dwelling u ' with more than 10 required spaces shall pro ' parking for the use of guests and shall consist of 15% of the total requ' parking. (Refer to Code Section 18.106.0 No more than 40 required spaces may be designated and/or dimensioned as compact spaces. Parking stalls shall be dimensioned as follow • • Standard parking space dimension • 8 ft. 8 inches X 18 ft. • Compact parking space dime ons: 8 ft. X 15 ft. • Handicapped parking: All parki reas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disc person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabil ' s Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking sp surface and an appropriate sign shall be posted. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 7 Residential ApplicationiPlanning Department Section Bicycle racks are required for '- family, commercial and industrial developmegii Bicycle racks shall be located in areas protected • from automobile traffic and in venient locations. Bicycle parking spaces 1111Pe provided on the basis of one space for every 15 required vehicular par • spaces. Minimum num of accesses: Minimum a ess width: Maximum cess width: Mi:nimu pavement width: REQUIRED WALKWAY LOCATION Within all attached housing (except two -f • y dwellings) and multi - family developments, each residential dwelling shall be connected by walkway to the vehicular parki rea, common open space and recreation facilities. CLEAR VISION AREA The City requires that clear vision areas b aintained between three and eight feet in height at roadldriveway, roadlrailroad, and roadlroad intersections. The size of required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.10 BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft. along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along TREET TREES treet 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) SIGNS Sign permits must be obtained pr Installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. A • onal sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a developme eview application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre - Application Conference Notes Page 5 of 7 Residential Application/Planning Department Section SENSITIVE LANDS The Coe provides regulations ands which are potentially unsuitable for devlent 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 lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. (Refer to Code Chapter 18.84) Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most cases, dedication of 100 -year floodplain areas to the City for park and open space areas is required as a condition of the approval of a development application. ARRATIVE) The applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant should review code for applicable criteria. NEIGHBORHOOD MEETING The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. RpC611 ADDITIONAL CONCERNS OR COMMENTS: I `I a1► •' S : t •• E 4.0 On) `PRIVAT ST,eer a 5giosaLVc CA.w1DS Fob SEW 6-E Co NS` 20 CT Ic, D6,..1 1.C.UU4 -W 1i • Ea. � aD ES'[' EM OJT' lb deg EEAJWALI PROCEDURE Administrative staff review. Public hearing before the Land Use Hearings Officer. I'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. CITY OF TIGARD Pre - Application Conference Notes Page 6 of 7 Residential ApplicationlPlanning Department Section APPLICATION SUBMITTAL PROCESS"' All applications must be accept accepffigy a Planning Division staff member of the Co nity 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 submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch 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 appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard t"_Oc�NGt/ . 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 N : 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. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) islare required if an application(s) islare to be submitted more than six months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: W 1X4,4/DIZ6,4 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639 -4171 CITY OF TIGARD Pre - Application Conference Notes Page 7 of 7 Residential Application/Planning Department Section • • PUBLIC FACILITIES CITY OF TIGARD The purpose of the pre-application conference is to: OREGON (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•wav 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. p/ r - /Zoe . s "7 � Approval of a development application for this site will require right -of -way dedication for: Oftt e s.6 (1.) to feet from centerline. 2,4L Uul (2.) to feet from centerline. (3.) to feet from centerline. Street improvements: '0 , L P`//141 3! / (1.) street improvements will be necessary along (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlights, and a two year streetlighting fee. CITY OF TIGARD Pre - Application Conference Notes Page 1 of 3 Residential ApplicationlEngineering Department Section , In some cases, where stre or other necessary public imivikments are not currently practical, the street improvements may be deferrea!Ih such cases, a condition of development apal 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 formed to improve: (1.) (2.) Pedestrianwayslbikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in /W ( . pA 2 7Z-- 141 6.' The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the sewer along the proposed development site's Water Sunk,: The ‘t”' Water District - Phone:(503) ' 3 9 # 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 -2502) 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. v -'pr 72/ yado A720VAI' Other Agency Permits: Storm sewer improvements: STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90 -43 Surface Water Management Regulations which requires the construction of on -site water quality facilities. At the discretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality facility andlor the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine if a fee may be paid or a facility shall be constructed. d/I - .W6 14,77 g"‹.. pion#- 01.4140-0: 6 44//1.4- F.O CITY OF TIGARD Pre - Application Conference Notes Page 2 of 3 Residential ApplicationlEngineenng Department Section • • • 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. PAY Ptorr" STREET OPENING PERMIT No work shall be preformed within a public right -of -way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. " )til- 14 "—Z PREPARED B ENGINEERING DIVISION PHONE: (503) 639.4171 h:lloginlpattylpreapp.nnt (eng.section preapp.eng) January 11, 1995 CITY OF TIGARD Pre - Application Conference Notes Page 3 of 3 Residential Application/Engineering Department Section • Staff 10i), CITY OF TICARO Data COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your • application. See your application for further explanation of these items or call Planning at 639 -4171. ITEMS TO BE BASIC MATERIALS INCLUDED: • A) Application for (1 copy) 8) Owner's signature/written authorization C C) Title transfer instrument 0) Assessor's map Der E) Plot or site plan F) Applicant's statement (H) Filing fee (S - _ ) SPECIFIC MATERIALS A) Site Information showino (No. of copies ay ): [� 1) Vicinity rap _ Cam" 2) Site size b dimensions C 3) Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) Cs.3 4) Drainage patterns, courses, and ponds ( 5) Locations of natural hazard areas including: a) Floodplain areas 0.-3- b) Slopes in excess of 25% C ] c) Unstable ground C ] d) Areas with high seasonal water table Ck-]- e) Areas with severe soil erosion potential C 3 f) Areas having severely weak foundation soils C 6) Location of resource areas as shown on the Comprehensive • Map inventory including: a) Wildlife habitats C 3 b) Wetlands [e . 7) Other site features: a) Rock outcroppings C ] b) Trees with 6` -I- caliper measured 4 feet from ground level [� 8) Location of existing structures and their uses C-T 9) Location and type of on and off -site noise sources (.] 10) Location of existing utilities and easements Cy'' 11) Location of existing. dedicated right-of-ways C ] • 8) Site Devel. • - • Plan - • . (18o_ of copies ): C ] 1) The propo - . :site and :surrounding properties L' ] 2) Contour - line teivals C ] 3) The location, d - :-ions and names of all: a) Existing --& p ►- tted streets & other public ways and easements • the site and on adjoining C ] properties APPLICATION CHEC <LIST — Page 1 - Proposed streets or other p c ways t easements on the site. C 3 c) Alternative routes of dead end or proposed streets that require future extension C 3 4) The 1• tion and dimension of: a) es and exits on the site ( ] b) Pa ing and circulation areas ( 3 c) • •'ng and services areas C 1 d) Pedes- an and bicycle circulation ( 3 e) Outdoo common areas, C 1 f) Above g - utilities ( ] 5) The location, - imensions t setback distances of all: a) Existing - rmanent structures, improvements, utilities - easements which are located on the site • on adjacent property within 25 feet of the ite C ] b) Proposed strut- res, improvements, utilities and -- sements on the site ( 3 6) Storm drainage facili 'es and analysis of downstream conditions C 3 7) Sanitary sewer facilitie [ 3 8) The location of areas to landscaped C 1 9) The location and type of • -oor lighting considering crime preventi- techniques ( ] 10) The location of mailboxes C 3 11) The location of all structures and their orientation C ] 12) Existing or proposed sewer rei•• = rsement agreements ( ] C) Grading Plan (No. of copies ;M4 ) [ ] 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 general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. [ 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report • C 1 b) The validity of•sanitary sewer and storm drainage service proposals [Jf' c) That all problems will be mitigated and how they will be mitigated C 0) Architectural Drawross (?4o. ,f copies Q!-A. ): C 3 The site development pan proposal shall:include: 1) Floor plans indicating the square footage - of all • structures proposed - fer use. on -site; and . [ ✓r 2) - - Typical elevation drawings . of -each • structure. E) Landscape Plan (loo. •of copies Ott ): C The landscape plan • shill be. drawn • at the. same ' scale of the • site analysis plan or a urger scale if necessary and indicate: 1) Description of the irrigation system where applicable (/r 2) Location and height of fences, buffers and screenings [T APPLICATICN CHECKLIST - Page 2 • • 3) ation of terraces, decks. sheis, play areas and common open spaces [✓f 4) Location, type. size and species of existing and proposed plant materials. The landscape plan shall include a narrative which addresses: I) Soil conditions. C ] 2) Erosion control measures that will be used. [vj' F). Sian Orawinns Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of Site Development Review or prior- to obtaining a Building Permit to construct the sign. C ] G) Traffic generation estimate C ] H) Preliaina • ition or lot li ad'ustment mac showi - (No. of Copies ): 1) The owner of the subject - el [ ]- 2) The owner's authorized -ent C }- 3) The map scale. (20,50,•00 or 200 feet=1), inch north arrow and data [ 4) Description of - location and boundaries C 1 5) Location, width • names of streets,. easements and other public ways within and adjacent to the parcel C .} 6) Location of all - - t buildings on and within 25 feet of all - • -•rty lines C 7) Location and w••th of all water courses C 1 8) Location of trees with or greater caliper at 4 feet abov= ground level [Cj 9) All slopes - -ater than 25% C I 10) Location o- existing utilities and utility easements [ 3 11) For major land partition which creates a public street: a) The proposed right -of -moray location and width C. } b) A -caled cross- section of the proposed street -lus any reserve strip C 1 12) Any •-- licable deed restrictions C T 13) Evi -ence that land partition will not preclude e; iciest future land division where applicable C '1 I) Subdivision Preliminary Plat man and data showing(No. of Copies '4. ): 1) Scale equaling 3(.,)50,200 or 200 feet to the inch and limited to - one\ chase per sheet . C''f 2) The proposed name . of 'the subdivision •C 'f 3) Vicinity map showing property's relationship to arterial and streets Li/f 4) Aamez,' addresses a nd.telephone .numbers of the owner developer-, engineer,- surveyer, • designer, as applicable[r1 5) Date of application' 6) Boundary lines of - tract to A be subdivided 7) Mmes of adjacent: subdivision.or.naaes of recorded e,5' owners of adjoining parcels f =subdivided osubdivided land 8) Contour lines related to.a City -established bench- mark at 2 -foot, intervals for - 4-102 grades greater than 10% APPLICATION CHEC <LIST - Page 3 9) 411purpose„ location, type and 410 of all of the following (within and adjacent to the proposed subdivision): . C I a) Public and rivete right -of -.gays and easements (s../' b) Public and private sanitary and storm sewer lines C- c) Domestic water wins including fire hydrants CP-r d) Major power telephone transmission lines (50,000 volts or greater) C] a) Watercourses f) Deed reservations for parks. open space, pathways and other land 'encumbrances Cyr 10) Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated 11) Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. CSI' 12) Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyor-4 the limits of the proposed subdivision. C� 13) Scaled cross sections of proposed street right- of-wy, 14) The location of all areas subject to inundation or storm water overflow C I 15) Location, width and direction of flow of all water.- courses and drainage ways C 1 16) The proposed lot configurations, approximate lot dimensions and lot numbers. Where lo3tcs are to be used for purposes other than residential, it shall be indicated upon such lots C 17) The location-of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any Cvc 18) The existing uses the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting Ce 19) Supplemental information including: a) Proposed deed restrictions (if any) C b) Proof of property ownership C 1 c) A proposed plan for provision of subdivision improvements C 1 20) Existing natural features including rock out- croppings, wetlands and marsh areas. Ci/f 21) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application_ C 1 3) Other Information C4 ------- APPLICATION CC(EC(LIST - Page 4 s 95- 0003 /P11 95-0004/VAR WINDSOR PROPERTIES (Page 1 of 3) 95 -0007 /SLR 95- 0008/71 95-0004, i 1S135CA -90113 1S135CA -90115 WESTCOTT, DAVID R WHITE, VERNON C /VALLEDA N 5828 SW CHELTENHAM DR 1040 NEPTUNE CT SE PORTLAND OR 97201 SALEM OR 97301 1S135CA -90126 1S135CA -90128 WAIBLE, RICHARD L IHLI, PERRY • 2133 N SKIDMORE CT 277 S BROOKHURST ST PORTLAND OR 97217 APT #C -208 ANAHEIM CA 92804 1S135CA -90125 1S135CA -90127 MITCHELL, RONALD P MARSH, ALGER HERBERT AND 14970 SW 109 AVENUE GLORIA TIGARD OR 97224 2590 WARWICK ST WEST LINN OR 97068 1S135CA -90137 1S135CA -90138 CAMPBELL, TAMMY R BECKER, RICHARD W & 11048 SW GREENBERG RD #137 PETERS, BEVEN D TIGARD OR 97223 7954 SW 48TH AVE PORTLAND OR 97219 1S135CA -90139 1S135CA -90140 REMLEY, FAYE A BYRNS, GEORGE F MERGET, TONYA 11048 SW GREENBURG RD #140 11048 SW GREENBURG RD #139 TIGARD OR 97223 TIGARD OR 97223 1S135CA -90217 1S135CA -90219 WESTCOTT, DAVID COFFELT, LOIS M 5828 SW DR. 16820 SW INVERURIE D OR 97201 LAKE OSWEGO OR 9703 1S135CA -90229 1S135CA -90230 GOVSTEIN, GENNADY & KIRA BALDWIN, RICK J AND 14735 SW DAPHNE CT PATTI ANNE BEAVERTON OR 97007 13145 SW TAPADERA ST BEAVERTON OR 97008 1S135CA -90231 1S135CA -90231 OREGON DEPT OF VETERANS AFFAIRS OREGON DEPT OF VET `- R c/o KAPUSTKA, STAN F AND ARLENE E c/o KAPUST ,.. - S AND ARLEN 12618 NW BARNES RD APT 6 12618 ES RD APT 6 PORTLAND OR 97229 - LAND OR 97229 1S135CA -90232 1S135CA -90241 OREGON, STATE OF DEPT OF VETS AF GRANGE, GARY B & KAREN K c/o CHAPMAN, JOHN H & ELAINE L F -43 11579 SE FALBROOK DR 10112 SW TRAPPER TERR CLACKAMAS OR 97015 BEAVERTON OR 97005 1S135CA -90242 1S135CA -90243 COOPER, SCOTT GEORGE FUKUSHIMA, FLORENCE K 11048 SW GREENBURG RD #242 11048 SW GREENBURG RD #243 TIGARD OR 97223 TIGARD OR 97223 SUB 95- 0003 /PDR 95- 0004 /VAR 95 -0007 /SLR 95- 0008 /ZON 95 -0004 WINDSOR PROPERTIES (Page 2 of3 1S135CA -90244 • 1S135CA -90321 PARKER, DAVID HORACE WAHL, KIMBERLY ANN 11048 SW GREENBURG RD #244 14175 SW LISA LN TIGARD OR 97223 BEAVERTON OR 97005 1S135CA -90323 1S135CA -90333 . ZEIDER, JANET FORMERLY KYLE OREGON, STATE OF DEPT OF VETS 15300 SW 133RD c/o PENDLETON, CHARLES D ET AL TIGARD OR 97223 2025 SW 217TH AVE • ALOHA OR 97006 1S135CA -90334 1S135CA -90335 KOFFEL, STEVEN ALLEN AND BICKFORD, HELEN SUE ALISHA KAY 11046 SW GREENBURG RD #335 2253 NE 164TH AVE TIGARD OR 97223 PORTLAND OR 97230 1S135CA -90336 1S135CA -90345 STATE OF OREGON C -06693 AHL, SANDRA IRENE DEPT OF VETERANS' AFFAIRS 9745 SW 130TH AVE c/o HAFLIGER, HAROLD E II BEAVERTON OR 97005 8906 NORTH WESTANNA PORTLAND OR 97203 1S135CA -90346 1S135CA -90347 ATLAS, MARK OREGON, STATE OF DEPT OF VETS 11048 SW GREENBURG RD #346 c/o SCHAFER, MICHAEL & KELLY TIGARD OR 97224 11048 SW GREENBERG RD #347 TIGARD OR 97223 1S135CA -90348 1S135CA -00307 ROWLANDS, CLEMENT B II TAMARYN ASSOCIATES 11048 SW GREENBURG #348 520 BROADWAY STE 260 TIGARD OR 97223 SANTA MONICA CA 904 1S135CA -00400 1S135CA -00500 JUNGKIND, SOPHIE WINDSOR PROPERTIES LTD 8105 SW 68TH PL PO BOX 647 PORTLAND OR 97223 HILLSBORO OR 97124 1S135CA -00600 1S135CA -01202 SANITILLI, ARMAND J ET AL LOS ARCOS ASSOCIATES c/o LANGFUS, AARON ET AL PO BOX 389 PO BOX 02092 PALO ALTO CA 94302 PORTLAND OR 97202 1S135CA -01701 1S135CA -01700 HOLDEN, DONNA M LUCAS, DANIEL B JR & DOROTHY L 5458 SW MURRAY 2011 ALONA BEAVERTON OR 97005 SANTA ANA CA 97206 1S135CA -01702 1S135CA -01703 HOLDEN, DONNA M HOLDEN, DONNA 5458 SW - 5458 SW MURRAY ON OR 97005 BEAVERTON OR 97005 SUB 95- 0003 /PDR 95- 0004 /VAR 95 -0007 /SLR 95- 0008 /ZON 95 -0004 WINDSOR PROPERTIES (Page 3/3) 4IP 1S135CA -01704 1 S135CA -01800 HOLDEN, DONNA M JAUCH, ROGER P 5458 SW JAUCH, BRENT H TON OR 97005 10648 SW 41ST AVENUE PORTLAND OR 97219 1S135CA -04300 1S135CA -04400 LEE, PAUL AND LAURA E LEE, PAUL AND LAURA E 2206 NE 45TH AVENUE 2206 NE 45 UE PORTLAND OR 97213 D OR 97213 1S135BD -00700 1S135BD -01000 HARING, JACK TIGARD, CITY OF 2414 BROADWAY #8 13125 SW HALL VANCOUVER WA 98663 PO BOX 7 D OR 97223 1S135BD -01100 1S135BD -01400 LEWIS, KENNETH E BAGAN, JOHN P JR 9780 SW SHADY LANE 10910 SW GREENBURG RD PORTLAND OR 97223 TIGARD OR 97223 9 • - . !I 1111111 ill II )1Limir, 4. 41 BLVD rip SHADY LN I illtillipt p 1,960206 1 ,0, t _ - I.-- 0 . .. 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A k, s sim==(- ....1 1 "•••,,. -- - . .. -, :• \ I-1 !Alf..4 - Ik E2 m cn .< Po w L : 1 SMIltit. klia - 1, mg z pzi m to 1 E IIIIIII.: • 1 __ -, to to ko to ko i — 7 1 hi , , 1 :t t..-.;:; . \ • .. 1 1 1 1 1 • 0 0 0 0 0 i 1 ' 1 . ,.. . , , . • 00000 \ \, i , •• , 0 0 0 0 0 , . @ CITY OF TIGARD_ PLANNING DEPT. A .:InIA H I 1.1 •EQUEST FOR COMMENTS • DATE: CITY OF TIGARD TO: Per Attached OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004NARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3J Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54,18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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: - June . 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: SUB 95 -0003 /PDR 95 -0004NAR 95 -0007 /SLR 95 -0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES ` h Ut ) � � r k L. 4 tvd�5 ,-r,r � �� . 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(circle o - /C17 Area: (N) (S) 4 (C) " Placed for review in Library CR Book " — CPO NO. ..... ...... . . ..\. ..............:...... .... .. . . . . . ... . ..... . ..... . ... _:.v:.v: •. _ : .v .v . :: • -. : :; may.: ^ P . e ... \ . ,....::.:: p • : : : : : • : :^ \ •. }iiiii : :jv : : .... vn ,•w::;: } i' : : : j •. y .., v.' , vn { {e:...�n} i.. \ ... . . . . .v . .. .. ... ,. . n..... . ..::: :.. ...... ..v. �.v :: i -: :•ii : :��u: ' :......... ., ..... . . .......,,, ....,A.• ., .. -vv... .... n....., ..... ......... .. ... ............. v., .. ., ......:...... .v ........,........ ..........: ... . v •}:: isi:;' Ti:•? ii:• i" :i \{ :;•ii :• :;; :' :i i• : .. ... . .... .. ... "Building Ofrcial /Dave Scott oelCUce /Kelly Jennings ✓Field Operations /John Acker — City Recorder /Cathy Wheatley eingineering /Michael Anderson Permits Faclgtator /Jerree Gaynor Advanced Planning/Carol Landsman ZCvater Department /Michael Miller — .:. ViECFAL DISTRICTSg <? z �'< > :` : > >' :s'<'�`<� > :•<.< > :> � :i'. :�'` �<r' <»<<` < ?<:> :<' :''» /Fire Marshall _ ✓Unified Sewerage Agency _ Tualatin Valley Water District Wa. County Rre District SWM Program /Lee Walker PO Box 745 (pick -up box) 155 N. First Street Beaverton. OR 97075 Hillsboro. OR 97124 ,:,<;- > 0::: > RISC2Ctl0l!iS» > > :> > < »: :: :: > > <> »< »: >< < >> :'> `.<s < >` ' > z< » ? > : > `: >< >: » € > :: :`> »s: [ Wa. Co. Dept. of Land Use & Transportation Boundary Commission — METRO - GREENSPACES PROGRAM 150 N. First Avenue 800 NE Oregon St. #16. Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro. OR 97124 Portland, OR 97232 - 2109 600 NE Grand Avenue Portland. OR 97232 -2736 — Brent Curtis (CPA's) — State Highway Division _ Jim Tice (IGA'S) Sam Hunaidl — COOT/Region 1 — Mike Borreson (Engineer) PO Box 25412 Laurie Nicholson /Transportation Planning _ Scott King (CPA's) Portland. OR 97225-0412 123 N.W. Randers — Tom Harry (Current Planning App's) Portland. OR 97209 -4037 Lynn Bailey (Current Planning App's) — Oregon DLCD (CPA's /ZOA's) 1175 Court Street. N.E. _ Other — City of Beaverton Salem, OR 97310-0590 Jim Hendryx - Principal Planner — Ctty of Portland PO Box 4755 — City of Durham Planning Director Beaverton. OR 97076 City Manager 1120 SW 5th PO Box 23483 Portland. OR 97204 — Ctty of IGng City Tigard, OR 97281 -3483 City Manager — City of Lake Oswego 15300 SW 116th _ City of Tualatin City Manager King City. OR 97224 PO Box 369 PO Box 369 Tualatin, OR 97062 Lake Oswego. OR 97034 :::::..;;:;;iggi...,::;:: • : : :.; : : : : : :;;•; : : :- > : :;.i : : : :: •: -:::. _::::. : :• :. :. : :.; -. ::::•.;-::..::::::::.; :;;. : : :.... : :.; :i :'SPECfAE :iYGE ,/General Telephone /Portland General Electric — Columbia Cable Engineering Office Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rood 14203 SW Brigadoon Court Tigard. CR 97281 -3416 Beaverton, CR 97007 Beaverton. CR 97005 _ NW Natural Gas — Metro Area Communications /Jason Hewitt — Id -Met Transit Development Scott Palmer Twin Ocks Technology Center Kim Knox. Project Planner 220 NW Second Avenue 1815 NW 169th Place S -6020 710 NE Holladay Street Portland. CR 97209 -3991 Beaverton, CR 97006 -4886 Portland. OR 97232 — TCI Ccblevision of Oregon — US West Communications — Southern Pacific Transportation Co. Undo Peterson Pete Nelson Duane M. Forney. PIS - Project Engineer 3500 SW Bond Street 421 SW Cak Street 803 NW 6th Avenue Room 324. Union Station Portland. CR 97201 Portland. OR 97204 Portland. OR 97209 . .�� . .. . . . . . . . GE . � �IES :: >:<:: >:: > : :i :` :< : : 8 :i f..:::«:>:::><:<%:`:;:::> s:':::>::::>'-<>:< ::>:::::;:::>:>:'.::::`:: >:: > : »«'.: >:? : :::::s:< :: >: : :: : : : : ::::> :: ::::..: . ..................... . : : :. : : : . : :::::.;:.;::.>:.;:. . :.; :.; ...; . : SLATE... . . . . . . . Aeronautics tics Division (C00T) ■ivision of State Lands — US Postal Service Commerce Dept. - M.H. Park — Psh & Wildlife Randy Hammock. Growth Coordinator —_ PUC — OCGA Cedar Mill Station Dept. of Environ. Quality Portland. OR 97229 -9998 :` : : :;; ; :: > : : ? : <` :: > : > :: : > : : : : : :> < : ? ::> 's ?`< s : > : : :< ?; :: :- <:'> »': : > : :: V Corps. of Engineers — Other Y AGENDA ITEM 5.1 BEFORE THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON Regarding an application by Windsor Properties Ltd. STAFF REPORT to subdivide an approximately .83 acre site into SUB 95 -0003 6 developable lots, to be developed with single ZON 95 -0004 family attached residential units. PDR 95 -0004 VAR 95 -0007 SLR 95 -0008 I. SUMMARY OF THE REQUEST • CASE: Subdivision SUB 95 -0003, Zone Change ZONE 95 -0004, Planned Development Review 95 -0004, Variance VAR 95 -0007, Sensitive Lands Review SLR 95 -0008. SUMMARY: The applicant requests for the following developement applications: 1) Subdivision approval to divide approximately .83 acres into 6 lots ranging in size from 2,160 square feet to 20,011 square feet; 2) Zone Change approval to apply the Planned Development designation to the property in addition to the current Residential R -12 zoning designation of the subject property; 3) Planned Development Review approval to allow the construction of a private street and creation of lots less than the minimum lot size allowed under the base zone; 4) Variance approval to allow a private street to serve 24 units, whereas the code limits a private street to serve a maximum of 20 lots and a variance to allow a cul-de -sac of 475 feet, whereas the code states the maximum cul -de -sac length shall be 400 feet; and 5) Sensitive Lands Review for construction of a sewer line within the 100 -year floodplain. APPLICANT: Windsor Properties Ltd. OWNER: Same P.O. Box 647 Hillsboro, OR 97124 SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 1 • • COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (6 -12 units per acre) ZONING DESIGNATION: R -12 (Residential, 12 units per acre) LOCATION: (WCTM 1S1 35CA, tax lot 500) and (WCTM 1S1 35BD, tax lot 1100). North of SW North Dakota Street, East of SW Greenburg Road and west of SW 95th Avenue. APPLICABLE LAW: Community Development Code Chapters 18.32, 18.54, 18.80, 18.84, 18.88, 18.92, 18.100, 18.102, 18.108, 18.134, 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.4, 4.2.1, 7.1.2, 7.4.4, 7.5.2, 7.6.1, 7.7.1, 8.1.1 and 8.1.3. STAFF RECOMMENDATION: The Planning Director recommends that the Planning Commission approve the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section III. II. PARCEL INFORMATION Site location, size and shape: The site is located approximately 500 feet east of SW Greenburg Road, north of SW North Dakota Street, south of SW Shady Lane and west of SW 95th Avenue. The site contains .83 acres and is a 190 foot wide quadrangle whose easterly line is some 230 feet deep and is 180 feet deep along the west property line. The site slopes gently to the north, falling at about 3 percent across the southern portion of the property, descending sharply as the old railroad embankment falls away to the floodplain area. Backround: in 1994, a Subdivision approval was granted (SUB 94 -0004 / PDR 94 -0005 / ZON 94 -0009) for a 22 lot subdivision. Following the subdivision approval, a lot line adjustment (MIS 95 -0005) was approved between tax lots 500 and 1100. Neither the subdivision nor the lot line adjustment has been recorded. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 2 • • Existing Conditions and Proposal Description: The majority of the site is vacant and covered with grasses, shrubs and trees. The Engineering Department has approved construction plan for (SUB 94 -004) and construction is expected to begin later this summer. The approved construction plans were modified to incorporate the private street and water quality facility as proposed in this current application. The applicant is proposing to subdivide the parcel into 6 developable lots with an additional tract "B" to be dedicated to the City. The lots will average 2,160 square feet whereas the base zone requires a minimum lot size of 3,050 square feet. These smaller lots will be built with single - family attached housing. The applicant is proposing to dedicate a 20,011 square foot tract "B" to the City for public open space. An existing City of Tigard open space tract is located to the north of this property. The applicant is also applying for a sensitive lands permit to connect to a Unified Sewerage Agency Trunk line adjacent to Ash Creek. This permit was a condition of the 1994 subdivision. Surrounding land uses: Surrounding properties are zoned R -12 (Residential, 12 units per acre). Adjoining properties to the east and west are developed with multi - family apartment complexes. The surrounding area is developed with residential dwellings. Ash Creek is located north of the property and contains floodplain and wetland area. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: Development Standards: Section 18.54 contains development standards for the R -12 zone. Development in the R -12 zoning district must comply with the following development standards: SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 3 • • Minimum lot size 3,050 square feet* Average lot width none Front setback 15 feet Garage setback 20 feet Interior sideyard setback 5 feet Corner sideyard setback 10 feet Rear setback 15 feet Maximum building height 35 feet * With the exception of minimum lot size for use in calculating project density, the lot size standard does not apply to the development due to the applicants' use of a Planned Development. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92 and that front and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.120. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: 1. Development of the land in accordance with the provisions of the "Established Area" would: a. Result in an inefficient use of land; b. Result in removing significant natural features; or c. Result in a change of the character of the area surrounding a significant historic feature of building; 2. The planned development approach is the most feasible method of developing the area; and SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 4 • • 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 (Density Computations) can be met. Density: Section 18.92.020 contains criteria for determining residential density. The number of dwelling units permitted in a Planned Development is based on the net development area excluding sensitive land areas, land dedicated for public right -of -way, and land proposed for private streets. The remaining area is divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street plant street trees. Clear Vision: Section 18.102 contains standards for clear vision areas to aid in pedestrian and motorist safety. The Code specifies vision clearance triangles adjacent to intersections in which the height of plantings, signs, and other structures are limited to three feet in height to assure safe and adequate site distance at intersections to reduce potential hazards from vehicular turning movements. Trees within this area are allowed but all limbs must trimmed below eight feet. Access, Egress, Circulation: Section 18.108 contains standards for the width of access driveways to single family residences. In order to comply with the standard each lot must be provided with a ten foot wide residential driveway. Solar Access: Section 18.88 contains solar access standards for new residential development. A subdivision complies with the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80% or more of the newly created lots meet this standard. The Code provides exceptions for development constraints due to existing development and street alignments. Section 18.88.040(E) allows the approval authority to exempt new lots from the solar access standard in certain cases including situations where existing right -of -way prevents lots from being oriented for solar access. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 5 • • Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To comply, a preliminary plat must meet the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. The streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 6 • • adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Streets and Utilities: Section 18.164 contains the following standards for streets and utilities serving a subdivision: 1. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. 2. Section 18.164.030(E) requires a residential access street to have a minimum 24 -foot paved roadway width. 3. Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. 4. Section 18.164.030(K) requires that a cul -de -sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. S. Section 18.164.040(B)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or; b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 7 • • c. For non - residential blocks in which internal public circulation provides equivalent access. 6. Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the block. 7. Section 18.164.060 prohibits lot depth from being more than 21/2 times the lot width and requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 8. Section 18.164.070 requires that sidewalks be constructed adjoining all residential streets. 9. Section 18.164.090 requires sanitary sewer service. 10. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Variance: Community Development Code section 18.134.050 provides standard for granting a variance: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 8 • • 4. Exisiting physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title; and 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. Sensitive Lands- Floodolain: Chapter 18.84.040(A) states that the appropriate approval authority shall approve or approve with conditions an application request within the 100 -year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rise floodway shall not result in any narrowing of the floodway boundary. 2. Land form alterations or developments within the 100 -year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. 3. Where a land form alteration or development is permitted to occur within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood. 4. The land form alteration or development plan includes a pedestrian /bicycle pathway in accordance with the adopted pedestrian /bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. 5. The plans for the pedestrian /bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 9 • • 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where land form alterations and /or development are allowed within and adjacent to the 100 -year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. Sensitive Lands - Wetlands: Chapter 18.84.040(D) states that the appropriate approval authority shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. 3. Any encroachment or change in on -site or off -site drainage which would adversely impact wetland characteristics have been mitigated. 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. 5. All other sensitive lands requirements of this chapter have been met. 6. The provisions of Chapter 118.150, Tree Removal, shall be met. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 10 • • 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. B. Applicable Comprehensive Plan Policies: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Sensitive Lands - Floodplain: Policy 3.2.1 provides that the City will prohibit any development within the 100 -year floodplain that would result in any rise in elevation of the 100 -year floodplain. Sensitive Lands - Wetlands: Policy 3.2.4 prohibits development within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within 25 feet of the designated wetlands area. Water Quality: Policy 4.2.1 provides that all development within the Tigard Urban Planning Area shall comply with applicable federal, state, and regional water quality standards. Public Utilities: Policies 7.1.2, 7.2.1, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Police Protection: Policy 7.5.2 states that the Tigard Police Department shall review development applications to ensure adequate Police protection is available to serve each new development. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate Fire Protection is available to serve each new development. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 11 • • Coordination with Serving Utility Providers and Public Agencies: Policy 7.7.1 states that the City shall ensure that each private and public utility and public agency is provided with plans, programs, and schedules outlining any anticipated construction or reconstruction of public streets. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. STAFF & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed this application and has offered the following comments: A. Streets: The project proposes to extend the private street connecting to SW North Dakota Street that is a part of the Dakota Village subdivision under construction. This SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 12 • • road extension would provide access to the proposed lots. The new street would extend approximately 100 feet beyond the "t" type turnaround that is proposed for Dakota Village, and will maintain the access to the City Maintenance Department driveway that connects to the water quality facility at the end of the private street. With regards to private street standards, under Section 18.164.030.S, the use of private streets is allowed within Planned Developments and the standards are established by the City Engineer. The street width for this private street was established at 24 feet with the approval of the Dakota Village subdivision as noted in 1994, consistent with the new City street standard for public cul-de -sacs. The applicant has requested approval of a variance to allow an increase to the number of lots using the private street cul-de -sac from twenty as required by Section 18.164.030,K, to 26. The applicant's request indicates that this is an infill project and there is no other viable use of the northerly portion of this property that is surrounded by the City's open space greenway along the Ash Creek on the north and existing multi - family developments on the east and west. Section 18.164.030.S relating to private streets also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the streets in perpetuity. The applicant should be required to attach this subdivision to the homeowners association established for Dakota Village. B. Sanitary Sewer: The applicant proposes to connect a the new sewer main under construction with Dakota Village that will cross the contiguous property to the north and connect to the existing 30 inch trunk public sanitary sewer main that is located adjacent to Ash Creek. The 30" main is owned and operated by the Unified Sewerage Agency and will require a permit from the Agency. The construction across the creek area requires the Sensitive Lands Review that is a part of the application. The existing line has the capacity to serve this development. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 13 C. Storm Drainage: The applicant proposes to collect the storm water in the new underground system under construction at the end of the private street. This storm drain will deposit the run -off into a water quality dry pond that is to located within the proposed open space lot under construction with the Dakota Village subdivision, along the northerly property line. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The water quality facility under construction will satisfy the USA requirements. The proposed facility will be dedicated to the City. The applicant should be required to maintain the facility for a period of three years prior to the acceptance for maintenance by the City. 2. The Unified Sewerage Agency states that sensitive area defined by R &O 91-47 / 91 -75 must be protected by a 25 foot undisturbed corridor. Corridor and sensitive area to be in a separate tract, not a part of any buildable lot. 3. General Telephone has reviewed this application and has stated that the developer is required to provide trenches according to GTE specifications. 4. Tualatin Valley Fire and Rescue states that parking of vehicles will not be allowed in the turnaround located next to lot 21. No parking signs shall be installed to indicate no parking areas. 5. The City of Tigard Maintenance Services Department, City of Tigard Building Division, City of Tigard Police Department, Tualatin Valley Water District, Portland General Electric have no objections to this proposal. 6. The Planning Division has received no other objections or comments concerning this application. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 14 • V. EVALUATION OF THE REQUEST A. Compliance with Community Development Code: Development Standards: Setbacks on the proposed lots shall be reviewed for compliance at the time of plan check review for Building Permits. The proposed lot sizes are less than the minimum allowed as per the Planned Development approval. Planned Development: This application satisfies the criteria for allowing a planned development in an "Established Area ". This criteria was also satisfied for Dakota Village (SUB 94 -004). Development as a Planned Development would allow a more efficient use of land as it allows the clustering of units on smaller lots while preserving areas for open space. A Planned Development allows the provision of a private street and enables the developer to avoid a street connection across the wetland and floodplain area. A planned development is also the most feasible method of maintaining the medium -high density characteristics of the surrounding area while preserving open space. Density standards will be satisfied with this proposal. Density: The applicant is proposing to develop a .83 acre site. However, the proposed parcel incorporates the northern portion, lot #11 and tract B, of the Dakota Village subdivision (SUB 94- 0004). Since the applicant is modifying the 1994 approval it is necessary to calculate the density based on the total square footage being developed in the two phases. The total land area encompassed by the subdivision is approximately 2.4 acres or 104,544 square feet. The total density allowed on 2.4 acres is 27 lots. The applicant is proposing 27 lots, thereby satisfying the density standard. Landscaping: The applicant shall plant Street Trees in accordance with the standards set forth in Section 18.100.035. The Code requires the planting of Street Trees at certain intervals based on the size of the tree species at maturity. A street tree plan shall be submitted for review and approval. Clear Vision: The Building Division will review each Building Permit for compliance with setback standards set forth for structures within the clear vision area. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 15 • • Solar Access: The existing orientation of SW North Dakota Street, the orientation of the private street and the configuration of the subject site prevents the proposed lots from being orientated for solar access. Therefore, the proposed lots are exempt from the solar access standards. Tree Removal: A tree removal permit shall be obtained prior to obtaining any site permits and no tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. Subdivision Design: Section 18.160.060(A) provides standards for review of subdivision proposals. 1. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site as well as with applicable Comprehensive Plan policies, the regulations of the R -12 zone, and other applicable ordinances and regulations; 2. The proposed name of the subdivision, Dakota Village No.2, is not duplicative of any other plat recorded in Washington County; 3. The site does not abut properties with approved plats which would require conformity or connectivity with the plats of adjoining areas. The street design and width approved by the City Engineer would provide for both adequate and safe access to the lots in this subdivision. 4. The applicant has provided an explanantion for all common improvements including the provision for public services such as sewer, water, drainage and street improvments. Street and Utility Improvements: Chapter 18.164 provides standards for street and utility improvements. The design of this subdivision is consistent or shall be consistent with these requirements due to the following: SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 16 • • . 1. The approved private street connects with a dedicated and improved local public street. 2. The applicant has proposed a private street with a 31 foot right -of- way width with 24 feet of pavement and a 5 foot sidewalk. The applicant has also been conditioned to provide for a bonded maintenance agreement or provide a homeowners association for street maintenance. 3. Each lot exceeds the minimum street frontage standard of 25 feet. The lot depth requirements do not apply to lots created through the planned development process. 4. The applicant has been conditioned to bond for and construct all necessary sidewalks serving this subdivision. 5. The applicant has requested and received a recommendation for a variance to the maximum cul-de -sac length and number of units served by a private street. 6. The applicant has designed a water quality facility and will construct the storm drainage system to City of Tigard Public Works standards. 7. Sanitary sewer service shall be provided. 8. The block length created by this application will be in excess of 1,800 lineal feet. However, this site is constrained from providing the required block length due to the location of the 100 -year floodplain. Where blocks are greater than 600 are permitted pedestrian connections shall be provided. Since the block length is greater than 600 lineal feet, the applicant shall be required to provide a pedestrian easement within the private street to provide access to the adjoining greenway. The Tigard Park's Plan states that greenways occur within the City as linear recreation corridors and include both developed greenways with paved pathways, and undeveloped natural areas in which pathways will be constructed SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 17 • • in the future. An easement within the private drive will enable a future connection with the pathway system and reduce the block size made up by SW Greenburg Road, SW Shady Lane, SW 95th Avenue and SW North Dakota Street. Variance : Length of Cul-de -sac and Number of Units. Chapter 18.134 provides standards for variances. This proposal is consistent with these requirements due to the following: Criteria 1: The variance will not be materially detrimental to City standards nor to other properties in the same zoning district. The proposed_ width of the private street has been approved by the City Engineer and will be adequate for serving the number of units requested. Emergency vehicles will have the required area for manuevering and turning around. The applicant is requesting only an approximately 20 percent increase in the length and number of units served by a cul-de -sac. Criteria 2: The special circumstances which exist are the surrounding developments which preclude street connections, the shape / depth of the site and location adjacent of the 100 -year floodplain. The shape of the site requires a street oriented in a north -south direction, while surrounding development precludes any type of connection with an adjoining street. The floodplain prohibits a street connection from SW Shady Lane to the north. Therefore, the only reasonable access is from an extension of the private street approved with the Dakota Village subdivision. Criteria 3: The requested variance will in no way affect the permitted use status of the proposed development. All other City standards will be maintained. Criteria 4: Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested. Drainage will be connected to an approved system thereby minimizing adverse effects on the natural system. Traffic will be no heavier than that allowed by the density of the zone. In fact, existing natural systems would be adversely affected if this variance were not approved as the applicant would be forced to apply for a fill permit with the Army Corps of Engineers SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLAN NING COMMISSION WINDSOR PROPERTIES PAGE 18 • • and Division of State Lands for construction of a road across the floodplain and wetland area in order to provide access to this site. Criteria 5: The hardship related to this variance is brought about through the location of the 100 -year floodplain and adjoining development which preclude connection to another public street. The requested variance is the minimum variance which would alleviate the hardship. The applicant is proposing an approximately 20 percent increase in the length of the cul -de- sac and the maximum number of units served by it. Sensitive Lands Review - Wetlands: Chapter 18.84 provides standards for land for alterations within wetlands. This proposal is consistent with these requirements due to the following: Criteria 1: The proposed sewer line will be within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. Criteria 2: The extent and nature of the proposed land form alteration or development will not create site disturbances greater than the minimum required for the use. The extent of the alteration will be to dig a trench for the sewer. Impacts to the vegetation will be mitigated. Criteria 3: This project does not change on -site or off -site drainage. Criteria 4: The minimal amount of vegetation loss expected with construction will be replanted. Erosion control measures shall be as conditioned by the approved Division of State Lands permit. Criteria 5: Other applicable sensitive lands requirements have been met as addressed in this report. Criteria 6: No trees larger than six inches in diameter will be removed for this project, therefore this provision does not apply. Criteria 7: Applicable Comprehensive Plan Policies are satisfied as discussed, in section B Comprehensive Plan Policies, below. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 19 • • Sensitive Lands Review - Floodplain: Chapter 18.84 provides standards for land for alterations within floodplains. This proposal is consistent with these requirements due to the following: Criteria 1: This project shall preserve the floodplain storage function and maintenance of the zero -foot rise floodway as this project will be placing a sewer line underground and will therefore not impede water flow or increase volume within the floodplain. Criteria 2: The subject project is in area designated as Residential on the Comprehensive Plan Land Use map but is considered a utility and is therefore allowed. Criteria 3: This land form alteration will not result in any increase in the surface elevation of the 100 -year flood as this project will for constructing an underground sewer and will therefore not impede water flow or increase volume within the floodplain. Criteria 4: The sewer connection requires that the applicant cross the floodplain area. The location of the floodplain is within property owned by the City of Tigard. This project does not include a pedestrian pathway as this criteria is not applicable since the applicant does not own the property containing the floodplain area. Criteria 5: This criteria is not applicable as the applicant does not own the property containing floodplain area and a path is not required with this application. Criteria 6: The applicant has obtained the necessary permits from the Division of State Lands and Army Corps of Engineers. Criteria 7: This criteria is not applicable as the property contianing the floodplain area is already dedicated to the City of Tigard. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 20 • • B. Compliance With Comprehensive Plan Policies Citizen Input: The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to owners of property in the vicinity of the site. 2. Sensitive Lands: Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100 -year flooplain. 3. Sensitive Lands: Policy 3.2.2 is satisfied because this development will preserve the function and maintenance of the zero -foot rise floodway. 4. Sensitive Lands: Policy 3.2.4 is satisfied as this wetland is not designated as significant wetland on the Comprehensive Floodplain and wetlands map. 5. Water Quality: To comply with Policy 4.2.1, the developer shall construct an on -site water quality facility. 6. Police Protection: The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. 7. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 8. Coordination with Serving Utility Providers and Public Agencies: The subdivision complies with Policies 7.1.2, 7.2.1, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Neither the developer or the service providers have objected to the provision of utility services to this site. 9. Street Improvements: The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed extension of improvements to and within the development should contribute to a safe and efficient street system in this area. The internal streets serving the subdivision shall meet City standards in terms of design requirements for local streets. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 21 • • VI. FINDING AND RECOMMENDATIONS Staff recommends that the Planning Commission approve Subdivision 95- 0003 /Planned Development Review 95 -0004 / Variance 95 -0007 and Sensitive Lands Review 95 -0008 for Dakota Village II subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED THE STAFF CONTACT FOR THE FOLLOWING CONDITIONS IS MICHAEL ANDERSON WITH THE ENGINEERING DEPARTMENT. 1. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. The private street shown as Tract "C" shall be constructed with a minimum pavement width of 24 feet within a 31 foot easement. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) 3. The applicant shall direct storm water from the new construction to the on -site water quality facility under construction in Dakota Village, Phase I., pursuant to the Unified Sewerage Agency Order No. 91-47. The proposed facility shall be dedicated to the City of Tigard. The facility shall be maintained by the developer for a three year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171). SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 22 • ! 4. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 5. The applicant shall provide a final grading and drainage plan that provides for the drainage from the adjoining properties. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) 6. The applicant shall make an appointment for a pre- construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer, and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) 7. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer - engineer agreement and payment of all permit fees. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 8. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance bond. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate Maintenance Bond. 9. The applicant shall provide for the joint use and maintenance of the private street in Tract "C" and the final subdivision map shall include notice of this requirement. The maintenance shall be provided by either a bonded maintenance agreement or by the creation of a homeowners association responsible for the maintenance, or attachment to the homeowners association established for Dakota Village, Phase I. STAFF CONTACT: Michael Anderson, Engineering Dept. (639 -4171) SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 23 • • 10. Street Tree Plan. 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). 11. A tree removal permit shall be obtained prior to obtaining any site permits. No tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. 12. A landscaping and exterior lighting plan for the residences and private street shall be submitted for review and approval by the City of Tigard Police Department. 13. The applicant shall provide a public access easement over tract "C" to allow the continuation of the easement provided within Tract "A" of the Dakota Village. The easement shall provide access to the public greenway. THE APPLICANT SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION OF APPROVAL PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS 14. All site improvements as per the approved revised site plans. 15. The applicant shall provide street trees in compliance with Section 18.100.35. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and SUB 95- 0003 /PDR 95-0004/VAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 24 • 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 3. SECTION 18.160.190 Filing and Recording A Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95 -0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 25 • B. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 4. SECTION 18.162.080 Final Plat Application Submission Requirements A. Three 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. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights - of -way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: A) All centerline - centerline intersection points. B) All cul-de -sac center points. C) Curve points, beginning and ending points (PC's and PT's). b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de -sac center points, and curve points. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 26 • • 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hadley, Engineering Dept. (639 - 4171). 5. SECTION 18.164 A. 18.164.120 Utilities 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. B. 18.164.130 Cash or Bond Required 1. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. 2. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. 3. The Cash or bond shall comply with the terms and conditions of Section 18.160.180. C. 18.164.150 Installation: Prerequisite /Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 27 • D. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. G. 18.164.200 Engineer's Certification Required 1. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Prepared By: Will D'Andrea Date Assistant Planner Approved By: Dick Bewersdorf Date Senior Planner SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 28 0 • ii- NMI TO 1141 FILE Tr FILE NO(S).: thq6 FROM: i / / /W L� /. DATE: i "F i j i �7 e; R E: F/ - ' g/7 M q5 - 'OR/r, Rld5.7r pap., . -.) . � _ ,,, _ /,,/ j_ 7 j .Z�./ IA4 .4// � i / M7 i� _ 7 ; /_! 4121117105W: ��i 1 �1 /7 � '( 1q3 1 i ,_ . !, t.„_ / �:'. _�i Ai ,/ , 1V -/ iii7ff71f_Ii 1 ./r 7 4 "C 1 - , � erg I /Ad. 1 J a . � Ai . ' - BM r PA; R AM WATIffirA Wi TiMrfrii4 ; lifinglitiaM7M111 . ffalliiiMINgt■ _ JIMIOISVOp} WM ARIERNMIt / - / h: \login \patty\maste rs \n oteto. mst i AGENDA ITEM 5.1 BEFORE THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON Regarding an application by Windsor Properties Ltd. STAFF REPORT to subdivide an approximately .83 acre site into SUB 95 -0003 6 developable Tots, to be developed with single ZON 95 -0004 family attached residential units. PDR 95 -0004 VAR 95 -0007 SLR 95 -0008 I. SUMMARY OF THE REQUEST CASE: Subdivision SUB 95 -0003, Zone Change ZONE 95 -0004, Planned Development Review 95 -0004, Variance VAR 95 -0007, Sensitive Lands Review SLR 95 -0008. SUMMARY: The applicant requests for the following developement applications: 1) Subdivision approval to divide approximately .83 acres into 6 Tots ranging in size from 2,160 square feet to 20,011 square feet; 2) Zone Change approval to apply the Planned Development designation to the property in addition to the current Residential R -12 zoning designation of the subject property; 3) Planned Development Review approval to allow the construction of a private street and creation of lots less than the minimum lot size allowed under the base zone; 4) Variance approval to allow a private street to serve 24 units, whereas the code limits a private street to serve a maximum of 20 lots and a variance to allow a cul-de -sac of 475 feet, whereas the code states the maximum cul -de -sac length shall be 400 feet; and 5) Sensitive Lands Review for construction of a sewer line within the 100 -year floodplain. APPLICANT: Windsor Properties Ltd. OWNER: Same P.O. Box 647 Hillsboro, OR 97124 SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 1 • COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (6 -12 units per acre) ZONING DESIGNATION: R -12 (Residential, 12 units per acre) LOCATION: (WCTM 1S1 35CA, tax lot 500) and (WCTM 1S1 35BD, tax lot 1100). North of SW North Dakota Street, East of SW Greenburg Road and west of SW 95th Avenue. APPLICABLE LAW: Community Development Code Chapters 18.32, 18.54, 18.80, 18.84, 18.88, 18.92, 18.100, 18.102, 18.108, 18.134, 18.150, 18.160 and 18.164. Comprehensive Plan Policies 2.1.1, 3.2.1, 3.2.4, 4.2.1, 7.1.2, 7.4.4, 7.5.2, 7.6.1, 7.7.1, 8.1.1 and 8.1.3. STAFF RECOMMENDATION: The Planning Director recommends that the Planning Commission approve the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section III. II. PARCEL INFORMATION Site location, size and shape: The site is located approximately 500 feet east of SW Greenburg Road, north of SW North Dakota Street, south of SW Shady Lane and west of SW 95th Avenue. The site contains .83 acres and is a 190 foot wide quadrangle whose easterly line is some 230 feet deep and is 180 feet deep along the west property line. The site slopes gently to the north, falling at about 3 percent across the southern portion of the property, descending sharply as the old railroad embankment falls away to the floodplain area. Backround: In 1994, a Subdivision approval was granted (SUB 94 -0004 / PDR 94 -0005 / ZON 94 -0009) for a 22 lot subdivision. Following the subdivision approval, a lot line adjustment (MIS 95 -0005) was approved between tax Tots 500 and 1100. Neither the subdivision nor the lot line adjustment has been recorded. SUB 95 -0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 2 • Existing Conditions and Proposal Description: The majority of the site is vacant and covered with grasses, shrubs and trees. The Engineering Department has approved construction plan for (SUB 94 -004) and construction is expected to begin later this summer. The approved construction plans were modified to incorporate the private street and water quality facility as proposed in this current application. The applicant is proposing to subdivide the parcel into 6 developable lots with an additional tract "B" to be dedicated to the City. The Tots will average 2,160 square feet whereas the base zone requires a minimum lot size of 3,050 square feet. These smaller Tots will be built with single - family attached housing. The applicant is proposing to dedicate a 20,011 square foot tract "B" to the City for public open space. An existing City of Tigard open space tract is located to the north of this property. The applicant is also applying for a sensitive lands permit to connect to a Unified Sewerage Agency Trunk line adjacent to Ash Creek. This permit was a condition of the 1994 subdivision. Surrounding land uses: Surrounding properties are zoned R -12 (Residential, 12 units per acre). Adjoining properties to the east and west are developed with multi - family apartment complexes. The surrounding area is developed with residential dwellings. Ash Creek is located north of the property and contains floodplain and wetland area. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: Development Standards: Section 18.54 contains development standards for the R -12 zone. Development in the R -12 zoning district must comply with the following development standards: SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLAN NING COMMISSION WINDSOR PROPERTIES PAGE 3 • • Minimum lot size 3,050 square feet* Average lot width none Front setback 15 feet Garage setback 20 feet Interior sideyard setback 5.feet Corner sideyard setback 10 feet Rear setback 15 feet • Maximum building height 35 feet * With the exception of minimum lot size for use in calculating project density, the lot size standard does not apply to the development due to the applicants' use of a Planned Development. Planned Development: Section 18.80 encourages development that recognizes the relationship between buildings, their use, open space, and accessways and thereby maximizes the opportunities for innovative and diversified living environments, while implementing the density range provided through the Comprehensive Plan. Section 18.80.080 states that the minimum lot size, lot depth and lot width standards shall not apply except as related to the density computation under Chapter 18.92 and that front and rear yard setbacks for structures on the perimeter of the project shall be the same as that required by the base zone unless otherwise provided by Chapter 18.120. Section 18.80.060 states that a planned development shall not be allowed in residential areas located in areas designated as "Established Areas" on the Comprehensive Plan map except, the Commission may approve a planned development within an "Established Area" where the Commission finds: 1. Development of the land in accordance with the provisions of the "Established Area" would: a. Result in an inefficient use of land; b. Result in removing significant natural features; or c. Result in a change of the character of the area surrounding a significant historic feature of building; 2. The planned development approach is the most feasible method of developing the area; and SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 4 • • 3. The site is of a size and shape that the compatibility provisions of Chapter 18.92 (Density Computations) can be met. Density: Section 18.92.020 contains criteria for determining residential density. The number of dwelling units permitted in a Planned Development is based on the net development area excluding sensitive land areas, land dedicated for public right -of -way, and land proposed for private streets. The remaining area is divided by the minimum parcel size permitted by the zoning district to determine the number of Tots which may be created on a site. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street plant street trees. Clear Vision: Section 18.102 contains standards for clear vision areas to aid in pedestrian and motorist safety. The Code specifies vision clearance triangles adjacent to intersections in which the height of plantings, signs, and other structures are limited to three feet in height to assure safe and adequate site distance at intersections to reduce potential hazards from vehicular turning movements. Trees within this area are allowed but all limbs must trimmed below eight feet. Access, Egress, Circulation: Section 18.108 contains standards for the width of access driveways to single family residences. In order to comply with the standard each lot must be provided with a ten foot wide residential driveway. Solar Access: Section 18.88 contains solar access standards for new residential development. A subdivision complies with the basic solar access lot standard if it has a north -south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east -west axis. A subdivision complies with the basic requirement if 80% or more of the newly created lots meet this standard. The Code provides exceptions for development constraints due to existing development and street alignments. Section 18.88.040(E) allows the approval authority to exempt new lots from the solar access standard in certain cases including situations where existing right -of -way prevents Tots from being oriented for solar access. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 5 • • Tree Removal: Section 18.150.020(E) requires a permit for removal of trees having a trunk six inches or more in diameter measured four feet above the ground level. A permit for tree removal must comply with the following criteria as specified in Section 18.150.030(A): a. The trees are diseased, present a danger to property, or interfere with utility service or traffic safety; b. The trees have to be removed to construct proposed improvements or to otherwise utilize the applicant's property in a reasonable manner; c. The trees are not needed to prevent erosion, instability, or drainage problems; d. The trees are not needed to protect nearby trees as windbreaks or as a desirable balance between shade and open space; e. The aesthetic character in the area will not be visually adversely affected by the tree removal; and f. New vegetation planted by the applicant, if any, will replace the aesthetic value of trees to be cut. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To comply, a preliminary plat must meet the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 3. The streets and roads must be laid out so as to conform to the plats of subdivisions and maps of partitions or subdivisions already approved for SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 6 • • • adjoining property as to width, general direction and in all other respects unless the City determines it is in the public interest to modify the street or road pattern; and 4. An explanation has been provided for all common improvements. Streets and Utilities: Section 18.164 contains the following standards for streets and utilities serving a subdivision: 1. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. 2. Section 18.164.030(E) requires a residential access street to have a minimum 24 -foot paved roadway width. 3. Section 18.164.030(S) states that design standards for private streets shall be established by the City Engineer and that private streets serving more than 6 dwelling units are permitted within planned developments. This section also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the street in perpetuity. 4. Section 18.164.030(K) requires that a cul -de -sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. 5. Section 18.164.040(6)(1) states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except: a. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development or; b. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 7 • • c. For non - residential blocks in which internal public circulation provides equivalent access. 6. Section 18.164.040(B)(2) states that when block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the block. 7. Section 18.164.060 prohibits lot depth from being more than 21/2 times the lot width and requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. 8. Section 18.164.070 requires that sidewalks be constructed adjoining all residential streets. 9. Section 18.164.090 requires sanitary sewer service. 10. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. Variance: Community Development Code section 18.134.050 provides standard for granting a variance: 1. The proposed variance will not be materially detrimental to the purposes of this title, be in conflict with the policies of the Comprehensive Plan, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; 2. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; 3. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting some economic use of the land; SUB 95 -0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 8 • 4. Exisiting physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms, or parks will not be adversely affected any more than would occur if the development were located as specified in this title; and 5. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. Sensitive Lands- Floodplain: Chapter 18.84.040(A) states that the appropriate approval authority shall approve or approve with conditions an application request within the 100 -year floodplain based upon findings that all of the following criteria have been satisfied: 1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance of the zero -foot rise floodway shall not result in any narrowing of the floodway boundary. 2. Land form alterations or developments within the 100 -year floodplain shall be allowed only in areas designated as commercial or industrial on the comprehensive plan land use map, except that alterations or developments associated with community recreation uses, utilities, or public support facilities as defined in Chapter 18.42 of the Community Development Code shall be allowed in areas designated residential subject to applicable zoning standards. 3. Where a land form alteration or development is permitted to occur,. within the floodplain it will not result in any increase in the water surface elevation of the 100 -year flood. • 4. The land form alteration or development plan includes a pedestrian /bicycle pathway in accordance with the adopted pedestrian /bicycle pathway plan, unless the construction of said pathway is deemed by the Hearing Officer as untimely. 5. The plans for the pedestrian /bicycle pathway indicate that no pathway will be below the elevation of an average annual flood. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 9 • 6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State Lands approvals shall be obtained. 7. Where land form alterations and /or development are allowed within and adjacent to the 100 -year floodplain, the City shall require the dedication of sufficient open land area within and adjacent to the floodplain in accordance with the comprehensive plan. Sensitive Lands - Wetlands: Chapter 18.84.040(D) states that the appropriate approval authority shall approve or approve with conditions an application request for sensitive lands permit within wetlands based upon findings that all of the following criteria have been satisfied: 1. The proposed landform alteration or development is neither on wetland in an area designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet of such a wetland. 2. The extent and nature of the proposed landform alteration or development will not create site disturbances to an extent greater than the minimum required for the use. 3. Any encroachment or change in on -site or off -site drainage which would adversely impact wetland characteristics have been mitigated. 4. Where natural vegetation has been removed due to landform alteration or development, erosion control provisions of the Surface Water Management program of Washington County must be met and areas not covered by structures or impervious surfaces will be replanted in like or similar species in accordance with Chapter 18.100, Landscaping and Screening. 5. All other sensitive lands requirements of this chapter have been met. 6. The provisions of Chapter 118.150, Tree Removal, shall be met. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 10 • 7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks, Recreation and Open Space policies of the Comprehensive Plan have been satisfied. B. Applicable Comprehensive Plan Policies: Citizen Input: Policy 2.1.1 provides the City will assure that citizens will be provided an opportunity to participate in all phases of the planning and development review process. Sensitive Lands - Floodplain: Policy 3.2.1 provides that the City will prohibit any development within the 100 -year floodplain that would result in any rise in elevation of the 100 -year floodplain. Sensitive Lands - Wetlands: Policy 3.2.4 prohibits development within areas designated as significant wetlands on the floodplain and wetlands map. No development shall occur on property adjacent to areas designated as significant wetlands on the floodplain and wetlands map within 25 feet of the designated wetlands area. Water Quality: Policy 4.2.1 provides that all development within the Tigard Urban Planning Area shall comply with applicable federal, state, and regional water quality standards. Public Utilities: Policies 7.1.2, 7.2.1, 7.3.1 and 7.4.4 provides that the City will require as a condition of development approval that public water, sewer, and storm drainage will be provided and designed to City standards and that utilities shall be placed underground. Police Protection: Policy 7.5.2 states that the Tigard Police Department shall review development applications to ensure adequate Police protection is available to serve each new development. Fire Protection: Policy 7.6.1 states that Fire District shall review all new development applications to ensure adequate Fire Protection is available to serve each new development. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 11 • Coordination with Serving Utility Providers and Public Agencies: Policy 7.7.1 states that the City shall ensure that each private and public utility and public agency is provided with plans, programs, and schedules outlining any anticipated construction or reconstruction of public streets. Street Improvements: Policy 8.1.1 provides that the City will plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Street Improvements. Policy 8.1.3 states that the City will require the following as a precondition of approval: 1. Development abut a dedicated street or have other adequate access; 2. Street right -of -way shall be dedicated where the street is substandard in width; 3. The developer shall commit to construction of the streets, curbs, and sidewalks to City standards within the development. 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; 5. Street improvements shall be made and street signs or signals shall be provided when the development is found to create or intensify a traffic hazard. IV. STAFF & AGENCY COMMENTS 1. The City of Tigard Engineering Department has reviewed this application and has offered the following comments: A. Streets: The project proposes to extend the private street connecting to SW North Dakota Street that is a part of the Dakota Village subdivision under construction. This SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 12 • road extension would provide access to the proposed Tots. The new street would extend approximately 100 feet beyond the "t" type turnaround that is proposed for Dakota Village, and will maintain the access to the City Maintenance Department driveway that connects to the water quality facility at the end of the private street. With regards to private street standards, under Section 18.164.030.S, the use of private streets is allowed within Planned Developments and the standards are established by the City Engineer. The street width for this private street was established at 24 feet with the approval of the Dakota Village subdivision as noted in 1994, consistent with the new City street standard for public cul-de -sacs. The applicant has requested approval of a variance to allow an increase to the number of lots using the private street cul-de -sac from twenty as required by Section 18.164.030,K, to 26. The applicant's request indicates that this is an infill project and there is no other viable use of the northerly portion of this property that is surrounded by the City's open space greenway along the Ash Creek on the north and existing multi - family developments on the east and west. Section 18.164.030.S relating to private streets also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the streets in perpetuity. The applicant should be required to attach this subdivision to the homeowners association established for Dakota Village. B. Sanitary Sewer: The applicant proposes to connect a the new sewer main under construction with Dakota Village that will cross the contiguous property to the north and connect to the existing 30 inch trunk public sanitary sewer main that is located adjacent to Ash Creek. The 30" main is owned and operated by the Unified Sewerage Agency and will require a permit from the Agency. The construction across the creek area requires the Sensitive Lands Review that is a part of the application. The existing line has the capacity to serve this development. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 13 • • C. Storm Drainage: The applicant proposes to collect the storm water in the new underground system under construction at the end of the private street. This storm drain will deposit the run -off into a water quality dry pond that is to located within the proposed open space lot under construction with the Dakota Village subdivision, along the northerly property line. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on -site water quality facilities or fees in -lieu of their construction. The water quality facility under construction will satisfy the USA requirements. The proposed facility will be dedicated to the City. The applicant should be required to maintain the facility for a period of three years prior to the acceptance for maintenance by the City. 2. The Unified Sewerage Agency states that sensitive area defined by R &O 91-47 / 91 -75 must be protected by a 25 foot undisturbed corridor. Corridor and sensitive area to be in a separate tract, not a part of any buildable lot. 3. General Telephone has reviewed this application and has stated that the developer is required to provide trenches according to GTE specifications. 4. Tualatin Valley Fire and Rescue states that parking of vehicles will not be allowed in the turnaround located next to lot 21. No parking signs shall be installed to indicate no parking areas. 5. The City of Tigard Maintenance Services Department, City of Tigard Building Division, City of Tigard Police Department, Tualatin Valley Water District, Portland General Electric have no objections to this proposal. 6. The Planning Division has received no other objections or comments concerning this application. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 14 • • V. EVALUATION OF THE REQUEST A. Compliance with Community Development Code: Development Standards: Setbacks on the proposed lots shall be reviewed for compliance at the time of plan check review for Building Permits. The proposed lot sizes are less than the minimum allowed as per the Planned Development approval. Planned Development: This application satisfies the criteria for allowing a planned development in an "Established Area ". This criteria was also satisfied for Dakota Village (SUB 94 -004). Development as a Planned Development would allow a more efficient use of land as it allows the clustering of units on smaller lots while preserving areas for open space. A Planned Development allows the provision of a private street and enables the developer to avoid a street connection across the wetland and floodplain area. A planned development is also the most feasible method of maintaining the medium -high density characteristics of the surrounding area while preserving open space. Density standards will be satisfied with this proposal. Density: The applicant is proposing to develop a .83 acre site. However, the proposed parcel incorporates the northern portion, lot #11 and tract B, of the Dakota Village subdivision (SUB 94- 0004). Since the applicant is modifying the 1994 approval it is necessary to calculate the density based on the total square footage being developed in the two phases. The total land area encompassed by the subdivision is approximately 2.4 acres or 104,544 square feet. The total density allowed on 2.4 acres is 27 lots. The applicant is proposing 27 lots, thereby satisfying the density standard. Landscaping: The applicant shall plant Street Trees in accordance with the standards set forth in Section 18.100.035. The Code requires the planting of Street Trees at certain intervals based on the size of the tree species at maturity. A street tree plan shall be submitted for review and approval. Clear Vision: The Building Division will review each Building Permit for compliance with setback standards set forth for structures within the clear vision area. SUB 95 -0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 15 • • Solar Access: The existing orientation of SW North Dakota Street, the orientation of the private street and the configuration of the subject site prevents the proposed Tots from being orientated for solar access. Therefore, the proposed Tots are exempt from the solar access standards. Tree Removal: A tree removal permit shall be obtained prior to obtaining any site permits and no tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. Subdivision Design: Section 18.160.060(A) provides standards for review of subdivision proposals. 1. The proposed subdivision complies with the Comprehensive Plan Map's Medium Density Residential opportunity for the site as well as with applicable Comprehensive Plan policies, the regulations of the R -12 zone, and other applicable ordinances and regulations; 2. The proposed name of the subdivision, Dakota Village No.2, is not duplicative of any other plat recorded in Washington County; 3. The site does not abut properties with approved plats which would require conformity or connectivity with the plats of adjoining areas. The street design and width approved by the City Engineer would provide for both adequate and safe access to the lots in this subdivision. 4. The applicant has provided an explanantion for all common improvements including the provision for public services such as sewer, water, drainage and street improvments. Street and Utility Improvements: Chapter 18.164 provides standards for street and utility improvements. The design of this subdivision is consistent or shall be consistent with these requirements due to the following: SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 16 • • 1. The approved private street connects 'with a dedicated and improved local public street. 2. The applicant has proposed a private street with a 31 foot right -of- way width with 24 feet of pavement and a 5 foot sidewalk. The applicant has also been conditioned to provide for a bonded maintenance agreement or provide a homeowners association for street maintenance. 3. Each lot exceeds the minimum street frontage standard of 25 feet. The lot depth requirements do not apply to Tots created through the planned development process. 4. The applicant has been conditioned to bond for and construct all necessary sidewalks serving this subdivision. 5. The applicant has requested and received a recommendation for a variance to the maximum cul-de -sac length and number of units served by a private street. 6. The applicant has designed a water quality facility and will construct the storm drainage system to City of Tigard Public Works standards. 7. Sanitary sewer service shall be provided. 8. The block length created by this application will be in excess of 1,800 lineal feet. However, this site is constrained from providing the required block length due to the location of the 100 -year floodplain. Where blocks are greater than 600 are permitted pedestrian connections shall be provided. Since the block length is greater than 600 lineal feet, the applicant shall be required to provide a pedestrian easement within the private street to provide access to the adjoining greenway. The Tigard Park's Plan states that greenways occur within the City as linear recreation corridors and include both developed greenways with paved pathways, and undeveloped natural areas in which pathways will be constructed SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 17 • in the future. An easement within the private drive will enable a future connection with the pathway system and reduce the block size made up by SW Greenburg Road, SW Shady Lane, SW 95th Avenue and SW North Dakota Street. Variance : Length of Cul-de -sac and Number of Units. Chapter 18.134 provides standards for variances. This proposal is consistent with these requirements due to the following: Criteria 1: The variance will not be materially detrimental to City standards nor to other properties in the same zoning district. The proposed width of the private street has been approved by the City Engineer and will be adequate for serving the number of units requested. Emergency vehicles will have the required area for manuevering and turning around. The applicant is requesting only an approximately 20 percent increase in the length and number of units served by a cul-de -sac. Criteria 2: The special circumstances which exist are the surrounding developments which preclude street' connections, the shape / depth of the site and location adjacent of the 100 -year floodplain. The shape of the site requires a street oriented in a north -south direction, while surrounding development precludes any type of connection with an adjoining street. The floodplain prohibits a street connection from SW Shady Lane to the north. Therefore, the only reasonable access is from an extension of the private street approved with the Dakota Village subdivision. Criteria 3: The requested variance will in no way affect the permitted use status of the proposed development. All other City standards will be maintained. Criteria 4: Existing physical and natural systems will not be adversely affected any more than would occur if the variance were not requested. Drainage will be connected to an approved system thereby minimizing adverse effects on the natural system. Traffic will be no heavier than that allowed by the density of the zone. In fact, existing natural systems would be adversely affected if this variance were not approved as the applicant would be forced to apply for a fill permit with the Army Corps of Engineers SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 18 • • and Division of State Lands for construction of a road across the floodplain and wetland area in order to provide access to this site. Criteria 5: The hardship related to this variance is brought about through the location of the 100 -year floodplain and adjoining development which preclude connection to another public street. The requested variance is the minimum variance which would alleviate the hardship. The applicant is • proposing an approximately 20 percent increase in the length of the cul -de- sac and the maximum number of units served by it. Sensitive Lands Review - Wetlands: Chapter 18.84 provides standards for land for alterations within wetlands. This proposal is consistent with these requirements due to the following: Criteria 1: The proposed sewer line will be within a wetland area but it is not designated as significant wetland on the Comprehensive Plan Floodplain and Wetland Map, nor is it within 25 feet of such a wetland. Criteria 2: The extent and nature of the proposed land form alteration or development will not create site disturbances greater than the minimum required for the use. The extent of the alteration will be to dig a trench for the sewer. Impacts to the vegetation will be mitigated. Criteria 3: This project does not change on -site or off -site drainage. Criteria 4: The minimal amount of vegetation loss expected with construction will be replanted. Erosion control measures shall be as conditioned by the approved Division of State Lands permit. Criteria 5: Other applicable sensitive lands requirements have been met as addressed in this report. Criteria 6: No trees larger than six inches in diameter will be removed for this project, therefore this provision does not apply. Criteria 7: Applicable Comprehensive Plan Policies are satisfied as discussed, in section B Comprehensive Plan Policies, below. SUB 95- 0003 /PDR 95-0004/VAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 19 • • Sensitive Lands Review - Floodplain: Chapter 18.84 provides standards for land for alterations within floodplains. This proposal is consistent with these requirements due to the following: Criteria 1: This project shall preserve the floodplain storage function and maintenance of the zero -foot rise floodway as this project will be placing a sewer line underground and will therefore not impede water flow or increase volume within the floodplain. Criteria 2: The subject project is in area designated as Residential on the Comprehensive Plan Land Use map but is considered a utility and is therefore allowed. Criteria 3: This land form alteration will not result in any increase in the surface elevation of the 100 -year flood as this project will for constructing an underground sewer and will therefore not impede water flow or increase volume within the floodplain. Criteria 4: The sewer connection requires that the applicant cross the floodplain area. The location of the floodplain is within property owned by the City of Tigard. This project does not include a pedestrian pathway as this criteria is not applicable since the applicant does not own the property containing the floodplain area. Criteria 5: This criteria is not applicable as the applicant does not own the property containing floodplain area and a path is not required with this application. Criteria 6: The applicant has obtained the necessary permits from the Division of State Lands and Army Corps of Engineers. Criteria 7: This criteria is not applicable as the property contianing the floodplain area is already dedicated to the City of Tigard. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 20 • • B. Compliance With Comprehensive Plan Policies Citizen Input: The subdivision is consistent with Policy 2.1.1 because notice of the application and the public hearing on this item was provided to owners of property in the vicinity of the site. 2. Sensitive Lands: Policy 3.2.1 is satisfied because this proposal will not result in any rise in the elevation of the 100 -year flooplain. 3. Sensitive Lands: Policy 3.2.2 is satisfied because this development will preserve the function and maintenance of the zero -foot rise floodway. 4. Sensitive Lands: Policy 3.2.4 is satisfied as this wetland is not designated as significant wetland on the Comprehensive Floodplain and wetlands map. 5. Water Quality: To comply with Policy 4.2.1, the developer shall construct an on -site water quality facility. 6. Police Protection: The Police Department was provided with a copy of the development plan in compliance with Policy 7.5.2. 7. Fire Protection: Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 8. Coordination with Serving Utility Providers and Public Agencies: The subdivision complies with Policies 7.1.2, 7.2.1, 7.3.1, and 7.4.4 because the serving Private Utility Companies and Public Agencies have been provided with copies of the proposed development application. Neither the developer or the service providers have objected to the provision of utility services to this site. 9. Street Improvements: The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed extension of improvements to and within the development should contribute to a safe and efficient street system in this area. The internal streets serving the subdivision shall meet City standards in terms of design requirements for local streets. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008 /ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 21 • • VI. FINDING AND RECOMMENDATIONS Staff recommends that the Planning Commission approve Subdivision 95- 0003 /Planned Development Review 95 -0004 / Variance 95 -0007 and Sensitive Lands Review 95 -0008 for Dakota Village II subject to the following conditions: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE NOTED THE STAFF CONTACT FOR THE FOLLOWING CONDITIONS IS MICHAEL ANDERSON WITH THE ENGINEERING DEPARTMENT. 1. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. The private street shown as Tract "C" shall be constructed with a minimum pavement width of 24 feet within a 31 foot easement. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639- 4171) 3. The applicant shall direct storm water from the new construction to the on -site water quality facility under construction in Dakota Village, Phase I., pursuant to the Unified Sewerage Agency Order No. 91-47. The proposed facility shall be dedicated to the City of Tigard. The facility shall be maintained by the developer for a three year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. STAFF CONTACT: Greg Berry, Engineering Department (639 - 4171). SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 22 • • 4. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 5. The applicant shall provide a final grading and drainage plan that provides for the drainage from the adjoining properties. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) 6. The applicant shall make an appointment for a pre - construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer, and contractor shall be required to attend this meeting prior to receiving the 'approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639 -4171) 7. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer - engineer agreement and payment of all permit fees. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 8. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance bond. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate Maintenance Bond. 9. The applicant shall provide for the joint use and maintenance of the private street in Tract "C" and the final subdivision map shall include notice of this requirement. The maintenance shall be provided by either a bonded maintenance agreement or by the creation of a homeowners association responsible for the maintenance, or attachment to the homeowners association established for Dakota Village, Phase I. STAFF CONTACT: Michael Anderson, Engineering Dept. (639 -4171) SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 23 • • 10. Street Tree Plan. 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). 11. A tree removal permit shall be obtained prior to obtaining any site permits. No tree removal or site grading shall occur prior to Planning Division review and approval of a tree inventory and permit. Tree removal permits shall be issued in phases. The first phase shall be related to grading and public improvements. The second phase shall be related to development of individual lots. 12. A landscaping and exterior lighting plan for the residences and private street shall be submitted for review and approval by the City of Tigard Police Department. 13. The applicant shall provide a public access easement over tract "C" to allow the continuation of the easement provided within Tract "A" of the Dakota Village. The easement shall provide access to the public greenway. THE APPLICANT SHALL BE REQUIRED TO COMPLY WITH THE FOLLOWING CONDITION OF APPROVAL PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS 14. All site improvements as per the approved revised site plans. 15. The applicant shall provide street trees in compliance with Section 18.100.35. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 24 • • 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 3. SECTION 18.160.190 Filing and Recording A Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 25 • • B. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 4. SECTION 18.162.080 Final Plat Application Submission Requirements A. Three 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. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights - of -way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: A) All centerline - centerline intersection points. B) All cul-de -sac center points. C) Curve points, beginning and ending points (PC's and PT's). b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points, cul-de -sac center points, and curve points. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 26 • • • 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hadley, Engineering Dept. (639 - 4171). 5. SECTION 18.164 A. 18.164.120 Utilities 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. B. 18.164.130 Cash or Bond Required 1. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. 2. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. 3. The Cash or bond shall comply with the terms and conditions of Section 18.160.180. C. 18.164.150 Installation: Prerequisite/Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 27 • D. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. G. 18.164.200 Engineer's Certification Required 1. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. Z(2e_./.1 ) Prepared By: Will D'Andrea Date Assistant Planner Approved By: Dick Bewersdorf Date Senior Planner SUB 95- 0003 /PDR 95- 0004NAR 95- 0007 /SLR 95- 0008/ZON 95 -0004 PLANNING COMMISSION WINDSOR PROPERTIES PAGE 28 411 411 • MEMORANDUM CITY OF TIGARD, OREGON TO: Will D'Andrea July 17, 1995 FROM: Michael Anderson, Development Review Engineer Or RE: SUB 95 -0003; PDR 95 -0004; SLR 95 -0008; ZON 95 -0004 WINDSOR PROPERTIES - DAKOTA VILLAGE PHASE II Description: The applicant proposes to subdivide a 0.83 acre parcel into six (6) residential lots varying in sizes from 2,160 sft to 3,236 sft and an open space lot of 20,011 sft. The site is located on the north side of SW North Dakota Street, easterly of SW Greenburg Road (Tax Lots 1S1 35CA 500 & 1S1 35BD 1100), and is a proposed extension of the Dakota Village subdivision approved in 1994. Findings: 1. Streets: The project proposes to extend the private street connecting to SW North Dakota Street that is a part of the Dakota Village subdivision under construction. This road extension would provide access to the proposed lots. The new street would extend approximately 100 feet beyond the "t" type turnaround that is proposed for Dakota Village, and will maintain the access to the City Maintenance Department driveway that connects to the water quality facility at the end of the private street. With regards to private street standards, under Section 18.164.030.S, the use of private streets is allowed within Planned Developments and the standards are established by the City Engineer. The street width for this private street was established at 24 feet with the approval of the Dakota Village subdivision as noted in 1994, consistent with the new City street standard for public cul -de -sacs. The applicant has requested approval of a variance to allow an increase to the number of lots using the private street cul- de -sac from twenty as required by Section 18.164.030,K, to 26. The applicant's request indicates that this is an infill project and there is no other viable use of the northerly portion of this property that is surrounded by the City's open ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 1 e • • space greenway along the Ash Creek on the north and existing multi - family developments on the east and west. Section 18.164.030.5 relating to private streets also requires a bonded maintenance agreement or the creation of a homeowners association to provide for the continued maintenance of the streets in perpetuity. The applicant should be required to attach this subdivision to the homeowners association established for Dakota Village. 2. Sanitary Sewer: The applicant proposes to connect a the new sewer main under construction with Dakota Village that will cross the contiguous property to the north and connect to the existing 30 inch trunk public sanitary sewer main that is located adjacent to Ash Creek. The 30" main is owned and operated by the Unified Sewerage Agency and will require a permit from the Agency. The construction across the creek area requires the Sensitive Lands Review that is a part of the application. The existing line has the capacity to serve this development. 3. Storm Drainage: The applicant proposes to collect the storm water in the new underground system under construction at the end of the private street. This storm drain will deposit the run -off into a water quality dry pond that is to located within the proposed open space lot under construction with the Dakota Village subdivision, along the northerly property line. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91 -47) Surface Water Management Regulations requiring the construction of on- site water quality facilities or fees in -lieu of their construction. The water quality facility under construction will satisfy the USA requirements. The proposed facility will be dedicated to the City. The applicant should be required to maintain the facility for a period of three years prior to the acceptance for maintenance by the City. Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY; 1. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the subdivision. The private street shown as Tract "C" shall be constructed with a minimum pavement width of 24 feet within a 31 foot easement. STAFF CONTACT: John Hagman, Engineering Department (639 - 4171) ENGINEERING COMMENTS SUB 95 - DAKOTA VILLAGE PHASE II PAGE 2 • • 2. Three (3) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 3. The applicant shall direct storm water from the new construction to the on -site water quality facility under construction in Dakota Village, Phase I., pursuant to the Unified Sewerage Agency Order No. 91 -47. The proposed facility shall be dedicated to the City of Tigard. The facility shall be maintained by the developer for a three year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171). 4. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. 5. The applicant shall provide a final grading and drainage plan that provides for the drainage from the adjoining properties. STAFF CONTACT: Greg Berry, Engineering Department (639 -4171) 6. The applicant shall make an appointment for a pre- construction meeting with the City of Tigard Engineering Department after approval of the public improvement plans but before starting work on the site. The applicant, the applicant's engineer, and contractor shall be required to attend this meeting prior to receiving the approved plans and permits. STAFF CONTACT: Michael Anderson, Engineering Department (639- 4171) 7. Construction of the proposed public improvements and issuance of Building Permits shall not commence until after the Engineering Department has reviewed and approved the public improvements plans, a street opening permit or construction compliance agreements has been executed, execution of a developer- engineer agreement and payment of all permit fees. STAFF CONTACT: John Hagman, Engineering Department (639 -4171) 8. Prior to the plat being recorded with Washington County the applicant shall provide a 100 percent performance bond. As an alternative the applicant may have the plat recorded after the public improvements have been accepted by the City of Tigard and has posted the appropriate Maintenance Bond. ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 3 • • 9. The applicant shall provide for the joint use and maintenance of the private street in Tract "C" and the final subdivision map shall include notice of this requirement. The maintenance shall be provided by either a bonded maintenance agreement or by the creation of a homeowners association responsible for the maintenance, or attachment to the homeowners association established for Dakota Village, Phase I. STAFF CONTACT: Michael Anderson, Engineering Dept. (639 -4171) IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST. 1. SECTION 18.160.170 Improvement Agreement A. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. B. The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. 2. SECTION 18.160.180 Bond A. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 4 • i B. The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the City Engineer in calculating the amount of the performance assurance. C. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 3. SECTION 18.160.190 Filing and Recording A Within 60 days of the City review and approval, the applicant shall submit the final plat to the County for signatures of County officials as required by ORS Chapter 92. B. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 4. SECTION 18.162.080 Final Plat Application Submission Requirements A. Three 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. Street centerline monumentation shall be provided as follows: a) Centerline Monumentation 1) In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline of all street and roadway rights -of -way shall be monumented before the City accepts a street improvement. 2) The following centerline monuments shall be set: A) All centerline - centerline intersection points. B) All cul -de -sac center points. C) Curve points, beginning and ending points (PC's and PT's) . ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 5 III III b) Monument Boxes Required 1) Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. 2) The tops of all monument boxes shall be set to finished pavement grade. STAFF CONTACT: John Hadley, Engineering Dept. (639 - 4171). 5. SECTION 18.164 A. 18.164.120 Utilities 1. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. B. 18.164.130 Cash or Bond Required 1. All improvements installed by the subdivider shall be guaranteed as to workmanship and material for a period of one year following acceptance by the City. 2. Such guarantee shall be secured by cash deposit or bond in the amount of the value of the improvements as set by the City Engineer. 3. The Cash or bond shall comply with the terms and conditions of Section 18.160.180. C. 18.164.150 Installation: Prerequisite /Permit Fee 1. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefor have been approved by the City, permit fee paid and permit issued. D. 18.164.180 Notice to City Required 1. Work shall not begin until the City has been notified in advance. 2. If work is discontinued for any reason, it shall not be resumed until the City is notified. ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 6 • 110 G. 18.164.200 Engineer's Certification Required 1. The land divider's engineer shall provide written certification of a form provided by the City that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade, prior the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. APPROVED: /l . Randall R. Woole City Engineer MJA:SUB95- 03.mja ENGINEERING COMMENTS SUB 95 -03 DAKOTA VILLAGE PHASE II PAGE 7 0' IN V,q • • TUALATIN VALLEY FIRE & RESCUE c BEAVERTON FIRE DEPARTMENT �iQ GJ\ 4755 S.W. Griffith Drive • P.O. Box 4755 • Beaverton, OR 97076 • (503) 526 -2469 • FAX 526 -2538 V ARES July 13, 1995 Will D'Andrea Tigard Planning Department 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Subdivision 95 -0003 Near 9775 S.W. North Dakota Avenue Dear Mr. D'Andrea: This review covers fire department access for the above noted project. Parking of vehicles will not be allowed in the turnaround located next to lot 21. No parking signs shall be installed to indicate no parking areas. If I can be of any further assistance to you, please feel free to contact me at 526 -2469. Sincerely, (:)&. )3a Al Kellas Deputy Fire Marshal AK:kw "Working" Smoke Detectors Save Lives 201 P.02 MAR -22 -95 WED 11:07 A.G. CROOK CO. 5036909 _ 4.4YA �,ec 624 eiCr • II • r -; - DD 1 Division of State Lands Permit No.: 9308 REVISED 775 Summer Street NE Permit Type: Fill . Salem, OR 97310 Waterway: Ash Creek a 378 -3805 County: ' Washington County • 378 -3059 Expiration Date: March 3 1996 • . P'PROP '$7TTES y IS AUTHORIZED IN ACCORDANCE WITH ORS 196.800 TO 196.990 TO PERFORM THE OPERATIONS DESCRIBED IN TICE ATTACHED COPY OF THE APPLICATION, SUBJECT TO THE 5t'ECIAL CONDITIONS LISTED ON ATTACHMENT A AND TO 'i w FOLLOWING GENERAL CONDITIONS: 1. This permit does not authorize trespass on the lands of others. The permit holder shall obtain all necessary access permits or rights -of -way before entering lands owned by another. • 2. This permit does not authorize any work that is not in compliance with local zoning or other local, state, or federal re ation ertainin to the operations authorized by this p permit.. The permit holder is responsible for ob p taining the necessary approvals and permits before proceeding under this permit. 3. All work done under this permit must comply with Oregon Administrative Rules, Chapter 340; Standards of Quality for Public Waters of Oregon... Specific water quality provisions for this project are set - forth on Attachment A. 4. Violations of the terms and conditions of this permit are subject to administrative and/or legal action which may result in revocation of the permit or damages. Thepermit holder is responsible for the activities of all contractors or other operators involved in work done at the site or under this permit. 5. A copy of the permit shall be available at the work site whenever operations authorized by the permit are being conducted. 6. Employees of the Division of State Lands and all duly authorized representatives of the Director shall be permitted access to the project area at all reasonable times for the purpose of inspecting work performed under this permit, 7. Any permit holder who objects to the conditions of this permit may request a hearing from the Director, in writing, within 10 days of the date this permit was issued.. • NOTICE: If removal is from state -owned submerged and submersible land, the applicant must comply with leasing and royalty provisions of ORS 274.530. If the project involves creation of new lands by filling on state - owned submerged or submersible lands, you must comply with ORS 274.905 - 274.940. This permit does not relieve the permittee of an obligation to secure appropriate leases from the Division of State Lands .to conduct activities on state -owned submerged or submersible lands, Failure to comply with these requirements may result in civil or criminal liability. For more information about these requirements, please contact the Division of State Lands, Waterway Leasing Office, 378 -3805. Gary Gustafson, Director Oregon Division of State Lands . -:: L . -e1.CZt.----- . .„......"221L-C2 , arch 3. x995 • • • • ATTACHMENT A • Special Conditions for Material Removal/Fill Permit No. 9308 L This permit authorizes the removal and bark111 of up to 200 cubic yards of m aterial in Section 35, T1S, R1W (Ash Creek) for construction of a connector sewer as outlined in the attached permit application, map and drawings. 2. Turbidity shall not exceed 10% above natural stream turbidities as a result of the project. The turbidity standard may be exceeded for a limited duration (per OAR 34041) provided all practicable erosion control measures have b implemented as applicable, including, but not limited to: -use of filter bags, sediment fences, silt curtains, leave strips or berms, or other measures sufficient to prevent offsite movement of soil; -use of an impervious material to cover stockpiles when unattended or during a rain event; Erosion control measures shall be maintained as necessary to ensure their continued effectiveness, until soils become stabilized. 3. Petroleum products, chemicals, or other deleterious materials shall not be allowed to enter the water 4. Waste materials and spoils not utilized in the project shall be removed from the site and placed on uplands (non- wetland). 5. Operation of equipment in. the active flowing stream shall be between July 1 and September 30. 6. Trenching for the pipeline shall be done in a dry or dewatered area with any stream flow diverted around the construction to prevent turbidity. 7. Clay or concrete barriers (trench seals) shall be placed around the pipe to insure the creek will not be dewatered. by lateral water movement through pipe bedding material. 8 All disturbed areas shall be returned to original ground contours at project completion. 9. Removal of existing woody vegetation shall be minimal. 10. Areas of wetland disturbance shall be seeded or planted with native grasses and/or legumes, and shrubs and trees. Native trees and shrubs removed during construction shall be replaced with native species . 11. The issuance of this permit is conditional upon acquisition of the required sensitive lands permit from City of Tigard. 12. The Division of State Lands retains the authority to temporarily halt or modify the project in case of excessive turbidity or damage to natural resources. March 3, 1995 - EQUEST FOR COMMENT KECEIV LANNI ' DATE: June 28.1995 - JUL ®7'gg: CITY OF TIGARD TO: John Acker, Field Operations ��,///��" OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004NARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10. 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLE CHECK THE FOLLOWING ITEMS THAT APPLY: �►// We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: SUB 95 -0003 /PDR 95 -0004NAR 95 -0007/SLR 95-0008/ZON 95 -0004 June 23, 1995 - WINDSOR PROPERTIES illpEOUEST FOR COMMENTS • DATE: June 28, 1995 v. CITY OF TIGARD TO: Michael Miller, Water Department OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004NARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54,18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10. 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. )( Written comments provided below: T N /S /S A/or IJirx i,J Dim_ A/Area- 5Eavi€E QaF. _ 7i�a:4E ,c;,2,644.124 T ILALA7.A/ J 4LLEV LJATiar- - D#Sra/c7' (Please provide the following information) Name of Person Commenting: Mk( Mz . Phone Number: 396 SUB 95 -0003 /PDR 95 -0004NAR 95- 0007 /SLR 95-0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES •EQUEST FOR COMMENTS 4 rEIYED PLANNING DATE: June 28, 1995 JUN 2 91995 A CITY OF TIGARD TO: Brian Moore, Portland General Electric OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004NARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54,18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10, 1995. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information Name of Person Commenting: Z 4-93 1 Phone Number: O 'L€ G -ZR -cis SUB 95 -0003 /PDR 95 -0004NAR 95-0007/SLR 95-0008/ZON 95 -0004 June 23, 1995 i i WINDSOR PROPERTIES •EQUEST FOR COMMENTS DATE: June 28, 1995 CITY OF TIGARD 70: Lee Walker, Unified Sewerage Agency /SWM Program OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004NARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3J Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5J Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54,18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10, 1995. 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 question .t the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. .: \c UP PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ) I ,q95 _ We have reviewed the proposal and have no objections to it. J UG _ Please contact of our office. _ Please refer to the enclosed letter. By y Written comments provided below: - J . 5wkisrr, Aetast 14,A5 1Cce ;hi 2 i0 ° Pi ti9 sor g4 P I P . ® 1 y 2S u r n i s i i 4 4 6 124. C ed Par F fieefintriciP 44 -a go lAt sAp6iurd4, - •(>1 AIM Ater OF ,Q &' 8 ,Ipagl4 (Please provide the following information) 11-- _ Name of Person Commenting: M . L. W4 l c Phone Number: ` I J SUB 95 -0003 /PDR 95 -0004NAR 95 -0007 /SLR 95-0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES •REQUEST FOR COMMENTS •CEIVED PLANNING DATE: June 28, 1995 JUN 2 9 1995 CITY OF GARD . TO: Dave Scott, Building Official OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004/VARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into 6 lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54,18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10.1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments rovided below: \� C t\1� eININ S N \ o a,,. \ a� `g� 'v 6 ) \� C\� o -c 2 ( +`'`c � '`o \ \ , \(\ e w,Z►.iv 6 .M _ S� \ �ca�� . �� `fie, c �a lone r3cv-�) . \gxce. c 13‘4,NT.A (Please provide the following informatio (� ` 1 Name of Person Commenting: ~ �0.�� FJ•- > Phone Number: ! 1 j SUB 95 -0003 /PDR 95 -0004NAR 95 -0007 /SLR 95 -0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES ''' J" 1 1 PUNNING BEQUEST FOR COMMENTS DATE: June 28, 1995 JUN 2 9 1995 �► CITY OF TIGARD TO: Kelly Jennings, Tigard Police Department OREGON FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639 -4171 Fax: (503) 684 -7297 RE: SUBDIVISION (SUB) 95- 0003 /PLANNED DEVELOPMENT REVIEW (PDR) 95- 0004/VARIANCE (VAR) 95- 0007 /SENSITIVE LANDS REVIEW (SLR) 95- 0008 /ZONE CHANGE (ZON) 95 -0004 WINDSOR PROPERTIES ► A request for approval of the following development applications: 1.) Subdivision preliminary plat approval to divide an approximately .83 acre parcel into &lots ranging between 2,160 square feet to 20,011 square feet; 2.) Planned Development Review to allow construction of a private street and creation of 2,160 square foot lot sizes, whereas, the R -12 zone requires a minimum 3,050 square foot lot; 3.) Variance approval to allow a private street to serve 24 units, whereas, the code limits a private street to serve a maximum of 20 lots and; a Variance to allow a cul -de -sac of 475 feet, whereas, the code states the maximum cul -de -sac length shall be 400 feet; and 4.) Sensitive Lands Review approval for construction of a sewer line within the 100 -year floodplain; 5.) Zone Change to record a Planned Development Overlay Zone on the Zoning Map. LOCATION: North of SW North Dakota Street, east of SW Greenburg Road and west of SW 95th Avenue (WCTM 1S1 35CA, tax lot 500 and WCTM 1S1 35BD, tax lot 1100). ZONE: R -12 (Residential, 12 Units per acre). The R -12 zone allows single - family attached /detached residential units, multiple - family residential units, residential care facilities, mobile home parks and subdivision, public support services, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 2.1.1, 4.2.1, 6.1.1, 7.1.2, 7.2.1, 7.3.1, 7.4.4, 7.6.1, 8.1.1, and 8.1.3. Community Development Code Chapters 18.54, 18.80, 18.88, 18.92, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160, 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 July 10. 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: V We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information All ) Name of Person Commentin • . - . / tf.� . / Phone Number: ' ' aQn I 2 SUB 95-0003/PDR 95 -0004NAR 95 -0007 /SLR 95-0008/ZON 95 -0004 June 23, 1995 WINDSOR PROPERTIES • III 1111_ wee) to p.iLp / Omgon November 21, 1994 DIVISION OF STATE LANDS STATE LAND BOARD S & P Properties BARBARA ROBERTS PO Box 647 Governor Hillsboro, OR 97124 PHIL KEISLING Secretary of State Re: DSL Project No.: RF 9308 Ash Creek - Sewerline Crossing JIM HILL State Treasurer Dear Applicant: We received your application for the sewerline crossing project in a wetland area adjacent to Ash Creek. Please use the above referenced State Lands project number on all future correspondence. Based on your application, a State permit will be required. Your application will be sent to appropriate State agencies, local governments, adjacent property owners and other interested persons for review and comment. A permit application fee of $375 is required for your project to complete your state application. Please remit by December 13, 1994, and reference your remittance to DSL Project No. RF 9308. I have been assigned to coordinate your project. Please call me at 378 -3805, ext. 234 if you have any questions. Sincerely, bil t//( J William L. Parks Natural Resource Coordinator Field Operations WLP /jdl jan:31 c: Dale Haslem, U.S. Army Corps of Engineers Rita Mroczek, A.G. Crook Company K::;v � 775 Summer Street NE Salem, OR 97310 -1337 (503) 378 -3805 FAX (503) 378 -4844 ftiT 0E DEPARTMENT OF THE ARMY cL, PO DISTRICT, CORPS OF ENGINEERS fiLi �•r.' P. O. BOX 2946 PORTLAND, OREGON 97208 -2946 y Reply to " <<, " Attention of: November 17, 1994 Operations Division SUBJECT: Permit Application No: 94 -1023 S & P Properties P.O. Box 647 Hillsboro, Oregon 97124 We have received your application (Enclosure 1) for a Department of the Army Permit to replace up to 77 cubic yards of backfill in 0.01 acres of wetland for a utility line near Tigard, Washington County, Oregon. We have determined that the proposed work would be authorized under the terms of the nationwide permit described below, subject to the conditions (Enclosure 2) and provided you receive permits, where required, under Oregon's Removal /Fill Law and appropriate local authorizations. Nationwide permit 33 CFR 330, Appendix A, Section B, 12, authorizes discharges of material for backfill or bedding for utility lines, including outfall and intake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile, however, it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side - casting up to 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility line. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line. The utility line itself will require a Section 10 permit if in navigable waters of the United States. (See 33 CFR Part 322). This verification is valid until two years beyond the date of this letter or until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked in January 1997. It is incumbent upon you to remain informed of changes to the nationwide permits. We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence • • • -2- this activity before the date the nationwide permit is modified or revoked, you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of the nationwide permit. If you have any questions regarding our nationwide permit authority, please contact me at the above address or telephone (503) 326 -6996. Sincerely, L� Hasl Project Manager Regulatory Branch Enclosures Copies Furnished: ODSL - Parks OP -GP w /Encl - Black • • Oregon US Army Corps JOINT Division of State Lands of Engineers PERMIT APPLICATION FORM Portland District THIS APPLICATION WILL MEET THE REQUIREMENTS OF BOTH AGENCIES AGENCIES WILL ASSIGN NUMBERS Corp Action ID Number44 "10 ,)3 Oregon Division of State Lands Number Date Received Date Received Distr. Engineer RECEIVED State of Oregon ATTN: CENPP -PE -RP Division of State Lands PO Box 2946 NOV 1 , 775 Summer Street NE Portland, OR 97208 -2946 1994 Salem, OR 97310 503/326 -7730 503/378 -3805 1. Applicant Name S & P - Business phone # and Address PO Box 647 n Hillsboro, OR 97124 Home phone # X Authorized Agent A. G. Crook Company Business phone # 503- 690 -9658 _ Contractor 1800 NW 169th, Suite B -100 Name and Address Beaverton, OR 97006 Home phone # Property Owner Same as above Business phone # Name and Address (if different than applicant) Home phone # 2. PROJECT LOCATION Street, Road or other descriptive location Legal description N. Dakota Street near Greenburg Road Quarter Section 35 Township 1 S Range 1 W In or Near (City or Town) Tigard County Washington Tax Map # Tax Lot # Waterway Ash Creek River Mile N/A 45t Latitude l0 3 a Longitude iZ Z g6 a Is consent to enter property granted to the Corps and the Division of State Lands? X Yes _No 3. PROPOSED PROJECT INFORMATION Activity Type: X Fill Excavation (removal) _In -Water Structure _Maintain/Repair and Existing Structure Brief Description: An area of wetland outside the property boundary must be crossed to access proposed construction site. Fill will involve cubic yards annually and /or 77 cubic yards for the total project Fill will be _ Riprap X Rock _ Gravel X Sand _ Silt _ Clay _ Organics _ Other Fill Impact area is .01 _ Acres: 130' Length: 5' Width: 4' Depth 650 sq. ft. Removal will involve cubic yards annually and /or cubic yards for the total project Removal will be _ Riprap _ Rock _ Gravel _ Sand _ Silt _ Clay _ Organics _ Other Removal Impact Area is Acres: Length: Width: Depth Estimated Start Date 1994 Estimated Completion Date 1995 Will any material, construction debris, runoff, etc. enter a wetland or waterway? _Yes X No If Yes, describe the discharge and show the discharge location on the site plan. ENCLOSURE 1 A. G. CROOK COMPANY FOR 4 PRt,.-•D PROJECT PURPOSE & DESCKAAN Project Purpose and Need: The wetland along of Ash Creek must be crossed by a sewerline so as to service the proposed development. Project Description: A 10 -acre site is proposed for residential development How many project drawing sheets are included with this application? 3 NOTE: A complete application must include drawings and a location map submitted on separate.81/2X11 sheets. 5. PROJECT IMPACTS AND ALTERNATIVES Describe alternative sites and project designs that were considered to avoid impacts to the waterway or wetland. The sewerline connector is on the north side of the Ash Creek wetland while the proposed North Dakota Village is on the south side of the wetalnds. The only practicable way to connect the two is to cross the wetland. • Describe what measures you will use (before and after construction) to minimize impacts to the waterway or wetland. Standard soil and erosion control measures will be used during construction. NOTE: If necessary, use additional sheets. 6. MISCELLANEOUS INFORMATION Adjoining Property Owners aid Their Addresses and Phone Numbers See attached list List all other approvals or certificates received, applied for, or denied that are related to this application. Issuing Agency Type of Approval Identification Number Dates of Application / Approval / Denial A. G. CROOK COMPANY FOR • • • • . 7. CITY /COUNTY PLANNING DEPARTMENT AFFIDAVIT (to be completed by local planning officials) This project is not regulated by the local comprehensive plan and zoning ordinance. This project has been reviewed and is consistent with the local comprehensive plan and zoning ordinance. This project has been reviewed and is NOT consistent with the local comprehensive plan and zoning ordinance. consistency of this project with the local planning ordinance cannot be determined until the following local approval(s) are obtained: _Conditional Use Permit ✓oevelopment Permit _Plan Amendment _Zone Change Other 5 6 - ( • ( )5, - r t o L,a,N - E r'/v777 An application _ has j has jc2Uiegn made for local approvals checked above. OV).84. `Pi .1N - 1 T 1C1 i 1 lit Signature (of local planning official) Title City /Co my Date 8. COASTAL ZONE CERTIFICATION If the proposed activity described in your permit application is within the Oregon coastal zone, the following certification is required before your application can be processed. A public notice will be issued with the certification statement which will be forwarded to the Oregon Department of Land Conservation and Development for its concurrence or objection. For additional information on the Oregon Coastal Zone Management Program, contact the department at 1175 Court Street NE, Salem, Oregon 97310 or call 503/373 -0050. CERTIFICATION STATEMENT I certify that, to the best of my knowledge and belief, the proposed activity in this application complies with the approved Oregon Coastal Zone Management Program and will be completed in a manner consistent with the program. Applicant Signature Date 9. SIGNATURE FOR JOINT APPLICATION (REQUIRED) Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I understand that the granting of other permits by local,county, state, or federal agencies does not release me from the requirement of obtaiiring the permits requested before commencing the projects. I understand that local permits may be required before the state removal -fill permit is issues. I understand that payment of the required state processing fee does not guarantee permit issuance. Applicant Signature Date I certify that I may act as the duly authorized agent of the applicant. 411 // ig Authorized Agent Signatur • Date A. G. CROOK COMPANY FOR • 111111ENTAL WETLAND IMPACT INFORD 11111 (FOR WETLAND FILLS ONLY) Site Conditions of Impact Area Impact area is _ Ocean _ Estuary _ River _ Lake _ Stream X Freshwater Wetland TOTE: Estuarian Resource Replacement is required by state law for projects involving intertidal or tidal marsh alterations. A separate Wetlands Resource Compensation Plan my be appended to the application. Has a wetland delineation been completed for this site? X Yes _ No If Yes, by whom; A. G. Crook Company 1800 NW 169th Place, Suite B•100 Beaverton, OR 97006 Describe the existing Physical and Biological character of the wetland/waterway site by area and type of resource (use separate sheets and photos, if necessary). See attached sheets Resource Replacement Mitigation Describe measures to be taken to replace unavoidably impacted wetland resources. See attached sheets Because this information is not necessary for a complete application, you may submit this sheet and other environmental information after submitting your application. A. G. CROOK COMPANY FOR • 1 4 S & P Properties • Wetland Delineation • North Dakota Street Page 6 11 .rte CONCLUSION After careful review of available reference material and an onsite evaluation of existing conditions on the property, the Company has concluded that the wetland shares a boundary with the 100 -year floodplain of Ash Creek, due to the sharp topographic break at this 1 location. The delineated area had evidence of wetland hydrology, hydric soils and hydrophytic vegetation. The NWI map indicates that wetlands exists in the same locations as were delineated. Soil survey maps confirm the presence of hydric soils. The wetland was flagged at the time of field investigations. Data points and the wetland boundary are identified on the aerial photograph (Figure 5). SUMMARY The A. G. Crook Company performed a wetland delineation in the floodplain of Ash Creek, south of SW North Dakota Street, which is proposed for a sewer line crossing. It was determined that wetlands are present within the floodplain of Ash Creek, closely following the line of a sharp topographic break. The Oregon Division of State Lands and the U. S. Army Corps of Engineers are the final authority regarding wetland delineations. This delineation is subject to their confirmation. 1 Report prepared by: Reviewed and approved by: 0 -L-4 Rita Mroczek Arthur G. Crook, P. H. Wetland Program Manager General Manager A. G. CROOK COMPANY • 1800 NW 169TH PLACE, SUITE B -100 • BEAVERTON, OR 97006 • • A. G. CROOK • COMP ANY Hydrology • Natural Resources - u. November 14, 1994 Mr. William Parks Oregon Division of State Lands 775 Summer Street NE - Salem, OR 97310 Dear Enclosed is a joint wetland permit application for the excavation of wetland (0.01 acre of impact) for the placement of a sewerline crossing. The project is a residential development • known as Dakota Street Village, located in Tigard, Washington County, Oregon. The wetland area impacted is 650 square feet. The trench will be refilled to the origm al elevation and all excess material will be hauled offsite; therefore we are not proposing Thanleyou for your kind attention. Should you have questions or comments, please do not hesitate to call me. Sincerely, / • Mroczek - • Aianager . .; 7 ' - • " " • ' _ Enclosure • • , cc: S & P Properties 1800 NW 169th Place, Suite B-100 • Beavenon OR 97006 • Phone (col Ary-, I , j1 T[ i Vi i- �' ..�c Fanny , e-iyp 71 -,`,- � — :,. .:� N-7. FIGURE 1.• LOCATION MAP v ' '•1 , •_ • Lam./ � ] `6 0 �� T- .. . ` t ,_ r' =I ' .. iii. - • •' , rj. ' ' " �•.r. �Ra.., m � OREGON � � I : I 1' _ •��" _1 �i adiey'.1 > ee 1 `^ •• t� t - � I ( Z '• ! r • • • q 1 n e t t •I.o� ► I c . - • 1 V • QUADRANGLE LOGT10N _ � , I mo . • ' q \ / — __ BEAVERTON, OREG. Robins , r = . o - == �? r /( �s 1 °� l t '.n'� 1 . 11� oI r • � NE BEAVERTON 15' nuADRANGLE.a l • '�: r, I ! � - - — ` � � `R � � _ , . — tom — • SCALE ` 24 00 �_,� \ : „ 1 35' . N. �, ..' . .__ °t Er--- 7 Netilte� .. , • i , r i _ Y' ' 1 Z. ' ��: L:! I �.' • p . . I _ 4 so, ▪ ' .,lip 70 i gin.. o :,; •-•-;;,.:._7°' ., H 4 ' ' � � � • eoo ��- \ �\ �,,_ �_ r.—n ./NE - • : �-` ;, - f ; !° �_• ✓/ A. 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I - -- �, , .4: I ` � JJ � / I, ', : . ., :'G -..:-'7-1..—. ,-;i:,: • % • r • '7 1 n L: % .� � � 1/ , lei ' ♦- : 1 .. v 1 /:, 9 / - l � I = • r !y - _1 • ,; �- .i '�. - /� . 1 X 11 \� ,��✓- +�•s'..� . . . :' ' i - ;:r7 o ..I.'r - ?'� ' _ ,, 41 p� • ' / r ✓ / `�J • �i� ` t .�: =AT;.0 ER-.-.•' !100 .• --r--...• 'I J - W �� / ; ._ , S • � o A Its • ..7---• f `w �/ J �� i . / , 4 / . — y . ,00 �" r /! i ce m p , '. l �� • ( -� � • : y' • 1 . • p-a - _ T '�' Nov, 1994 -T 7i' ::':•' 31. '7- / 4' • ;P \JJII ' I'_� '' 1 �. Sewerline Crossing Dakota Street Village � ■ g ;r: :i " ' , � (( -- Y • o I _ • t.� Ash Creek, rgard - . i 1 \ (• ' • er , •. ,_.• e �Prepered by A.G. Crook Co. for S & P Properties i • • • .... .................... ......................................... ............ ..... ........... ... . ......... 4 . .. Fr-ip. 9 cziTE: pt AN DAKOTA S I FIE. 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IS • * #,• � �� 1o F ?v i = '.if 1 .�: a - -...r �' . .. •.• . • 1 1 "I' • i. . . :;# I • ' � • �•� `�'l. - ar t �:l . • • 4 u r , 1 Y »}.. Fa ' - a ' �• ""°r ill - t'lii i :.c y `. - .. • - a' °- - • ' - h' f'.. t �•: P. ' ' ` '� t ¢. -r l� �� y ».1 - 7 a1 �-y� �' . >y _Y : ' ' '�- �_.`''s-`• fi � . � '1 -n3 r Z ' •c- z r• • •, . a 1 x. iii - : • ' ..t S ;. - 1 h 3y J ' ; : 1 4`' J }r .:f • -•: z . '• J --4:, � 4 ' E'j '#-'w . . • ,. ` f'1 y l .. �e /�'rY Y ''++ 't . t ~, ma e ' , , ; e: :, r 1 ,a ,. :; f•� 'Yt . ! _i. J • ,,„%,,,, r Z t .. 1� -_ i k -4 4 ;x7-':-• s •� f I '7C n • .A•.rm .;;;;:f • . .• , - , 4 :. s- ( i . � � FIGURE 5 • •. _ : 1 .. y.Y„ • . ' � a + t s ' • • • NORTH DAKOTA STREET �`7 " k .T r � ` r , � 1 • Y;,':':;441:"..:-.,-.1.1 ''. WETLAND DELINEATION r , I f ';.;,.:•.;, , ' - f • r•- 's•irr1'. ... , ` � � s i7% ��[ -> Property Boundary ( R ��i'�� lA :14 : ° .. k!"=' 4 � ,Ti� - 4:,,, i. Weticntl Boundary s . {. > Fy f � ' �� 1 i.i 'r e. s !� y ; ., ® O Data Pont w f- . ` • r ` di w s7. 7 t . rr + , S 4-... , 1. . , • ,� .: N Scale 1 inch = 100 feet (ao�oz.) r t , ; '3 1/ L.-as. r. i . '� 1 , . I , � 1%-•.:': ` ' / � ✓ • - • r *i I - A. Cveo@ ©0..2.n, Oar $ Q ?ve�erale. o./aa ' 4 � • .,. r ♦ r i d s ,- .—. f * r. * —� ?1 '+' ti +➢Y :'s � , - a: 1 5J• J .' ..N — • • NATIONWIDE PERMIT CONDITIONS GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by a nationwide permit (NWP) to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and siltation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic life movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. 5. Equipment. Heavy equipment working in wetlands must be placed on mats or other measures must be taken to minimize soil. disturbance. 6. Regional and case -by -case conditions. The activity must comply with any regional conditions which may have been added by the division engineer and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 8. Tribal rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water quality certification. In certain states, an individual state water quality certification must be obtained or waived (see 33 CFR 330.4(c)). 10. Coastal zone management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. (see Section 330.4(d)). 11. Endangered Species. No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which is likely to destroy or adversely modify the critical habitat of such species. Non - federal permittees shall notify the district engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall not begin work on the activity until notified by the district engineer that . the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species and their critical habitat can be obtained from the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). - Enclosure 2 • • 12. Historic properties. No activity which may affect Historic properties listed, or • eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office (SHPO) and the National Register of Historic Places. SPECIAL CONDITIONS: In addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: • 1. Water supply intakes. No discharge of dredged or fill material may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or fill material may occur in areas of production, unless the discharge is directly related to a shellfish harvesting activity. authorized by nationwide permit 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris, car bodies, etc.) and material discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 4. Mitigation. Discharges of dredged or fill material into waters of the United States must be minimized or avoided to the maximum extent practicable at the project site (i.e. on- site), unless the DE has approved a compensation mitigation plan for the specific regulated activity. 5. Spawning areas. Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable. 6. Obstruction of high flows. To the maximum extent practicable, discharges must not permanently restrict or impede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. 8. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 9. Removal of temporary fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 2 -00 • JUN 2 01995 A „,, 409 , 0 4 CITY OF TIGARD OREGO June 16, 1995 Mark Dane Staff Planner Alpha Engineering, Inc. 9600 SW Oak Street, Suite 230 Portland, OR 97223 RE:• Notice of Incomplete Submittal Dear Mr. Dane: This letter is a follow -up to our earlier telephone conversation. The planning division has conducted a preliminary review of Subdivision (SUB) 95 -0003, an application for a (6) six -lot subdivision and have found that certain application materials were not provided with the submittal. The planning division is unable to continue processing the application pending submission of the following items and plan notes: 1.) Title Transfer Instrument/Deed 2.) Wetlands Delineation Map If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea Assistant Planner h:Vogin\patry\sub95 -03.1et 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 04/26/95 15:42 STEWART TITLE 172. ' FOAM No. 14U- 0 E'ED- -F9NONAL ENTAINI too ) COMMIT SS STIVEN1141 U1.AW 1.11 11 CO.. ►ORtIANO. OR 07204 f r ' `::iRSONAL REPRESENTATIVE'S DEED 7711S INDEN7VRE Made this day of >!ililt h,, 1995, by and between GLORIA M. LEWIS, the duly appointed, qualified, and acting personal representative of the estate of Kenneth E. Lewis, deceased, hereinafter called the first party, and S&P PROPERTIES, an Oregon general partnership; WITNESSETH:• For value received and the consideration hereinafter stated, the receipt whereof hereby is acknowledged, the first party has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, and convey unto the second party and second parry's heirs, successors -in- interest, and assigns all the estate, right, and interest of the deceased at the time of decedent's death, and all the right, title, and interest that the estate of the deceased by operation of the law or otherwise may have thereafter acquired in that certain real property situated in the County of Washington, State of Oregon, described as follows, to-wit: A parcel eland located in the West one -half of Section 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Southeast corner of ASH CREEK PARS CONDOMINIUMS being referenced by a 2 inch diameter iron pipe set as the initial point of said Condominium Plat; thence along the Bast line of said Plat North 00° 20' 17" West 101.83 feet to the Southwest corner 0/ the trail of land described in Greenway Dedication recorded September 15, 1980, as Fee No. 80032278; thence leaving said East line and along the South line of said Greenway Dedication tract North 70 43 " East 82.68 feet; thence continuing along said South line, North 75° 07' 43 " East 67.50 feet; thence continuing along said South line, North 56° 08' 43" East 49.70 feet; thence continuing along said South lbe, North 63' 43' 43" East 17.20 feet to the Southeast corner of said Greenway Dedication tract and a point on the Bast line of Parcel II of the property described in Deed to Kenneth E. Lewis recorded May 4, 1982, as Fee No. 82011168; thence South 00 17" East along the East line of said Parcel u, 59.10 feet to the Southeast corner thereof and a point on the South line of the abandoned Oregon Electric Railroad right- of-way (50 foot wide); thence along the South line of said Parcel II and the abandoned right -of -way line South 32° 10' 03" West 252.38 feet to the Southwest corner of said Parcel II and the Northwest corner of the property described in Deed to Windsor Properties, Zed., an Oregon limited partnership, recorded September 21, 1994, as Fee No. 94085724; thence along the West line of said Parcel 11 North 00° 17' 19" West 31.51 feet to the point of beginning. • TO HAVE AND TO HOLD the same unto the second party, and second party's heirs, successors -in- interest and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $0. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF, the first parry has executed this instrument; 4f frst party is a corporation, it has caused its name to be signed and its seal, if any, affixed by an of or other person duly authorized to do so by order of its board of directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING / ? / • THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR Gloria M. Lewis, Personal Representative COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR of t Estate of Kenneth E. Lewis, Deceased. FOREST PRACTICES AS DEFINED IN ORS 30.530. ,' / • STATE OF OREGON, County of �/ ) ss. This instrument was acknowledged befo on ( 1 1 / 19_7_1_ . • by Gloria M. Lewis. r eco1-clf ' ' N p 1"1'1 ) s\ .@ n '.j1.1 - yyti A N Public for Oregon FEE• N\ 0. `So a S 1 / Q !:? OFFICIALNAL NOTARY PUBLIC - OREGON l COMMISSION NO.01114$ 1 MY COMMISSION EXPIRES MAY 11, 11S8 2 1... www......wn•••• WP I. saw ow,. imp/ IVIIV I ..., , .....e% . - • !:_-,:-,:-..,_--...--.--•:,--1,-7,:".■-"\-7,-..,-,--,-",ZN-,:_,C,',S.,...."6 2 • PERSONAL REPRESENTATIVE'S DEED . STATE OF OREGON, Gloritidankilanindin1121garc____ I as. 'S & Pp ids1 ga_anOrAgonmeraj_1346117"1“..._ County of 1 certify that the within instnanent was received for record on the _____ of ORANTIWO ADM" IP , .19 , at After mere:Ina Muss to: M., and recorded in book/ SPACE RESERVED reel/volume No. on page and/or as fee/file/instrument/ MONIER'S U$E microfilm/reception No. Record of Deeds of said County. NAIM, A00111141, V? Witness my hand and seal of County Until • °Moe le requested, ell hut statement. ow be sent to the followbig tames affixed. 11....L.Propatties....._..............._.......____ .. 2.0.. BQX Q.47 .._ .._....______ NAME TITLE Hillsboyo , PR, ez,124. .....,............. ....... ...._..............._,.............”............ ...... .._.................____ By ,Deputy • - • 04/26/95 15:42 STEWART TITLE 41 bl a • Stewart Title Company 9020 SW Washington Square Road. #170, Tigard, Oregon 97223 FAX Date: au - cs Number of pages including cover sheet: a To: From: • rn 1 p Mylissa Boyd Escrow Assistant Phone: Phone: 503/671 -0540 Fax phone: LI CO O Li 3 Fax phone: 503/671 -0545 CC: REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment co o4 1/4) P 1 .\ �s� L t)/ 12.t.c 6v3W`^ 44 1 1 1 1 APPLICATION FOR 1 SITE DEVELOPMENT REVIEW PLANNED DEVELOPMENT SUBDIVISION 1 & VARIANCE TO No. OF UNITS 1 PERMITTED ON A CUL-DE -SAC & THE LENGTH OF SAID CUL-DE -SAC For a 6 -unit single family attached subdivision DAKOTA VILLAGE II 1 1 1 1 1 1 1 AEI#344 -002 1 Submitted May 31, 1995 11I I A , � t.k CITY OF TIGARD, OREGON PLANNED DEVELOPMENT APPLICATION 11 CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY II G a 8 05"- /pDR.as- CASE NO.U0Q4S"- {607AJ OM01 6 OTHER CASE NO'S: II RECEIPT NO . q5 /q4 APPLICATION ACCEPTED BY: 1 DATE: /e/0/ /9.S 1. GENERAL INFORMATION Application elements submitted: li PROPERTY ADDRESS /LOCATION ° I - j'1 5 �VQ N. L KCCCA (A) Application form (1) II k\IC • E AST C - 6r 2-E, 2C;aD (B) Owner's signature /written it TAX MAP AND TAX LOT NO. - 1.----- 2i uthorization -1 1 \ 1 S -\ (C) Title transfer instrument (1) SITE SIZE C`• `G2 cL (D) Assessor's map (1) I PROPERTY OWNER /DEED HOLDER* 9 \� .r't (E) Plot plan (pre -app checklist) ADDRESS PHONE (F) Applicant's statement li CITY ZIP (pre -app checklist) APPLICANT* \11� p N ,.- D \t�\G- • (G) List of property owners and ADDRESS C. X E�-� PHONE (Q - 0 - /.76 addresses within 250 feet (1) PP CITY A` \1A.�•L` ZIP cg.. ail 17..4- (H) Filing fee 73 g fe ($ 0) 11 *When the owner and the applicant are different )people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DETERMINED TO BE COMPLETE: from the owner or an agent of. the owner with written '11 authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN /ZONE DESIGNATION: 112. PROPOSAL SUMMARY The owners of record of the subject property request permission to create a Planned N.P.O. Number: I Development consisting of Ci A'n:'--- Conceptual Plan Approval Date: e` j 1 . `; t t i , ) ■k Ei-0f nGNT II , -, l `'� : f�� =fit t�-ic ►= - ". \ °1r' - Detailed Plan Approval Date: 1 C 1 :;I - 7Z Imo-'. L ti- ,e1-^ \V Planning L- L t_ c. T -="r:- , ,L • Engineering 11 0526P/13P R ov' d : 3 /RR 1 I/ 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: 11 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. S. THE APPLICANT(S),SHALL CERTIFY THAT: I/ A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. - C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this I \ day of \ ` `ATr y 1 19 °l5 SIGNATURES of each owner (eg. husband and wife) of \ the subject property. r i 1 1 (KSL:pm /0737P) 1 1 1 1 GENERAL INFORMATION: A development approval request for Site Development Review and Planned Development approval to allow the construction of a 6 -lot subdivision as a Planned Unit Development. Background Information: The proposed development is located on an infill site, and is one of the last residential sites to remain undeveloped in the immediate vicinity. The application is being submitted by Windsor Properties Inc. It is believed at this time that the applicant will also construct the duplexes being approved through this preliminary process. This project is the second phase of Dakota Village. The first phase consisted of 22 attached units (11 duplexes) and a single family detached residence. Vicinity Information: 1 I The addition of a single family residential development would be an encouraging development in a residential area that is predominantly developed with rental units. The proposed subdivision would offer some form of stability to the local population. The second phase of Dakota Village will reflect the same designs as were approved in the first phase of the project. The rental complexes to the east, west, and south would appear to have been constructed in the seventies. To the north lies a vacant parcel of land that is owned by the City of Tigard and includes the Ash Creek Flood Plain. SW North Dakota Street runs east /west, and is fully improved. SW North Dakota 'T's into SW Greenburg Road some 400 -feet from the southwest corner of the site. A 24 -foot private street from Dakota Village stubs to the southern property line of the proposed development and would be extended in a similar manner with this development. Dakota Street Village Page 2 1, 1 Site Information: The site contains 0.83 acres and is a 190 -foot wide +/- quadrangle whose easterly line is some 230 -feet deep and is 180 -feet deep along the west line. The site slopes gently to the north, falling at about 3% across the southern portion of the property, descending sharply as the old rail- road embankment falls away to the wetlands and eventually the flood plain. There are numerous trees m the northern portion of the site to be retained as open space. Some scrub /shrub trees lie over the southwest portion of the site, and will be removed to permit construction of the attached housing. 1 Proposal Description: The applicants propose to construct 6- single family attached residences (3- duplex units) a The nature of the site, it's location, the open space proposal and the underlying density all lead to the use of submitting this application as a Planned Unit Development. This will permit the applicant to design more compact lots, create a public open space, and use a private street that reflects the current development of Dakota Village. The applicant intends to begin site construction in the fall with unit construction in the spring of 1996 II: PROCEDURES FOR DECISION MAKING r 18.32: OUASI - JUDICIAL DECISION MAKING The applicant is submitting a proposal in complete compliance with the relevant code and Comprehensive Plan requirements. Included in the application is all the information requested on the application form, along with a narrative addressing the appropriate criteria m sufficient detail for review and action; the required fees; a list of all persons who are surrounding the property as well as other affected parties. The Planned Unit Development is consistent with the underlying zoning requirements and all relevant City ordinances and standards. Dakota Street Village Page 3 1 The applicant requests that all proceedings be complied into a single action in accordance with section 18.32.100. 1 III: ZONING DISTRICT CLASSIFICATIONS '. & REQUIREMENTS 1 18.54:R -12 MULTI FAMILY RESIDENTIAL The purpose of the R -12 Land Use designation is in part to establish sites for single family attached residential developments. The proposed use is permitted outright under section 18.54.030 18.54.050:DIMENSIONAL REQUIREMENTS The proposed development site will comply with the dimensional requirements as laid out in section 18.62.050, specifically: Setbacks Other Requirements Front Yard 15 feet Min. Lot Size 3050 sf* Side Yard 5 feet Min. Lot Width None Street Side 10 feet Max. Building Height 35 feet Rear Yard 15 feet Max. Width/Depth 2.5/1 Garage 20 feet * While each lot will not meet the minimum lot size requirements, the overall density will be consistent with the r number of units proposed, and is permitted if developed as a Planned Unit Development (see section 18.92). There are numerous additional requirements related to the proposed development listed under section 18.52.060 which 1 will be detailed in the following narrative. 1 Dakota Street Village Page 4 1 IV: OVERLAY DISTRICTS 1 18.80: PLANNED DEVELOPMENT DISTRICT The proposed development site has been designated with a P g Planned Development Overlay District. The intent being that the applicant is providing the means for creating a planned environment through the application of flexible standards which result in a superior residential development. To enable the efficient use of land and to strongly promote an economic arrangement of land use, special provisions are made for buildings, circulation systems, open space and utilities that maximize the site's development potential. The overlay also permits the applicant to create a development that recognizes the relationship between homes, the use of open space access - ways, and thereby maximize the opportunity for innovative and diversified living environment. The applicants intent of providing home ownership on this site is most suited through the use of duplex units. A P.U.D. allows the applicant to create a streetscape that is in scale with the smaller lots. The ability to create a denser layout has also enabled the applicant to create a �r public open space adjacent to the Ash Creek Flood Plain. where previously no access was possible. 18.84: SENSITIVE LANDS OVERLAY DISTRICT Ash Creek and its associated flood plain lie adjacent to the northern boundary of the site. In fact the northern property line is defined by the delineated floodway elevation at 61- feet. While no portion of the flood plain lies within the property boundaries, the northern portion of the site includes a wetland area. This has been delineated by AG 1 Crook who's report is attached to this application. The applicant will not be altering or impacting either the flood- plain, wetland nor encroaching on the 25 -foot buffer with the development of this site. Section 18.84.015C states, "Land form alterations or development within wetland areas that meet the Dakota Street Village Page 5 1 S 'urisdictional requirements and permit criteria of the US rmy Corps of Engineers, Division of State Lands, Unified 1 ewerage Agency, and /or other federal, state or regional gencies do not require a sensitive lands permit. All other a pplicable City requirements must be satisfied, including ensitive land permits for areas meeting non - wetland ensitive land criteria." 1 e applicant was required to access a Sanitary Trunk Line in the Ash Creek Flood Plain with the first phase of Dakota illage. The applicant ensured minimal disturbance to the . rea affected by the sanitary line, and did not create a net eduction in the flood plain. Any impacts created by the . pplicant are being mitigated as directed by the nvironmental consultant. DSL provided the applicant with . permit to connect to the existing sanitary trunk -line in the • sh Creek Flood Plain. • 1pha Engineering, will assure the proposed water quality . nd detention facilities along with the associated utilities ill meet compliance with said agencies. 18.88: SOLAR ACCESS hile all subdivisions and minor partitions are subject to solar access standards requiring 80 % of the proposed lots should meet solar accessibility requirements, there are xemptions from the basic 80 % standard, or adjustments to at amount that may be permitted under site specific and Y P P nusual circumstances. 111' he ro osed development site is a classic infill project. P P P P J he nature and slope of the site dictates a north -south street. he underlying zoning reflects a density that is not in ommon usage with a subdivision development. Therefore, he applicant requests that the proposed P.U.D. be exempt rom the 80% solar requirement. Should the applicant attempt to comply with the 80% l equirement through the use of, for example, the protected �. solar building line option, the resulting loss in density and Dakota Street Village Page 6 1 1 therefore cost per lots would increase by more than 5 %. Therefore the applicant believes that having met the criteria established under section 18.88.040 El a that the adjustment be granted. 1 V: SUPPLEMENTAL PROVISIONS The newly passed Transportation Planning Rule (TPR) (ORS 660 -12) has charged that all municipalities revise their code to meet the TPR, and that in the event that said revision not be made that any new development be required to comply with said Statute. The City of Tigard has enacted such changes in its code. 1 Many of the relevant portions of the code that have had a direct affect on this application have only recently come into effect. Substantial changes to the code are to be found in Transportation Chapter of the Comprehensive Plan, Chapter 18.106 (Parking & Loading), Chapter 18.108 (Access, Egress & Circulation), Chapter 18.164 (Street & 1 Utility Improvement Standards). 18.90: ENVIRONMENTAL PERFORMANCE STNDS. The applicant understands that compliance with state, federal, and local environmental regulations is the continuing obligation of the property owner, and will abide by the applicable standards. 18.92: DENSITY COMPUTATIONS Gross Site Area equals 0.83 acres. Net site area minus land provided for private streets and slopes exceeding 25 % equals 0.56 acres. 24,450- square -feet divided by 3,050 SF permits up to 8 units to be constructed. The applicant is proposing to develop 6 -units and therefore is in compliance with the underlying R -12 density requirements. 1 1 Dakota Street Village Page 7 1 1 18.100: LANDSCAPING & SCREENING Street trees will be planted along the length of the internal private street in a public easement over the front of the proposed lots, as required under section 18.100 :030, and 1 detailed in section 18.100.035. No buffering or screening is required between the proposed residential development and the surrounding multi - family land uses. It should be noted however that a large area of open space exists to the north of the site. This area contains over 50% of the site area and will be dedicated to the City of Tigard in the hope that Tract 'B' and the existing open area in the flood plain will be included in the City's Parks program. 18.102: VISUAL CLEARANCE AREAS Any future landscaping will be consistent with y p g this section, ensuring the preservation of vision clearance triangles at i the internal private street junctions. 18.106: OFF- STREET PARKING Vehicle Parking: Parking will be permitted east side of the proposed private street. Under Section 18.106.030 Al. The applicant will provide at least 2 off - street parking spaces for each dwelling. 18.108: ACCESS /EGRESS & CIRCULATION Vehicular Access: All proposed lots have direct access to the proposed private street which in turn accesses SW North Dakota Street as required under section 18.108.040. No flag lots are proposed. Section 18.108.070A permits a pavement width of 24 -feet for single family attached dwelling units on individual lots if built as a PUD. Pedestrian Access: The proposed development will be extremely accessible to pedestrians with sidewalks along the east and north side of the proposed private street, and direct access to the public open space tract which will be conveyed to the City of Tigard from adjacent apartment developments. Dakota Street Village Page 8 1 1 ' 18.114: SIGNS The applicant shall ensure that any signs related to the name of the proposed development shall comply with the relevant standards of this chapter as they are applicable. VII: DEVELOPMENT & ADMINISTRATION 18.134: VARIANCE 18.134.050/1: The requested variance will not be in conflict with the applicable policies of the comprehensive plan. The development of this property will permit the applicant to dedicate substantial open space to the public, permit a point of access to the greenway currently held by the city, and provide access to said greenway for adjacent parcels to the east, west, and south. 18.134.050/2: There are extremely special circumstances that exist which are peculiar to the site to be developed. It 1 is bounded to the east, and west by multi - family developments. To the north lies a flood - plain. The only mean of feasibility accessing the parcel is from the south. 18.134.050/3: The proposed use will be the same as permitted under this title and the applicable standards used to attain approval for phase I will be reflected in this second phase. 18.134.050/4: The existing greenway, will now be accessible with this development, and the proposed open space area, significantly enhanced. 18.134.050/5: This hardship is not self-imposed. Alternative access to this property is possible and permitted but not feasible through the greenway flood - plain. The rear portion of the development site was not owned by the developers of Dakota Village at the time of preliminary approval. Death of the previous owner and a need to access the sanitary trunk line, lead to the purchase of the site. 18.144: ACCESSORY STRUCTURES The location of mailboxes, and a lighting plan will be submitted with the Final Construction plans and upon further discussions with the City. Dakota Street Village Page 9 1 1 18.150: TREE REMOVAL Should any tree removal be required, the applicant will either seek the necessary permits when removing on -site trees, or inform the City of its proposed actions as previously stated under 18.84. VI: LAND DIVISION & DEVELOPMENT STANDARDS 18.160: SUBDIVISION The applicant will be subdividing the site into 6 lots. However, the proposed subdivision is being submitted in -� compliance with Section 18.80 (PUDs), and therefore is subject to the same restrictions, and conditions as set forth under this section of the Code. Therefore this section is not applicable. 18.164: STREET & UTILITY IMPROVEMENT STANDARDS Streets: No new public street development will occur with this application. The proposed extension of Tract 'A' will create a total street length of 475 -feet. Section 164.030K States that "A Cul -de -Sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units ". The applicant is requesting that a 20 % variance be granted to allow the existing street to be extended by 75 -feet and to permit 24 units to located on this Cul -de -Sac. See section 18.134. 1 The proposed layout will ensure pedestrian and bicycle access to adjacent development to the east and west. These proposed connections are identified on the Circulation plan and permit the proposed development to comply with section 18.164.040 ( breaks in block length for pedestrian & bicycle access). The proximity of the adjacent developments and fire access ensures that safety is not an issue to the additional length of the Cul -de -sac, nor the additional units proposed. Sanitary Sewer: Sanitary sewer service is currently rY Y available from an existing 30" trunk line in the Ash Creek 1 Flood Plain. The applicant will connect to the existing 8" Dakota Street Village Page 10 1 1 line, constructed with the first e hase of Dakota Village g at runs along the center of the north -south private street 1 o the trunk -line in Ash Creek. urface Water Run - off: Storm water run -off created by e new development will be collected in a public drainage system and directed to the existing public on -site storm ater quality facility (which will be enlarged to . ccommodate the additional units) and then to the flood Is lain. e proposed storm facilities are being constructed in ompliance with Resolution 91 -47 whereby, the Unified Sewerage Agency and the City of Tigard have agreed to nforce Surface Water Management regulations requiring he construction of said facilities. omestic Water & Fireflow: • dequate domestic water and fire flow is provided to the site from 8" line in SW North Dakota Street. The fire 1 ydrant will be located within 500 -feet of the existing 1 ydrant on the south right -of -way of SW North Dakota Street opposite the proposed development. SUMMARY he proposed Planned Unit Development complies with all . pplicable elements of the Community Plan, and b evelopment Code. It is compatible with the established I eighborhood character within the City boundaries. • dequate public facilities and services exist to serve the evelopment and all improvements will be constructed to • ity standards. 1 1 1 Dakota Street Village Page 11 1 TABLE OF CONTENTS 1 1 General Information Page 2 Procedures Page 3 Zoning District Classifications Page 4 Overlay Districts Page 5 Supplemental Provisions Page 7 1 Development & Administration Page 9 Land Division & Standards Page 10 1 1 1 1 1 1 1 Dakota Street Village 1 1 May 16, 1995 1 1 1 RE: Dakota Village II Dear Interested Party: Windsor Properties represented by Alpha Engineering Inc. is proposing to develop the 0.83 acre parcel adjacent to the northern boundary of Dakota Village (north of SW Dakota Street) 1 between the Autumn Oaks Apartment complex to the west, and the Tamaryn complex to the east. 1 The proposed development will consist of 6 single family attached residences (3 duplex units) to be constructed as a Planned Unit Development. Prior to applying to the City of Tigard for the preliminary approval, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend the following meeting: When: Wednesday, June 7, 1995 y, , Where: Tigard City Hall Town Hall Conference Room Time: 6:30 pm 1 Please note, this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. 1 I look forward to more specifically discussing the proposal with you. Please call me at 452 -8003 if you have any questions. Sincerely, ALPHA ENGINEERING INC. Mark Dane Staff Planner i:\344- 002 \wp \notice.md 1 1 1 Name of applicant W10 P / Ne- Subject Property. Tax Map and Lot # 0 ��5 1 �J16 E3D 'CL IVO Address or General Location 117 5 G, 1 weye �U d ess on 'CN L�cKO � V t✓ E AFFIDAVIT OF POSTING NOTICE 1, V CJC f , do affirm that I am (represent) the party initiating interest In a proposed tkt P6/6.-01°/%16 affecting the land located at 4. 1" - r 7 6 1" *I CA-1601A A . and did on the i6 day of d , 19't 5 personalty post notice indicating that 1 the site may be proposed for a wv, s 1 v (4 5v13PWISie0application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at 1-1 S .r RDt -t i cc- ¶Y1 c- 5 H� bt - �"1O s ►^� t•- 9 � DPoKO?A foi i_ (state location on property) 1 This 4.11ti day of`t 19 1 5 /Atdd Signature Subscribed and swom to, affirmed, before me this ! l day of c`• 19 1 ;• . OFFICIAL SEAL Notary Public for the State of Oregon K. CIAF;E EhHLERS �±� ^ ;IOTA- . My Commission Expires: ON '. ;7N ,NO. 007240 "0. .x n'rS J! IP: 04. 1995 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 1 login\jo\postnotcit 1 1 1 1 1 1 AFFIDAVIT OF MAILING 1 STATE OF OREGON ) CITY OF TIGARD ) SS ) 1, fik& , being duly sworn, depose and say hat on Vl lb Y �� 1 ,191s , I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at 1 154.1 PAcetifA A i VA , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at ` 1 ic Z. , with postage prepaid thereon. ‘A. 41011. • Sig r ure Subscribed and sworn to before me this /i *k day of V -1/1/1 J , 19 4 (`l . U.4 r thh OFFiGiAL SEAL Notary Public K. f.IANE EHL+:RS My Commission Expires: - — NOTARY PUni.!C - OREGON COMMISSIC: r :�• ��: 1 h: \login \jo \affmail.ck 1 1 • Dennis & Phyllis Pearson Kenneth Lewis 16119 S Clackamas River Jack Haring Q780 SW Shady Ln Dr 2414 Broadway St #8 Mil ortland, OR 97223 Oregon City, OR 97045 Vancouver, WA 98663 II G V Potter G Miller II Robert Schaefer John Bagan Jr. Kay Livingston 11600 SW Barnes Rd 10910 SW Greenburg Rd 10970 SW North Dakota St Portland, OR 97225 Tigard, OR 97223 Tigard, OR 97223 1 Donald Carolyn Forbes II Pauline Junge George Dorr & Anna Dorr Donald Burdick 504 Laksonen Loop 9925 SW 77th Ave 434 Ridgeway Rd Springfield, OR 97478 Portland, OR 97223 Lake Oswego, OR 97034 II Marianne Joy Sandwick Harley & Carol Smith Jr. Ryan Formerly Anna Carlson II 14500 SW Mcfarland Blvd 3750 NW Quince Ave 11115 SW 95th Ave Tigard, OR 97224 Redmond, OR 97756 Tigard, OR 97223 II Mark & Patricia Woolsey • Ralph & Carole Olson Lillian Moore 11085 SW 95th Ave 16640 SW 147th Ave 11055 SW 95th Ave I/ Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 II Kenneth & Ruth Huntley William Sims Janice Main 11025 SW 95th Ave 10995 SW 95th Ave 10965 SW 95th Ave mi Portland, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Terry Gillingham Travers Albrecht II Jones Richard C -01927 A Sharon L Maxine 9645 SW North Dakota St 9605 SW North Dakota St 9635 SW North Dakota St Tigard, OR 97223 Tigard, OR 97223 - Tigard, OR 97223 1 Tamaryn Associates Aaron Langfus R Barry Menashe I 520 Broadway St #260 PO Box 02092 6426 SW Beav -Hills Hwy Santa Monica, CA 90401 Portland, OR 97202 Portland, OR 97221 i Barry Raber Los Arcos Associates James Tabb II 13050 SW Howard Dr PO Box 389 11400 SW Greenburg Rd Tigard, OR 97223 Palo Alto, CA 94302 Tigard, OR 97223 II Norman K F & Ann Wong Alice Furber Daniel Lucas Jr. 2433 NE llth Ave 7510 SW 101st Ave 2011 Alona St II Portland, OR 97212 Beaverton, OR 97005 Santa Ana, CA 92706 1 ' II Roger Jauch Brent Jauch Sondra Carroll Michelle Johansen 1.0648 SW 41st Ave 11330 SW 97th Ct 9640 SW North Dakota St Drtland, OR 97219 Tigard, OR 97223 Tigard, OR 97223 II Diane Kociemba Heather Park Developemen Mary Canda PO Box 231021 233 SE 2nd Ave 10865 SW 95th Ave Tigard, OR 97281 Hillsboro, OR 97123 Tigard, OR 97223 1 Tigard City Of II PO Box 23397 Tigard, OR 97281 1 11 It 1 1 1 1 11 • 1 1 1 1 II Mary Swintek Mark F. 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Moo IN olc • rmsAio a sYd I: \344- 002 \ACAD \DV2BASE Wed May 31 10: 38: 30 1995 DRF _ I '' \ 1 ,` \ \ ` \ _ \ \ -..1 I - - • f I - , \ \ 5-L.- r a ' \ \ \ \ \\ I), \ / I1 1 \ i f ....:.,;: + „cut. ..,a._ 1 L____ kr • Mil ..,,_,.. ....;:svm7;-,.. • . .. at tili-lrigell.P1' , _ I \___ I iffrimu .,-;„.„ . !. i I t6 X`: • \ . 1 �' � III I. 1- 1 . \\ \ \\ i \ / \ i \\ ' \ \ I 11 3: , -- l f ,____ ,� r i 1 .• •..• 1 � $ 1 H 2 1 • 1 1 g A 1 $ ^^ / � `-, `, n n `, f DE9dED OY_ffi DALE Fr 1 DRANK BY P ! ZEIM_ i�Y _ ___ 0 I ....1211 omri. : al NENEMED BY-tQ DATT.-elt- i i 0 TAX MAP IS SSCA PROJECT M0. *Wan _ m 4 A PORT ON or TAIL Lore 400 1 aoo scuE r note o -- VIII 1100-101-1021100-101-1021 w -1021 • rRI .a.-w- 00 LL4IENMGTON warm, OREGON ov c OBIT PIM Ms • KM • woo me • rCIRORR l.n Mau. 1 I: \344- 002 \ACAD \DV2BASE Wed May 31 10: 26: 26 1995 DRF 1 1 1 WETLAND DELINEATION 1 NORTH DAKOTA STREET �t TIGARD, OR 1 Prepared for: S & P Properties PO Box 647 Hillsboro, OR 97124 1 Prepared by: A.G. Crook Company 1800 NW 169th Place Suite B -100 Beaverton, OR 97006 (503)690 -9658 September 20. 1994 1 1 TABLE OF CONTENTS EXECUTIVE SUMMARY 1 SITE DESCRIPTION 1 METHODS AND MATERIALS 1 RESULTS 4 CONCLUSION 5 ' SUMMARY 6 FIGURES Figure 1. Site Location - USGS Beaverton, OR Quadrangle 1 Figure 2. Washington County Soils Survey Map ' Figure 3. Soils Guide for Washington County Figure 4. National Wetlands Inventory Map - Beaverton, OR ' Quadrangle Figure 5. Aerial Photograph of Delineation Site APPENDIX Site Physiography Field e d Data Sheets 111 1 S & P Properties • Wetland Delineation • North Dakota Street Page 1 1 EXECUTIVE SUMMARY The A.G. Crook Company (Company) was contracted by S & P Properties to delineate wetlands near a property on SW North Dakota Street in Tigard, Washington County, ' Oregon. A residential development is proposed for the site, necessitating the crossing of the offsite floodplain of Ash Creek by a sewer line. A wetland delineation was necessary to meet the jurisdictional requirements of the Oregon Division of State Lands and the U.S. Army Corps of Engineers. Field studies were completed on September 16, 1994. ' The results of the study, based on an investigation of vegetation, hydrology, and soils, show that wetlands exist within the floodplain of Ash Creek. SITE DESCRIPTION The rectangular- shaped 10 -acre parcel of land to be developed is located on SW North Dakota Street near Greenburg Road in Tigard, Oregon. The property is bounded on the west 1 by Ash Creek Apartments and on the north by Ash Creek and its floodplain. The legal description locates it at T 1S, R 1W, Section 35 (Figure 1). The floodplain is outside the boundary of this property, but a sewer line connection must cross it in order to reach the ' proposed construction. The purpose of this report is to delineate the wetland that needs to be crossed for the sewer line. METHODS AND MATERIALS Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. ' This type of vegetation, known as hydrophytic vegetation, is one of the diagnostic A. G. CROOK COMPANY • 1800 NW 169TH PLACE, SUITE B -100 • BEAVERTON, OR 97006 a 11 S & P Properties • Wetland Delineation • North Dakota Street Page 2 environmental characteristics indicative of a wetland. A second diagnostic characteristic is ' the presence of hydric soils. Generally, hydric soils are those soils that have developed an. A ' third under diagnostic anaerobic characteristic conditions due is wetland to saturation hydrology inundation defined by as surface the permanent or ground or periodic water inundation or saturation of the soil to the surface. Hydrophytic vegetation, hydric soils, and ' wetland hydrology are the three criteria that must be satisfied when making a wetland determination. Prior to engaging in field work, Company staff consulted U.S. Geologic Survey topographic maps, National Wetland Inventory (NWI) maps, and Soil Survey maps to identify features ' that would indicate wetland areas on the site. ' The A.G. Crook Company conducts field investigations in compliance with the Corps of Engineers Wetland Delineation Manual, January 1987, which outlines criteria and procedures adopted by the U.S. Army Corps of Engineers. These criteria and procedures can be used to identify jurisdictional wetlands subject to Section 404 of the Clean Water Act as well as to ' identify vegetated wetlands for other purposes. Vegetation is classified according to The National List of Plant Species That Occur in Wetlands: Northwest (Region 9), U.S. Fish and Wildlife Service Biological Report 88, May 1988 and supplement dated December 1993. Field work was completed on September 16, 1994 by Rita Mroczek, Wetland Specialist. The Onsite Determination Method was used for this delineation. Soils were inspected for evidence of hydric soil indicators. Soil moisture content, matrix color, and presence of mottles and /or gleying were recorded. Soil hue, value, and chroma were determined using the Munsell Soil Color Chart. The soil survey of Washington County, Oregon, 1982 (Figure ' 2) maps Aloha silt loam and Cove silty clay loam soils on the site. Cove silty clay loam is recognized as hydric. A soils guide is contained in Figure 3. Soils were examined and described at four data points to verify the published mapping. A. G. CROOK COMPANY • 1800 NW 169TH PLACE SUITE • B-100 • BEAVERTON, OR 97006 a 11 S & P Properties • Wetland Delineation • North Dakota Street Page 3 Dominant plant strata within a 15 foot radius of each data point (soil pit) were identified and percent cover of species within strata was visually estimated. Each species was classified according to moisture tolerance and placed in one of the indicator categories defined below. 1 1 INDICATOR CATEGORIES Category Definition Obligate Wetland: Plants that almost always occur in wetlands (OBL) under natural conditions (estimated probability > 99 %). ' Facultative Wetland: Plants that usually occur in wetlands but are (FACW) occasionally found in nonwetland areas (estimated probability 67 - 99 %). Facultative: Plants that are equally likely to occur in wetlands ' (FAC) or nonwetlands (estimated probability 34 -67 %). Facultative Upland: Plants that usually occur in nonwetlands (FACU) (estimated probability 67 -99 %). Upland: Plant species that almost always occur in (UPL) nonwetlands under normal conditions (estimated probability > 99%). 1 [From: National List of Plant Species That Occur in Wetlands: Oregon (Reed 1988)] 1 A. G. CROOK COMPANY • 1800 NW 169TH PLACE, SUITE B -100 • BEAVERTON, OR 97006 1 1 S & P Properties • Wetland Delineation • North Dakota Street Page 4 Wetland hydrology is the force which creates wetlands and is investigated on a site -wide basis as well as at each data point. Hydrologic field indicators including inundation, soggy or saturated soils, and wetland drainage g patterns were noted. The National Wetland Inventory map for this area (Beaverton, Oregon USGS quadrangle) g recognizes a Palustrine Emergent wetland in this area. (Figure 4). Wetland boundaries were marked with pink flagging imprinted with the words WETLAND DELINEATION. 1 RESULTS The results of the investigation are documented below. Field sheets for each data Po int were completed and are attached to this report. Vegetation is identified by both common and scientific names on the data sheets. The parameter determinations at each data point are summarized in Table 1, below. The location of the wetland area is provided on the attached wetland delineation map (Figure 5). c The north boundary of the parcel slated for development is at about 170 MSL (mean sea level) elevation. The land slopes down toward Ash Creek to the north. The 100 -year 1 floodplain is approximately 160 feet MSL. The northern edge of the property is wooded. The tree canopy extends to the floodplain of the creek. This floodplain is characterized by soil wet to the surface, reed canary grass (Phalaris arundinacea), patches of spike rush (Eleocharis palustrus), peachleaf willow (Salix amygdaloides) and sitka willow (S. sitchensis). 1 1 A. G. 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L.. ... :L:n }...... .: ..... ..n...........n.n ... ................ .................... �: n........v........v . :: v::: }.:... .v ::. v.... v ....... }CVt .:. v:w: %••:::.. n... r.........v ..::::............:::: { {• :nv ::::::::::::: x::::.::vnw:n:,,'::. } ...:.v. }•: -. �. �:::::• {: :.::::._:v::::::::.v: nv:::::.v::.v:::::::.v...:...,, ........:... n \� .........v. h4xn . :.. . �.p ...... .v.... .xv. .. ........... ... n:;v.v ::::::::::::::: r:::::: ::::.: �:::.... .:::::::.::.::.::::.::.:::::::: :::::::;:.:v:::::; . :...; ..; .... ..............:::::::::::::nv:; .; .. ............ .... }.:.:..ni\•�: Y:. ih \::: u: h.x{ .::: n ...........v.....v:::::::::: r...........::::.v::::... ... ........................ .:.v: ?..<w::::::nx?w:: nvw:::::::::: :w::::n:::v::;r ...: ::}:•.v::::::::::n;•.w::::::::: .v } } } }'::::::::nw:.v::;•i }: 1 hydric 100% wetland wetland 1 2 non - hydric 0% upland upland I 3 hydric 100% wetland wetland 4 non -hydric 5% upland upland 1 Data Point 1 is within the floodplain, 25 feet north of a sharp topographic break. The 1 vegetation is a monotypic stand of reed canary grass. The soil was moist to the surface and matched the description of Cove silty clay loam as mapped. This area was determined to be a wetland. I Data Point 2 is upslope of the topographic break under a stand of hawthorn (Crataegus douglasii) with an understory of Himalayan blackberry (Rubes discolor). The soil had a I chroma of 3, was powder dry, and closely matched the description of the Aloha series as mapped. The area was classified as upland. I Data Point 3 is located 100 feet east of Data Point 1 in the floodplain. Reed canary grass dominates this site, but there is also a peachleaf willow and tall mannagrass (Glyceria elata). The soil, with its chroma of 1, matched the description of the Cove series. This Data Point was determined to be a wetland. Southward from Data Point 3, and outside the floodplain, Data Point 4 is located in a grove I of serviceberry (Amelanchier alnifolia) with an understory of Himalayan blackberry. The soil here was powder dry with a chroma of 3 and matched the description of the Aloha series. This area was classified as upland. 11 I A. G. CROOK COMPANY • 1800 NW 169T11 PLACE, SUITE B -100 • BEAVERTON, OR 97006 1 11 S & P Properties • Wetland Delineation • North Dakota Street Page 6 CONCLUSION After careful review of available reference material and an onsite evaluation of existing conditions on the property, the Company has concluded that the wetland shares a boundary with the 100 -year floodplain of Ash Creek, due to the sharp topographic break at this location. The delineated area had evidence of wetland hydrology, hydric soils and hydrophytic vegetation. The NWI map indicates that wetlands exists in the same locations as were delineated. Soil survey maps confirm the presence of hydric soils. The wetland was flagged at the time of field investigations. Data points and the wetland boundary are 1 identified on the aerial photograph (Figure 5). SUMMARY 1 The A. G. Crook Company performed a wetland delineation in the floodplain of Ash Creek, eek, south of SW North Dakota Street, which is proposed for a sewer line crossing. It was determined that wetlands are present within the floodplain of Ash Creek, closely following the line of a sharp topographic break. The Oregon Division of State Lands and the U. S. Army Corps of Engineers are the final authority regarding wetland delineations. This delineation is subject to their confirmation. 1 Report prepared by: Reviewed and approved by: 0 -L4 Rita Mroczek Arthur G. Crook, P. H. Wetland Program Manager General Manager r A. G. CROOK COMPANY • 1800 NW 169TH PLACE, SUITE 8 -100 • BEAVERTON, OR 97006 A CROOK COMPANY N• --------,-- --,---, ---.- -k..._: ----. roc ii : i 6 , \..'.., -".. 1 A - . • 0 ,-,• I ''O a ti•Z ! SS 4 ! 1: 2 - . -1 .. 7 r' F * ; • • . / .' 1,, - ‘.. • „- ".;..y A 1 / i ..- __) . _._ . 3 ...z.. • •5 • . Z.-LA '1 •? , i . ■ 4 r T ...... 2 osa .... „I' „ ii . t - , ',..,.' . -- . 17 -.. 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'4.. .r.t ki i . ,.. ,.._... •••....••-• -- • / • ...)„. ..:,....r,t,..• • • •,t"A ...,-..---.....,..••_,..,_„. .......3 4 , 4 , ' • ..../.‘.-, t A . ony. • .4" '4„...; ••••- ... ,.. ,..,.--:,. . , ii ph _ „is //,,, 47 . ,.,: . . ..,.. : , ,,,,I .x... • .; __ h , .. . ,.... . 44: .. .... 4 --- s i • n : - 7 • • oc / - I ■ .. i / _ - • • -_ . . * y • ./...• . 1,..\ 1 W r \TrOe . a rY.e., I „• ,. -•"-.•''' f. . • S` . -.-.1. ...' . -. 7":„'. ,, - • • • . Ni SN ' . -• • , lir , f. , -; ' . ,... . ,i''. . • I . C • _ ' :,..... _ : .,...,.-----_.-_ . • • - ' ) % '' ' ' ..:1::' , '-- `0 . • .0\•- . ao . • , . jr , „/ ,. „.., , t ) I. , B .. 4„. .:::„. ___._.-. ...,, , • * 7 .- if , p-•" • ■ II ----,-- '',.-........--: - ..- _ /:- ., • I': '` \ , ' ' --- -----. .- 7. 7 : - ....7- \t, ' -/ - 7 4.1I-'--- 7. I _ '• • 'C 4 6/if : . •.' .--: •::=,2- • . . __ , ... ....: . .. ..........,... , . • _,..,..._, •••• . • ,,, • •\ ir A - , \ • •.\,.,,,,..,,--.--,.....-- - --- e_ , „ ; ------‘, \ A.v . .,..., . - • ../ i ( ] I FIGURE 1 - A section of the USGS Quad Map - Beaverton, OR quad- showing the site location. .11 1 II A.G. CROOK COMPANY ,,, /.._.. . � 1 • 'P X _ :� resa. � .,a ,l . " ��rr¢�< i� ' •. � 42 r g � I . � , ., � + r ' i 1 ' h t•' '(r414 C r y + '� ' /' + .11. • r }, l� ,':' .. 4 : • .0■11 . ' . I ... aZ,*:!:. .4 .. . ..; atil : ;. „j24 .44c.t W --1. 4, 10- i ' •& . 4::.: -. ;t::'... e ..it eft. ** - - • ,i ' '' ::-*". • 4'SA` 4` 4t { � +• c13 t ,t , ∎•• .. ....._ � i � • ,.....kll . .. ,. 1 . � 27, r. • l ry:.rrr�i c � �.,g ..•._..... �♦ �a. .r-� . ' � r �i r (. • 1 , ,, . - -T t i l , • ,_,, ii„..„,.,:-.... 41-- r • ' - I f f . .. t • AN: /S, 1 '4 •JIP (' • .. • ..f : 41 y. i .` ' 116. ••; * ` � , / /'•, + te • lor 4 1 j .- , ` .. .,j�• � tip; L � `• • , ,r. �, 3 . . , � v l' '' '' ,o `t"� • � , t , % - . � • r •- •••,,.., .. le.; .. . D.,'" -''' ,7%, . • • •"•.. 49 .-, svic. ,,0 - r•\ ,/ . F!' • •' - • * - I 1 �' .. ' ,. P L C � r r L .. , . + ) 9' _' =i .. f; 1 r r .. � ' - !'' ' ti .7.1:1-14-;-,, t . �' ... '-••.- �� •F : .y � .. fir. \\ --• � t ,) � yr e:- `! j - ,. i = ' , P . �>' 's ,'��' A -V ,. • ,� N. ' F . • L • • . 1: ": ...... • .. - .--..• , , • r 4`. o r . ..,,r ,:. 'Cr' •,‘ ... . x . , ,•- Ng • • .. ji .; . • '...74 .40 - !7 r � ' iI'V . •r. ' j S`il - . A - T \ : ., ''r;' •- 1 I 1 L FIGURE 2 - A section of the soil survey map for Washington County, OR. l A.G. CROOK COMPANY N s i SOIL LEGEND ' Arabic numerals in the symbols indicate the map units. The capital letters A. 8, C. 0, E, F, or G following the numeral or numerals indicate the slope class. Some symbols without slope class letters are for nearly level soils. SYMBOL NAME SYMBOL NAME 1 Aloha silt loam 27 Labish mucky clay 2 Amity silt loam 288 Laurelwood silt loam, 3 to 7 percent slopes 3E Astoria silt loam, 5 to 30 percent slopes 28C Laurelwood silt loam, 7 to 12 percent slopes 3F Astoria silt loam, 30 to 60 percent slopes 28D Laurelwood sift loam, 12 to 20 percent slopes 1 28E Laurelwood silt loam, 20 to 30 percent slopes 4B Briedwell silt loam, 0 to 7 percent slopes 29E Laurelwood sift loam, 3 to 30 percent slopes' 58 Briedwell stony sift loam, 0 to 7 percent slopes 29F Laurelwood silt loam, 30 to 60 percent slopes 5C Briedwell stony silt loam, 7 to 12 percent slopes 50 Briedwell stony sift loam. 12 to 20 percent slopes 30 McBee silty clay loam 31B Melbourne silty clay loam, 2 to 7 percent slopes 6B Carlton silt loam, 0 to 7 percent slopes 31C Melbourne silty clay loam, 7 to 12 percent slopes 6C Carlton silt loam, 7 to 12 percent slopes 31D Melbourne silty clay loam. 12 to 20 percent slopes 7B Cascade silt loam, 3 to 7 percent slopes 31E Melbourne silty clay loam, 20 to 30 percent slopes 7C Cascade silt loam, 7 to 12 percent slopes 31F Melbourne silty clay loam, 30 to 60 percent slopes 7D Cascade silt loam, 12 to 20 percent slopes 32C Melby silt loam, 3 to 12 percent slopes 7E Cascade silt loam, 20 to 30 percent slopes 32D Melby silt loam, 12 to 20 percent slopes 7F Cascade silt loam, 30 to 60 percent slopes 32E Melby sift loam, 20 to 30 percent slopes 8C Chehalem silty clay loam. 3 to 12 percent slopes 33E Melby silt loam. 2 to 30 percent slopes' 9 Chehalis silty clay loam, occasional overflow 33F Melby silt loam, 30 to 60 percent slopes 10 Chehalis silt loam, occasional overflow 33G Melby silt loam, 60 to 90 percent slopes 11B Cornelius and Kenton silt roams. 2 to 7 percent slopes 11C Cornelius and Kenton silt looms, 7 to 12 percent slopes 34C Olyic silt loam, 5 to 12 percent slopes 110 Cornelius and Kenton sift looms, 12 to 20 percent slopes 34D Olyic silt loam, 12 to 20 percent slopes 11E Cornelius and Kiton silt roams, 20 to 30 percent slopes 34E Olyic silt loam, 20 to 30 percent slopes Olyic silt loam, 5 to 30 percent slopes' 11F Cornelius and Kenton silt roams. 30 to 60 percent slopes 35E I2A Cornelius Variant silt loam, 0 to 3 percent slopes 35F Olyic silt loam, 30 to 60 percent slopes 12B Cornelius Variant silt loam, 3 to 7 percent slopes 35G Olyic silt loam, 60 to 90 percent slopes 12C Cornelius Variant silt loam, 7 to 12 percent slopes 13 Cove silty clay loam 36C Pervina silty clay loam, 7 to 12 percent slopes ' 14 Cove clay 36D Pervina silty clay loam, 12 to 20 percent slopes 36E Pervina silty clay loam, 20 to 30 percent slopes 15 Dayton silt loam 36F Pervina silty clay loam. 30 to 60 percent slopes I6C Delena silt loam, 3 to 12 percent slopes 37A Quatama loam, 0 to 3 percent slopes 179 Goble silt loam, 2 to 7 percent slopes 37B Quatama loam, 3 to 7 percent slopes t 17C • Goble silt loam. 7 to 12 percent slopes 37C Quatama loam, 7 to 12 percent slopes 17D Goble silt loam, 12 to 20 percent slopes 37D Quatama loam, 12 to 20 percent slopes 17E Goble silt loam, 20 to 30 percent slopes 18E Goble silt loam, 2 to 30 percent slopes' 388 Saum silt loam, 2 to 7 percent slopes 18F Goble sill loam. 30 to 60 percent slopes 38C Saum silt loam, 7 to 12 percent slopes 38D Saum silt loam, 12 to 20 percent slopes 199 Helvetia silt loam. 2 to 7 percent slopes 38E Saum silt loam, 20 to 30 percent slopes 19C Helvetia silt loam. 7 to 12 percent slopes 38F Saum silt loam. 30 to 60 percent slopes 19D Helvetia silt loam, 12 to 20 percent slopes 19E Helvetia silt loam, 20 to 30 percent slopes 39E Tolke silt loam, 5 to 30 percent slopes 20E Hembre silt loam, 3 to 30 percent slopes 39F Tolke silt loam, 30 to 60 percent slopes 20F Hembre silt loam, 30 to 60 percent slopes 20G Hembre silt loam, 60 to 90 percent slopes 40 Utlifluvents. nearly level 21A Hillsboro loam. 0 to 3 percent slopes 41 Urban Land 21B Hillsboro loam. 3 to 7 percent slopes 21C Hilisb0ro loam. 7 to 12 percent slopes 42 Verboort silty clay loam 21D Hillsboro loam, 12 to 20 percent slopes 22 Huberly silt loam 43 Wapato silty clay loam I. 44A Willamette silt loam, 0 to 3 percent slopes 238 Jnry silty clay loam, 2 to 7 percent slopes 44B Willamette silt loam, 3 to 7 percent slopes 23C Jory Silty clay loam, 7 to 12 percent slopes 44C Willamette silt loam, 7 to 12 percent slopes 23D Jory silty clay loam. 12 to 20 percent slopes 44D Willamette silt loam, 12 to 20 percent slopes 23E Jory silty clay loam, 20 to 30 percent slopes 45A Woodburn silt loam. 0 to 3 percent slopes 23F Jory silty clay loam, 30 to 60 percent slopes 458 Woodburn silt loam. 3 to 7 percent slopes . 45C Woodburn silt loam, 7 to 12 percent slopes 24G Kilchis•Kl;ckitat complex. 60 to 90 percent slopes 45D Woodburn silt loam, 12 to 20 percent slopes 25E Kl ck tat stony loam, 3 to 30 percent slopes 25F Klickitat stony loam, 30 to 60 percent slopes 46F Xerochrepts and Haploxerolls. very steep ii 25G Klick tat stony loam, 60 to 90 percent slopes 47D Xerochrepts-Rock outcrop complex 26 Knappa Silt loam 'Broadly defined unit . t N` 1 ir 1 FIGURE 3 - A soils legend for Washington County, Oregon. ii, ( 1 .. I A.G. CROOK COMPANY ,N • 7 ` : D61Q �` 1 \ -- , � ! Q ] - - Pg51W '` . i : . 1 %,.� PF 1Y.... . ,:_ . POWKZx ; ': I Li ,r_ - PE. . r ,* '` Z ' r PEMIV PFOIW .t " - . ` PFDIy :: ' - -,. 0451y - opt i f . ,ii PEMtY --k) / P i . - YPOw,f ``� ` . -� PEMIY # '' PEtvMfY . . PEMIY ) i- oowK ' 4 T c}-- P E.m 1 w POWKLh� :,-__" • PEMIY GEMIY �c • PEMIY _ , * ,, J1NZ , y. ,4 ' . •' % .. II , s.... _ PE R3 - U: I ~ ' RF.OIY -_..) PFOIW • '• • :RF .IW Y. ' i . I� POW 1 P� fT �EJk �, t � ' .,.1'- . PO WKZA A------1' P ..ti , :. ,` .`` ` , P EM I Y 1 -.�. , I -PF01Y / - PPOiNf . M IY ' i ♦ ... I ' P —4 Y 7 - i E 141 VIIKZh -„, ,, • IY 1 , �' 444 I 7 . ' -,A. X . POWKZM • PEMIY • " -• i. ,.� M - • • • U I r PCOIY • '.4QWKZr —P , _ - K ) i \ ( POWKZh • • 1 if - IPfiMtY' R30VVZ ` -%A II e I FIGURE 4 - A section of the National Wetlands Inventory (NWI) map - Beaverton, OR quad- showing the site location. II N. - .l •."..... I / • ice, . . , ••• .� A t , • V ' :: '1 � , fit • r f . :. ! - , • x ,I 11 r -r- - , ' • ! �" 1 t• ( °� 1 1 as — . ` rte ...„•,,.-.,--.-•,- ' ' ". t r.A.._ .... jiil •.:. ....... • � l •L .mil t......1; i `y y �. • , a3 • �t t •f : i i • 1 . , : 5 :"J.; ' '' '" o li; w t4 y • • i -, . die 4 . t ... - ... ,- . - t • • t 5/,' ± t i • , • �n r . . • , . . ......: -:„. _.,,....- _., -4 i '.. - - - . t. . ,- :•.:, '4 ,' . ..C 1/4.....r..::::,:.....,.... 1 . i - 4 . . ..-..--c . I i • . M Vi i, i I ., v .1a... A 3 . . � . . ,..,.,.......,-...,...,11 - 4 I NFO c " Y `I ' s ' 1 dr "` FIGURE 5 et: v ' \ ,�•,.t cam. � � r ! ' I . '{ ' NORTH DAKOTA STREET M'01 WETLAND DELINEATION 11!,,A ..., . • •• : it N. Elpimin i -4 1 0 1 . k . #i r l . E . % i A ` , • ', a .• '.. ., A . : �. � 1 Scale I In(r.: io: feet (3' k' a r 1 L..®. Creek Ceraper:; Oar Z L O Rr*Qarala• Q /z.. .,.%I. . . 'MP. ;1 .... tae.. _ - — I I I A.G. Crook Company Form Wetlands-2 • WETLANDS DELINEATION 1 I S I T E PHYSIOGRAPHY AND CHECKLIST 1 • . e,.,0 .„2., ..,-.(A., ....... _.... ..., ......„ Date: 71' . 1 Applicant: Name: Mailing Address: Po 6-.---•. & (-7 I /_.;--) . . • 4,: v ,,..;77r,- L1 i 1 ---- Telephone: Fax: III Project Name: At Ta k 0 7-71--- Address: Owner: II/ Tax lot(s): Legal Description: i 5 ) /40, S 3 .. , SLO Acreage: / I Location: State: cp(Q. County: kALA City: T. ci Nearest Major Road/ Intersection: K) , .t.....,,,._;-..., .i.--:...t- 4-- C -.4 ..,.....C- Road! - Proposed use: P 7 .1.1)t, , . . _oning/land use: . II Topography: . , Drainage: Prsl, :-.t.,z—=)^--- Within 100 yr. flood elevation?: .. Yes No I Present use: (.../ date use began: Vegetation: I Past use: Post 1985: Pre 1985: Adjacent areas land use: '11 north: 0, t7 east: A 0 ' I south: west: I Threat/endangered 7-1 i ,, ,( ,. present: . 11 - i.4.4{, SS soil survey series: Hydric?: I , Are wetlands probable within the site? Yes '>< ‘&40...„-,„ / (,■ (- il s a formal delineation required? Y Yes No k a Rationale: -- 7(._ --; • (L..(22 II c__./ . I 1 A.O. Crook Co. Form Wetlands - 1 FIELD DATA SHEET II WETLANDS DELINEATION ROUTINE ONSITE DETERMINATION METHOD Field Investigatorls): I 1 1 lO L I-- Date: r � I 7 I Project/Site: C aua a ._ State: O ( County: bvc.5 (,..■ •l c; -.1.- n / T�,,4_ Applicant/Owner: re �i a rti e S ,Plant Community //Name: 1.,, ' Note: If a more detailed site description is necessary, use the back of data form or a field notebook. ii I Do no al environmental conditions exist at the plant community? Yes j No _ (If no, explain on back) Has the vegetation, soils, and /or hydrology been significantly disturbed? I Yes _ No (If yes, explain on back) VEGETATION Dominant Plant Species i tific Nam Common Name Indic % Cover 1. a4.“,y 1, Ce .•�.a^.vi Gx+'ux� F4�1 G A.) / 0 0 2. I 5. II 6. 7. 8. 9. 10. 'ercent of dominant species that are OBL, FACW, and /or FAC / C30 Is the hydrophytic vegetation criterion met? Yes No _ Rationale: /00 ° LD r9l tre A , 5 4-A ((,v ) C) map a/?J '1"-- to SOILS I. Series /phase: COvt? 3/ 1r CC /0,2„,, Subgroup': Is the soil on the hydric soils IisJ Yes.. No Undetermined I Is the soil a Histosol? Yes _ No .. Histic epidedon present.? Yes _ No Is the soil: Mor�ed? es No Gleyed7 Yes _ No Matrix Color: 1 c) y CS 3/ i Mottle Colors: is 4 4 '»'� (P Q,Q. (rt.t..09 I Other hydric soil indicators: Is the hydric soil criterion met? Yes, No I Rationale: / ...M ze_ 0 (Ail ma � i . HYDROLOGY Is the ground surface inundated? lips _ No Surface Water depth: Is the soil saturated? Yes _ No Depth to free - standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. . / • �• AP4. 1L' ' 4 .1 a j , ' Is the wetland hydrology criterion met? Yes No _ J k Rationale: ��I �YYI/Y a e /' v`O - 4>� + - cz/ I JURISDICTIONAL DETERMINATION AND RATIONALE L.....„s„,,,, I Is the plant community a wetland? Yes No ,, , Rationale for jurisdictional decision: e5 /00 c� � rI / — _ ■. 1 I A.O. [soot Co. Fond wetlands - 1 FIELD DATA SHEET WETLANDS DELINEATION R I ROUTINE ONSITE DETERMINATION METHOD Field Investigatgr(s): 1 / L.' 70 c.-----..e x'` Date: •� 11 + ' 1 5 - i i 9 4 Project/Site: C r7c . ' r , . e, C v I; • O r= ty: 45 G.:4 n c, • Applicant/Owner. rfae rtl 8 S ,Plant Community //Name: - Note: If a more detailed site description is necessary, use the back of data form or a field notebook. Do nojrnal environmental conditions exist at the plant community? Yes .L No (If no, explain on back) Has the vegetation, soils, and /or hydrology been significantly disturbed? Yes No L (If yes, explain on back) 1 VEGETATION Dominant Plant Species Scientific Name Common me Indicat r •• . v - r / 1. .) S / AC4;r1; a.7`✓S f 2mi F Q: kd e r/ F "c () • I 2. c - • h + c✓n b /AC....6er � a 3 , 2 "so .7 ?2,yfrvi 5 , hcw.o?'" 77.. o f/ (I 1t?2_/ (7 - 4 - 4_. 5. 6. 8. 9. 10. I , `ercent of dominant species that are OBL, FACW, and /or F • .s the hydrophytic vegetation criterion met? Yes No/ Rationale: / J O , Go d L .-- v ---- /7.- i SOILS I Series /phase: /Oil T: Subgroup . Is the soil on the hydric soils list? Yes _ No `Z Undetermined Is the soil a Histosol? Yes _ No Histic epidedon presen 7 Yes _ No _ 7 Is the soil: Mottled? Yes No Gleyed? Yes _ No Matrix Color: / 0 y/7 z/3 Mottle Colors: S La r�c7 & %_- c »,-- J Other hydric soil indicators: / 1 Is the hydric soil criterion met? Yes _, No 8 > 3 Rationale: HYDROLOGY Is the ground surface inundated? i l2s _ No _ /Surface Water depth: 1 Is the soil saturated? Yes No Depth to free - standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation. / I Is the wetland hydrology criterion met? Yes _ No A Rationale: covide -e - _ + G , OS: ja-,-, , "-Nei. e' 17—, I JURISDICTIO ✓ NA ( L / DETERMINATION AND RATIONA Is the plant community a wetland? Yes _ No 4 n V'Oi Rationale for jurisdictional decision: Sc;-,. 1 A. CV . 'LAS � ,&w — , - ) 1 Ti • J TO.Ib+ won oaoordi o to - Sol Taxonomy -. I A.O. I Crook Co. Fong Wetlands - 1 FIELD DATA SHEET WETLANDS DELINEATION ROUTINE ONSITE DETERMINATION METHOD - E LI r0 C Field Investigatorlsl: - Date: I 1 I `i Project/Site: K C •!1'c t e v l i 1 State: ty W I AA n -kl I f7 /�L_ County: c� Applicant/Owner: 54-P re r*est+eS ant Community MMame: Note: If a more detailed site description is necessary, use the back of data form or a field notebook. 1 Do no al environmental conditions exist at the plant community? Yes No _ llf no, explain on back) Has the vegetation, soils, and /or hydrology been significantly disturbed? Yes _ No . (If yes, explain on back) I VEGETATION Dominant Plant Species II 1 S ci ntific Name . men N - m i Indica r , -, y r pt 2. , ' �..u,, - ' •' ., ? ... ./ >1s!fi '— r yr v' •- - J c3L /0 frf II 4. , S4-' - - -+. ) � _P .' _ /r:. - nur c++ , / 4 5. -\ .2.. 71 . '. 7ra 4) -r cz 6. I 7. 9. ' 10. ; 'ercent of dominant species that are OBL, FACW, and /or FAC /00 0' is the hydrophytic vegetation criterion met? Yes No _ ii Rationale: /06 41,i, / , /c4" . FA-C SOILS I Series /phase: Covo, Subgroup': Is the soil on the hydric soils list? Y s _,,No _ Undetermined Is the soil a Histosol? Yes No His-tic epidedon present? Yes _ Nom I Is the soil: Mottled? Yes No Gleyed? Yes _ No // Matrix Color: /0 Y - Mottle Colors: tM a rl Z.-. / �// �Q �` Other hydric soil indicators: S6 i Ye/ of S f 1 Is the hydric soil criterion met? Yes ZC No _ `/ Rationale: C Z /.e,` 7 ,X f/, I \ X - Surface Is the ground surface inundated? Y No = Surface Water depth: I Is the soil saturated? Yes _ No Depth to free - standing water in pit/soil probe hole: List other field evidence of surface inundation or soil saturation.,..,_ e I Is the wetland hydrology criterion met? Yes No _ 0 / Rationale: �"�" .''4. C- � /. L /, _,�, �lfJ I JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? YesNo _ . / I Rationale for jurisdictional decision: -r ,, e G I (-c c _ J 1 (Lrlloatbn amvdinG to 'Sad Taaar.n+r'. I A.O. Crook Co. Form Wet lands - 1 FIELD DATA SHEET ( WETLANDS DELINEATION ROUTINE ONSITE DETERMINATION METHOD % ;e t IL-f� 1 Field Investigat.r(s): I Lt _ i ' /O G�' �'� Date: ,� Project/Site: C a .. __ u,_ ..a. State: O /'County: Was Lam, v- c, » , Applicant/Owner: "re b a eri e S - ant Community Mame: Note: If a more detailed site description is necessary, use the back of data form or a field Itebook. J Do no al environmental conditions exist at the plant community? Yes & No (H no, explain on back) Has the vegetation, soils, and /or hydrology been significantly disturbed? Yes _ No & (If yes explain on back) VEGETATION Dominant Plant Species I 1. i . nn 'fi N m- Common Name % Cover i , 4 _,d- ¢/t.(� t - - 2 ," ?.. ,- Indicator �s +C v Co T 2. Z.. , r �, a (ci,� "a( 3. ,.. — ; , ,WJ&. l.�r de"? cn. e 5. 6. I 998. . 1 0. percent of dominant species that are OBL, FACW, and /or FAC 6 a the hydrophytic vegetation criterion met? Yes _ No., MCA) Rationale: -C/Z49/ L'`�-� MCA i k.../ r� SOILS I Series /phase: 7/et, Subgroup': Is the soil on the hydric soils list? Yes _ NocUndetermined Is the soil a Histosol7 Yes _ N� Histic epi edon present? Yes _ No k I Is the soil: Mottled? Yes _ No Gleyed7 Yes _ No Matrix Color: /p yr 3 / Mottle Colors: .t —e,-, _ Other hydric soil indicators: Is the hydric soil criterion met? Yes No . ` Rationale: Z r--- R J , - 44": I HYDROLOGY Is the ground surface inundated? Y s No Surface Water depth: I Is the soil saturated? Yes _ No Depth to free - standing water in soil probe hole: �""— List other field evidence of surface inundation or soil saturation. I Is the wetland hydrology criterion met? Yes No . dir Rationale: I JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes _ No f � � r I Rationale for jurisdictional decision: 1 k ai-r .P y-+' L_ - , , t C .rIC'' , 1Q'! oaa w on oardhp to *Sod Taxonomy'. l i 1 CITY OF TIGARD 41, 1 PRE-APPLICATION CONFERENCE NOTES �; y RESIDENTIAL CITY OF TIGAR[ OREGON I DATE: STAFF: I APPLICANT: W(t1Jbs t"'FRT/ AGENT: MART. 'rAN6 L-.�i4Q Phone: 1 ) GLAD - 115 Phone: ( ) 1 4570 — TOO '3 I PROPERTY LOCATION ADDRESS: TAX MAPITAX LOT: /57 ' M e n 1/QO NECESSARY APPLICATION(S): 5U$DIUM / OA/ / 7 /r4A1JA/Eb DEveLo2Menrr, VAR LAM 5E,JSITt Ve (.4wbS I PROPOSAL DESCRIPTION: 6 /o T" I VI S /rA! FYrek)smA) o>F ?),q ICo7.4 V►lbte*E 1 . COMPREHENSIVE PLAN DESIGNATION: I ZONING DESIGNATION: 'R 19 CITIZEN INVOLVEMENT FACILITATOR: I TEAM AREA: E PHONE: 1503) ZONING DISTRICT "DIMENSIONAL REQUIREMENTS 1 Minimum lot size: 3050 sq. ft. Average lot width: ft. Maximum building height: 35 ft. Setbacks: front 155 ft. side 5 ft. rear /S ft. garage. .20 ft. corner — ft. from street Maximum site coverage: gt5 % Minimum landscaped or natural vegetation area: .DO ,°'o ADDITIONAL LOT DIMENSIONAL REQUIREMENTS I -ap Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. L I ---, The depth of all lots shall not exceed 2Y2 times the average width, unless the parcel is less than 1 Y2 times the minimum lot size the applicable zoning district. (Refer to Code Section 18.164.060 Lots) CITY OF TIGARD Pre - Application Conference Notes Page 1 of 7 Residential ApplieationJPlanning oeparttnent Section JrCt..ne. JG I Dnl...W I • Streets: f from the centerline of • Established areas: feet from . • Lower intensit nes: feet, along the site's boundary. I • Flag lot: oot side yard setback. • Zero I me lots: minimum 10 foot separation between buildings. • (-family residential building separation: (Refer to Code Section 18.96.030) 1 Accessory structures up to 528 square feet in size may be permitted on lots less than P q Y P 2.5 acres in size • 5 foot minimum setba from side and rear lot lines. I Accessory structure up to 1000 square feet on parcels of I ry P q p at least 2.5 acres in size (See applicable zoning district setbacks for primary structures.) I BUILDING HEIGHT PROVISIONS I .. • - . - .ilimi • . ones. Maximum height of feet in R -7 and R•12 nes. ee . e. I . — FLAG LOT BUILDING HEIGHT PROVIS Maximum height of 1 Y: es or 25 feet, whichever is less in most zones; 2% stories, or 35 feet in R -7, R•12, R -25 or R•40 zon( I provided that th ndards of Code Section 18.98.030(8) are met. RESIDENTIAL DENSITY CALCULATION The Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by ti minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development are is calculated by subtracting the following land areals) from the gross site area: I 1. All sensitive lands areas including: g I a. Land within the 100 year floodplain. b. Slopes exceeding 25 %. • 1 c. Orainageways. I 2. Land dedicated for park purposes. 3. Public right -of -way dedication. I 4. All land to be provided for private streets (includes accessways through parking areas). (Refer to Code Section 18.92) BLOCKS ' hen block lengths greater than 600 feet are permitted, pedestrianlbikeways shall be provided through the block. (Refer to Code Section 18.164.040) ? f cbcS 140 StISCNAEtJ-f ¶t I RESIDENTIAL DENSITY TRANSFER (r"xesowAN,t verrisptc The City of Tigard allows a Residential Density Transfer of up to 25% of the units that could otherwise have been developed o sensitive lands areas listed in (1.) above which may be applied to the developable portion of the site. (Refer to Code Section 18.92.030). It is the responsibility of the applicant for a residential development application to provide a detailed calculation for both the permitte residential density and the requested density transfer. I CITY OF TIGARD Pre - Application Conference Notes Page 2 of 7 I Residential ApplicatioruPlammng Department Section n CJIUC11114hL NC:I1J11 I 1 11I1iIJ1 11U111 Regardless of the allowed housing density in a zoning dis • , any property within 100 feet of a designated established area s. not be developed at a density greater than 125 perc of the maximum Comprehensive Plan designation (not zoning) of the adjace parcel. Transition area applies to any props ich is a designated established area. The subject property is designated as a area. The s • t property is adjoined by established/developing/areas to the north south east and we CtUTURE STREET PLAN AND EXTENSION OF STREETS) 1. A future street plan shall: a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show t pattern of existing and proposed future streets from the boundaries of the proposed land division and shall inclu boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjace to the proposed land division. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilitil 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 tt boundary lines of the tract to be developed. (Refer to Code Section 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREMENTS All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% all lots 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. The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: Y PP g ns. 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 f 9 g q y de or 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: Maas 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: I CITY OF TIGARD Pre - Application Conference Notes Page 3 of 7 Residential AppiicanonfPlammg Department Section I ■ 2. ∎lid iiU(in-SUU(Il LU( UIniens1u11 d11U 111.111/ 1131 rllld J(Idn(diiUll 01 ddCil lifopoJeU i((. 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 fi I . tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following a. Height. I b. Diameter. c. Species. d. A statement declaring that they are to be retained. I 4. Copies of all private restrictions relating to solar access. I The design characteristics of a developed solar - oriented lot are high levels of wintertime sun striking the south walls and roofs the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize t following: 1 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. I c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the nor 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 sou I b. wall protected from shade. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. I Please contact the Building Division for further information regarding the Protected Solar Building Line and Performance Options relating to building height and construction. I . PARKING AND ACCESS I All parking areas and driveways must be paved. Sin fa mil - Requires 2 off-street parking spaces per dwelling unit. I • Mul;jple fimily: Requires 1.5 parki paces per unit for 1 b m. Requires 2 ing spaces per unit fo bedrooms. Multi- family dwelling u ' with more than 10 required spaces shall pro • parking far the use of guests and shall consist of 15: of the total requ• parking. (Refer to Code Section 18.106.0 1 No more than 40 required spaces may be designated andlor dimensioned as compact spaces. Parking stalls shall be dimensione as follow III • Standard parking space dimension - ft. 8 inches X 18 ft. • Compact parking space dime ns: 8 ft. X 15 ft. 1 • Handicapped parking: All parki reas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disc person parking spaces to be provided, as well as the parking stall dimensions, ar mandated by the Americans with Disabil ' s Act (ADA). A handout is available upon request. A handicapped parking space symb( I shall be painted on the parking sp surface and an appropriate sign shall be posted. I CITY OF TIGARD Pre - Application Conference Notes Page 4 of 7 Residential ApplieanonuPlammng Departrnent Section uicycie racxs are requirea ror multl- ramify, commercial au Inaustriai aeveiopments. dicycie racxs snail oe iocatea in areas protei from automobile traffic and in onvenient locations. Bicycle parking spaces shall be provided on the basis of one space for ev 15 required vehicular par i spaces. Minimum num of accesses: Minimum a ess width: Maximum width: Minimu pavement width: I REQUIRED WALKWAY LOCATION Within all attached housing (except two -f • dwellings) and multi - family developments, each residential dwelling shall be connect by walkway to the vehicular parki rea, common open space and recreation facilities. ' CLEAR VISION AREA The City requires that clear vision areas aintained between three and eight feet in height at roadldriveway, roadlrailroad, a . roadlroad intersections. The size of required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.10 II BUFFERING AND SCREENING In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developmen- especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer are are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees al shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also ` required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetatie fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Communi Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: ft. along north boundary. ft along east boundary. ft. along south boundary. ft. along west boundary. In addition, sight obscuring screening is required along treet trees are required for all developments fronting on a public or private street as well as driveways which are more than 1C 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 grad: Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturit 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 vegetatie canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas fro[ view. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed informatie on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) SIGNS Sign permits must be obtained pr' installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout available upon request. A • anal sign area or height beyond Code standards may be permitted if the sign proposal is reviewed part of a developme eview application. Alternatively, a Sign Code Exception application may be filed for review before the Hearinc i Officer. ` CITY OF TIGARD Pre - Application Conference Notes Page 5 of 7 Residential ApplicationiPlanning Departmem Section JI:111J 1 1 The Code provides regulations for lands which are potentially unsuitable for development due to areas within the 100 -year floodpl natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable round. Staff will attempt to relimina, g P P identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility precisely identify sensitive lands areas, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions sensitive lands must be clearly indicated on plans submitted with the development application. (Refer to Code Chapter 18.84 Chapter 18.84 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development prohibited within floodolains. In most cases, dedication of 100-year floodplain areas to the City for park and open space areas required as a condition of the approval of a development application. 111 9 - ARRATIVE T) applicant shall submit a narrative which provides findings for all applicable approval standards. Failure to provide a narrative adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. Applicant shoe review code for applicable criteria. NEIGH The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum 1 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerni site posting and the meeting notice. R ING ■ I ADDITIONAL CONCERNS OR COMMENTS: • - r � l 1 1 • :: : _ • . .1r _ 0 '/P RIVATE STICEAT EioS 171. Vc 4.4.1.1n5 Foie. SEvJE-e CoNS'7'R) GertoNJ CI D 1 t"T -T1�o • C�- ll✓UL�r� N Ise. I Ct:b P E1) ES S.A5 EM EA)T To Cr r EEAJW I PROCEDURE Administrative staff review. Public hearing before the Land Use Hearings Officer. VPublic hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the Ci Council. An additional public hearing shall be held by the City Council. I CITY OF TIGARD Pre - Application Conference Notes Page 6 of 7 Residential ApplicationPlannng Department Section APPLICAiIUnl SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City F. offices. PLEASE NOTE: Applications submitted by mail or drooped off at the counter without Planning Division acceptant may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch man a proposed proiect should be submitted for attachment to the staff report or administrative decision. Application wit unfolded maps shall not be accepted. The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or addition 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 beir ' complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions mr take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearin A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard �Q t) M / . A basic flow chart which illustrates the review process is available from the Planning Division upon reque: This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primal l Community Development Code requirements applicable to the potential development of a particular site and to allow the City sta and prospective applicant to discuss the opportunities and constraints affecting development of the site. ' PEfl1SE iti €E 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. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Additional pre - application conference(s) islare required if an application(s) islare to be submitted more than six months following thi pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. 1 PREPARED BY: W,i/ I C AIDR6.9 CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639 4171 I 1 CITY OF TIGARD Pre - Application Conference Notes Page 7 of 7 Residential ApplicatiauPlamng Department Section PUBLIC FACILITIES CITY OF TIGARC The purpose of the pre - application conference is to: OREGON (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 decisic making authority shall be for the application. 1 The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended t City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision makir authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportune to review and comment on the application. The following comments are a projection of public improvement related requirement that may be required as a condition of development approval for your proposed project. Riaht•of-wav 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 i specified by the Community Development Code; or (2.) For the creation of new streets. P1 J --. 6 — /Za04 # Approval of a development application for this site will require right -of -way dedication for: oft/s}vec ' 2 (1.) to feet from centerline. 24 U L't � (2.) to feet from centerline. ' (3.) to feet from centerline. Street imorovements: 2 / �/jyy j 3/ / P i (1.) street improvements will be necessary along (2.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the installation of cur and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determine, appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wide on arterials or major collector streets, or in the Central Business District), necessary street signs, streetlight: and a two year streetlighting fee. 1 1 ' CITY OF TIGARO Pre - Application Conference Notes Page 1 of 3 Residential AppiicatiosuEngineenng Department Section in swine cases, wnere street improvements or otner necessary puouc improvements are not currently practical, the st improvements may be deferred. In such cases, a condition of development approval may be specified which requires the propE owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the format' of a local improvement district formed to improve: (1.) (2.) Pedestrianwayslbikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in A' t) ' £suGS . PAi D7 - 141c- E The proposed development must be connected to a sanitary sewer. It the developer's responsibility to extend the sewer along the proposed development site's Water Supply: The ‘2"/"Y Water District • Phone:(503) ' 3 9 4-71 provides public water service in tl area of this site. The District should be contacted for information regarding water supply for your proposE development. /Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526.2502) provides fire protectic services within the City of Tigard. The District should be contacted for information regarding the adequac of circulation systems, the need for fire hydrants, or other questions related to fire protection. ifeeZIAr 721 ✓IJv *7249c/i' ' Other Agency Permits: • g v Storm sewer improvements: I STORMWATER QUALITY FEES ' The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90.43 Surface WatE Management Regulations which requires the construction of on-site water quality facilities. At the discretion of the City, if applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires th construction of a water quality facility andlor the payment of a fee. The fee shall be based upon the amount of imperviou surface; for every 2,640 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine a fee may be paid or a facility shall be constructed. OA/ - 4/7 r"1" 77 ‹., PAIGOTA- VI [. -4 -G+6- WI RE tE 7 i CITY OF TIGARD Pre-Application Conference Notes Page 2 of 3 Residential Applies WEngineenng Department Secmn TRAFFIC IMPACT FEES In 1990, Washington County adopted a countywide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collet fees from new development based on the development's projected impact upon the City's transportation system. The applic shall be required to pay a fee based upon the number of trips which are projected to result from the proposed developmei The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based i category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF rr be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissil only when the TIF is greater than $5,000.00. PA' STREET OPENING PERMIT ' No work shall be preformed within a public right -of -way, or shall commence, until the applicant has obtained a street openi• permit from the Engineering Department. I FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This flc plan shall indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. • PREPARED : 6z ENGINEERING DIVISION PHONE: (503) 639.4171 1 1 ItIloginlpattylpreapp.rn (eng.section preapp.er January 11. 19: CITY OF TIGARD Pre - Application Conference Notes Page 3 of 3 Residential AppiicationJEngineenng Oepartntnt Section • I Staff CITY OF TICARO oats y II COMMUNITY oelaaovr r DEPARTMENT APPLICATION CHEMIST II The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies .4&at is required to be submitted with Your application. This sheet MUST be brought II and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639 -4171. II ITEMS TO BE BASIC MATERIALS .INCLUDED: A) Application form (1 copy) Cr I 8) Owner's signature/written authorization [ C) Title transfer instrument C 0) Assessor's map Der 1 E) Plot or site plan F) Applicant's statement (H Filing fee (S . - . ) Ci•r" II SPECIFIC MATERIALS IA) Site Information showing (No. of copies ;4 ): [,� 1) Vicinity trap _ CI" 2) Site size t dimensions [ II . 3) Contour lines (2 ft at 0-10: or 5 ft for grades > 10%) CIr 4) Drainage patterns, courses, and ponds 0.4- 5) Locations of natural hazard areas including: II a) Floodplain areas CYY b) Slopes in excess of 25. C ] c) Unstable ground C ] d) Areas with high seasonal water table Cam?' I c) Areas with severe scil erosion potential C ] f) Areas having severely weak foundation soils C ] II 6) Location of resource areas as shown on the Comprehensive . Yap inventory including: a) Wildlife habitats C ] b) Wetlands ifrr II 7) Other site features: a) Rock outcroppings C ] b) Trees with 6` + caliper measured 4 feet II from ground level 0,1" 8) Location of existing fires and emir uses [..]' 9) Location and type of on and off -site noise sources C.] 10) Location of existing utilities and easements Cr-Y II 11) Location of existing. dedicated right-of-ways i 1 8) Site 0eveloom Plan (9o_ of copies . ): C ] I i) The propos •:site add :surrounding properties 2) Contour ' line teivali C ] 3) The location. d 'ions . and names of all: C ] I a) Existing.4 p tied streets t other public ways and easements the site and on adjoining properties C ] II APPL= CaTicN C <LT_S T - Pace 1 I b Proposed streets or other public gays t easements on the site. C I c) Alternative routes of dead end or proposed II streets that require future extension 4) The 1. C ] e . tion and dimension of: II a) - es and exits on the site C ] b) • ing and circulation areas C ] c) - n g and services areas C ] d) Pede - ' and bicycle circulation II e) ou - - -• common areas. C ] f) Above - • - utilities C ] 5) The location, - imensions t setback distances of all: I a) Existing - t structures, improvements, utilities - easements which are located on the site . • on adjacent property within 25 feet of the ' to C ] II b) Proposed stru - s, improvements, utilities and ements on the site C 3 6) Storm drainage facili- es and analysis of II downst —eas conditions C 1 7) Sanitary sewer facilitie C 3 8) The location of areas to landscaped C ] 9) The location and type of - -- oor lighting considering crime preventi- techniques location [ I 10) The location of mailboxes C I 11) The location of all structures - emir orientation C ] I • 12) Existing or proposed sewer rei•- anent agreements [ 3 C) Ge-adina Plan (No. of copies ;44 ) C 3 II The site development plan shall include a grading plan at the same scale as the site analysis dra and shall contain the following information: I/ 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. [4' I 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geot clinical I engineering report C 3 b) The validity of•sanitary sewer and storm drainage service Proposals VI II c) That all problems will be mitigated and how they will be mitigated CPT 0) Architectural 0rawmcs (No. ,f copies Q4, ): C ] II The site development 'plan proposal shall :include: 1) Floor plans indicating the swam footage - of all structures proposed te! use. on -site: and c. rsr II 2) - Typical elevation drawings .of -each - lit ucture. :,3' II E) Landscane Plas, (No.-of copies 04 ): • C ] The landscape plan • snail be. drawn • at the - same - scale of t'he • site analysis plan or a ;anger sale if necessary arhd • shall indicate: . I ,. 1) Description of the irrigation system sere applicable [4 Z) Location and height of fences, buffers and screenings [e APPLICATION CiEC <Lis — Pa 2 I 3) Location of terraces. decks. shalters, play areas and common open spaces [✓ t 4 ) Location. type. size and species of existing and - II proposed plant materials. The landscape plan shall include a narrative which addresses 1) Soil conditions. C ] II 2) Erosion control measures that will be used. C•4' F). Sion Drawinns Sign drawings shall be submitted in accordance with Chapter I 18.114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [ ] II G) Traffic generation estimate C ] H) Pr,limi -- ition or lot li ad'ustaent ego showina II (No. of Copies ): 1) The owner of the subject - el C .r 2) The owner's author iced - ent [ 3- 3) The tap scale. (20.50. CO or 200 feet;l). inch north arrow and data C t 4) Description of - location and boundaries C j 5) Location. width - names of streets,. easements and I other public wa within and adjacent to eve parcel [.} 6) Location of all - t buildings on and within 25 feet of all - - rty lines C 1 II 7) Location and w' -th of all water courses C 3 I) Location of trees with-6' or greater caliper at 4 feet abov ground level 9) All slopes C� pas - - afar than 25� _ C f I 10) Location o existing utilities and utility easements C 3 11) For major and partition which creates a public street: II a) The proposed right - of location and width C 3 b) A caled cross - section of the proposed street -lus any reserve strip 12) Any .• C 1 - liable deed restrictions I 13) Evi -ence that land partition will not preclude e- icient future land division where applicable C't II I) Subdivision preliminary Plat ran and data showina(.No. of Copies .2 ): 1) Scale egesiling 3%..50.100 or 200 feet to the inch I and limited to-one\ohase per sheet C1 2) The proposed name . of 'Lie subdivision t 3) Vicinity map showing property's relationship to arterial and collector streets C,ef I 4) Azures,• addresses and.telephone.ni bens of the owner developer, engineer, sursreyer,•designer, as applicable[✓' 5) Date of application" C' II 6) Boundary lines of.tract:to'be subdivided [� 7) Rams of adjacent;subdivisicn.or.naaes of recorded owners of adjoining parcels of divided land [•/f • II 8) Contour lines related to.e City - established bench - snrk at 2 -foot intervals for Oi --ICS grades greater than 10 VI I APPC C.. i iCN C•{EC: <L?Si — Pace 3 I II 9) The purpose. /location. type and sire of all of the following (wit iin and adjacent to the proposed subdivision): C I II a) Public and private right-of-ways and easements CvI' b) Public and private sanitary and store satyr lines C.,1 c) Domestic water mains including fire hydrants Id) Maine' Paler telephone tra iseission links (50.000 volts or greater) C] e) Watercourses f) Coed reservations for parts, open space, pathways and other land 'encumbrances Cam 1O) Approximate plan and profiles of proposed sanitary and storm sowers with grades and pipe sizes indicated GA" I ii) Plin of the proposed water distribution system. showing pipe sizes and the location of valves and fire hydrants. 12) Approximate centerline profiles showing the finished C� I grade of all streets including street extensions for a reasonable distance beyor4 the limits of the proposed i I Ll) sbdivisio. Scaled cross sections of proposed street right -of -ray, 14) The location of all areas subject to inundation or store water overflow C I I IS) Location, width and direction of flow of all water.- courses and drainage ways C I 16) The proposed lot configurations, approximate lot II dimensions and lot numbers. Where loss are to be used for purposes other than residential, it shall be indicated upon such lots Ct‘. 11 greater The location-of all trewfs with a diameter 6 inches or greater measured at 4 feet above ground level, and the location of proposed tree plantings, if any Cfri. II 18) The existing uses•of the property, including the location of all structures and the present uses of the structures, and a statement of whirl structures are to remain after platting C I 19) Supplemental information including: a) Proposed deed restrictions (if any) C 1 b) Proof of property ownership C 1 II c) A proposed plan for provision cf subdivision improvements C 3 20) Existing natural features including rock out crcppings, wetlands and marsh areas. CI"( ' 21) If any of the foregoing information cannot practicably be shows on the preliminary plat, it shall be II incorporated into a narrative and submitted with the application. C1 ?) Other Information Cv1 S ik CalculAnctot II 1 II APPLICATION GtEC <LIT.ST - Page 4 II C - - - - -- -- - --v---No allajtuuu trus - SIL12120011c1 210SCINIM _ 1:000-S6 1143Z/8000-S6 1:111.3 _ -- - 1 MAP NO 7 - L000-S6 INA.A•000-26 Had/E000 Ur; - • , . , • ; ' '' , , . . ■ -. . // 30 ' 5.09 AG: , #4.• 40' CANCELLED TAX ":1 1 AN 44.2t) 901,302,2700,30C SEE MAP t 7v-c,c9ro .,,, 2000.304,1000,12 IS 1 35 BO / V , 22210 1 6 , 203 N be° 45' E i " of, / Ljj z//dc,O 0 0 as .40.461 8 0 . , D . , . tAN. .- , / ...40. te* 9 a. ,/ I Zy g!,z5 AO e 202 A I - ? I ,.. ,,,,- ,i /),4.- -..5 9 a #1'; o r 7 p. 1 / 1.21 i o '`? 2800 i0... .A.9 ... kJ. .............0 i . 4 F % .5 7 .49 AC.- ,/, _, .4 -00 -,..., r, ' 20 1 ( 7 7' • A C; $16/4 r' '''' • 0 .1. / 34 40000 : ON. 4.,, MAC. 6 -. 1. i ... - T- -- .7• 1 ) . • - :), '...91AC., I I V), - - . _ -----oe . 45. 26.6ENENT 6.541 e . • , 54,75.00 50 , SEE MAP I 200 W. I . I CS. 9,777 ) • b p_ / 1 :-. ) . 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It 4.60 AC. tri t a A ( CS. 8,940) • Ccz, 18,373) 23 81 .72 AC. z - , 0 50 loT,, 11 36 3 '4409 70.10 0 - 1( Rah5 SEE MAP / / 1\ _ ___510.112.__ ...._, --'-' V * TOO i te.S. 17,412 ) i ' ; 41) 4 Ell 4200 " 514 0 0- / t 2 _ m.5SACc.. rig ■11 I r• N 1 r-) rd r; rz . • , . 29.05 ) 3 • 1 IS I 35CB 4 I .• it) v r% 1-_, e j‘i D \ r.2_, .r1 1-) - 9.,34•• V 69.90 . , . 4 'i / s es* 55' 0, • 1 ...a .....: 3700 TRACT A I is. fek ) t 1: „ t.4100 ,„, ., , 0/ ., l'''' .,-. los.:47 0 40111 a 1 f I l I PS o -t4500 k ot i 125.52 • :g ° 146.79 . 61.0007- .2 1,65.60 • •‹: 8 9 Il 3800 ;o 10 7 : 0, 73 - 2 . 4 13 4 .05 • - '.- ',. t-i ..:- .., , . • i Ca. 14987 )/ \ 3 26.50 0 l a i I 4600 i 122.30 .61i+3 /I ' 471.110) ( 120.55 220.77 . 0 0 - S9.45 I z2 g., 9 i 1200 st • . (222.1371 -1 . • h . ,. "d 50.37 . . 5/4C. 1300 1400 1 1600 0 5 ■Li-......0-1f---- 96 ct 4000 • " ' 1 . . • r .52 A a .soAc. .tisila 1 .50 AC. 2400 0 3900 . ..., * a- / 900 V . -0 /35 Aa ti) -0 A, a 1Z ,02, t. "". 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I - m t'l r4 .35 AC • ' ; FOR ASSESSMEN" - • I 1401 a • w 0 (cs.7,4•77 I .6 1 ( c.s. 17,187 ) ,,.. i 100' 1 . ' - 4 ' . ' , -(0.5.4,694:/ 1 i 5 1_11 .e. , 4 A 4 al ao' 00 NOT RELY ON 7 la .69 AC 26. A' 4/....,112, I le .0 AI1 0 - p ,...,,,,....... ;ova r ...f„, o _. 7045 100 45' FOR ANY OTHER US1 PURPOSES ONLY. co 3- A, • r'N al , 59.04 ■ ......L i t ip ? • . 0 °4 7 :4 1 4 L.) "r 2304 2303 r- b 2.3 . , 1,, , „. . -0. .11.4C 13 a hi W, A' , ,. 7.4. CO • PI _. S • • O SE 5 i. V a 4, i nt( C.& 86,03) 0 0 : ( ti t 'I° sr a ll. 01 i • • 1 7, ..0 // 44' • ... 4 aka. . Is,. r If 0 .1 10 (, V. ‘ • a. Ir.) 6: v "9' • 0 ., / • *' 3 ...- . 123.11 IC AI ' . . 0 f• . 1/3 / 2301 P 1 1 ° I '•_ ....,.... 71. rt ,:. . N� ;20:/e .e $h .011' 'cc.. .00 •."'" 0 • ••• 59'20* W 300.37 •I i 110.20 : .! •e • / • Kit . 5 301 s o _ 1 .: • 4 ? • 37 % ft . AD )(-- (ii SEE MAP 4 . d is 1 35CD • . • c l e . 20/ 40 --••••■ •• f 1 S1 35CA (V 9 ______e___ 1 5E1 /4 SW I. . - tAN111 V 1 1 ri 1 W. M. IS I . 658 sad - _ - X0-56 i /�00 -56 NUS S WASHINGTON COUNTY, OREGON • • X000 -56 WA/17000-66 2813 /£000 -56 UM - SCALE I " X i00 / t / \ SEE MAP / I / ISI :f5 A B / _ Lo__ —... ....... 2 - — S .W. 01.‘K C.R.No.J R eET e :.l s eee / \ / 601. a9 • ` aA� / 100 \ I / / 2 . 96A t. — • I R I . / :. /. M1 A s J --J `. 0 \ �� + • / � 4 6 o (; . 5 t� \ I I - -- - - -- 1cM-- - - - - -a r w \ I / t i a 1! • \ 1 � � l re, /Cy \ SEE MAP I (JA\ �` / 0 y • \ � 71:1!;1 Cou�t'� / / �. �O ; $ a ` ' �rTiO / / •.•31 ��. 1990 •a•c "' m y I% 19/ \ ( ; / / i • .4 i • Ate r}. 1 r7 ■ • t tam i ^4' :.P'vt: t / l ~ 200 ' ` "•* ., E a el,. : � • .y4 200 A- I 'Jj • ■ � l Ie / / SEE MAP / I / / I S I 358C / / _ / • s o ISO l w ef• lo't 04 1 ip, jcr / /1 , I / / �a . ' ,� • SH LAN s / __. ti" S. r / ye I / / / / 12 IQO IQO to )# ~ ~ / /� ,,,j y 1200 11104 9 0C� 80) 700 �0 A� t o eft. .46 Ac. .44 Ac. 3.30 Ac. / t IGO j t o • .� .. r_ o 0 / • i 7 C / tp• w o ♦ .. 1300 ° � o ••• � R� ey� 23_8 I w: • ®!.s , 500 ( 2. • A yl �1 0 , . 41 600 ,....2/ Ac. .a �, 1 V -. M fs• sf I n�> s uI ,1 I 1y / ` % �O a f• 1 1000 . ' .► Q• 400 / I 1.96 At N I / n � /. 00 Ac. »�JJJ 1 � .r � .:1<D �► ?` 1 i I w� / r J 2el'Ac. •- I / ` / a IN 1 Q • I a • I W 14 I I / / o�� DO NOT RELY ON FOR ANY I �� • h I w I I 7 P 0P LAST 232.1 a° 0 o es 1 I I / - e, o I SEE MAP 50 IT IS 35 CA re I so) � `� 7 5 - �+. f ` 142'3 - �� 323.$ i s BS' Of « - . / ~j 1 ' • / TIGARD I D 0, G xr 1S I 35B �R9 �UPPLEMENTAI_ . -_ -MAC r NC.1 - - - - - - - -- - __ . IS `1 � E 3 N 5 T C A / 1 N SU PPLEM NE V 4 SW I/4 SECTION 35 TIS R IW W.M. MAP NO. 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S tS, `R, * n: 1 I, Z: ,:i. ... .x ' }4 3/40 A :is:J ::::h .0 1::::::: ..„ .4%. 1:„.... :... ..: 14 ,k , 4 4,, 4 4 .:amt \ 55 )t eie4 A'en ies V $4 ; 44%.. li V1 F 5 nt S *1 . n44 Atar" qhe .--,,, '4 t. „ * - ' 14 ii 4: : tt * . * k .44%:, 1. A0.46„4 '1. I* . a • - 4 .4 2iN: I k. II if" 4 r - ... 1 ill i... I ' 14C AtAi ri4: I 1 A ' :. Zi, :' .. - .' ill, •••*" 4, '. ?*24* ** - .*******5***4444 ** M:::aaays: 4tlii44P44. 4....,4 ... . *:" ++++++++ * 4 * . " xx " 44 . . . , ' . ! , ■ . ■ : n DAKOTA /ILLAGE NO• 2 PLAT BOOK , PAGE DOCUMENT NO. A REPLAT OF LOT 11 AND TRACT "B" OF "DAKOTA VILLAGE AND A PORTION OF THE SOJTHWEST ONE--QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, TRACT "C" CITY OF TIGARD, WASHINGTON COUNTY, OREGON / N 89'34'31" E 31.00' / es SURVEYED: FEBRUARY 2, 1996 ALPHA ENGINEERING, INC. 3 I w a- I-- 367 SF \ PORTLAND, OREGON 97223 �° z w� - N • (503) 452 -8003 in 26 sZW `V O 4)0' 0 ' 0� a. N b n - o W J v to W : W e CI U y w / / CENTERLINE ABANDONED OREGON Q / ELECTRIC RAILROAD RIGHT -OF -WAY (50'WIDE) 1 251 3 / / LEGEND " , �c c / tt.". / 0 FOUND 5/8w IRON ROD WITH Y.P.C. DETAIL B E q O W INSCRIBED ALPHA ENG., INC. • NOT TO SCALE GP S N-� C‘ 6 65 \ 1 I � / / / FOUND 3/4" I.P. FOUND 5/8" IRON ROD OR AS NOTED. C��O ( OD -) 713 • 0/ / / PER SURVEY N0.13965 0 SET 5 8" x 30" IRON ROD WITH YELLOW PLASTIC ��O Qa0o�2`Z 43n 1 O ! Q• / �, ON LINE CAP INSCRIBED "ALPHA ENG., INC. ". 15 5 0' • . / • Y.P.C. YELLOW PLASTIC CAP FOUND 3/4' I.P. PER SURVEY N0.1 � 305 (HELD) t O'E N 6 $ t / �� G V ASH CREEK PARK CONDOMINIUMS , CALLS , - I O , O Q G ANIZED IRON PIPE MONUMENT S. 0.04', E. 0.03', HELD FOR WEST Nto I 0•'� , • 4 J 6 / r -jJ •'� I.R. IRON ROD b A LINE DEED DOCUMENT N0. 80032278 N't I N 1 $ 2 6 r \1• b�' P.S.D.E. PRIVATE STORM DRAIN EASEMENT o TRACT "C" / Y z • 19,533 SF / =OUND 1/2" I PIPE DEED MONUMENT O' _ / N 00'25'29" W, N. 0.34', HELD E/W 3 o TRACT "D" D / 1 O /� �) a) 5/8" IRON ROD AT THIS LOCATION) (SURVEY NO. 9777 CALLS FOR FOR BASIS OF BEARINGS AND BOUNDARY DETERMINATION N 36 SF cd LA z N. SEE DETAIL " B " / / �O rn PER SURVEY NO. 25,951, WASHINGTON COUNTY SURVEY RECORDS, AND THE PLAT W r 03 N 89'34'31" E 111.1' / o `- OF "DAKOTA VILLAGE ". 0 0 0 5\11-14r 7 e) 80 1 ro z o 0'— . 26 2,496 SF PLAT RESTRICTIONS: MITI p , " ,M ^ i t > S' DRAINAGE EASEMENT OINI �� • Cf'• ; C 1 1 1 /1 1 " 1 C .� n � „ a: � r. ... ti•r . = - - '.j.�l.v .. _ . 1 _.�,��.,._ 1 �..__ �....... r.� FOUND 2 G.I.P. (HELD) / N 00 017 W o " PL v OTA VILLAGE . „," „ PER PLAT OF ASH CREEK- / Pi x'22.49 2 166 SF 25 a 80 .00 i� < T D A BUTTING TRACT U , AND A FRONTAGE OF LOTS OTS 23 -2f? AND PARK CONDOMINIUM / /�� 4 N 51 OQ'17'19" W N tp )N o S 8 9'34'31" W t`.1 TRACT "C" ABUTTING TRACT "A" DAKOTA VILLAGE. w . .. " • 0 2 7 2,160 SF ° O 2. TRACT C" IS SUBJECT TO A PUBLIC STORM DRAINAGE EASEMENT OVER / 0 89'34'31" E 80.25'.° N N „ N 0 ITS ENTIRETY. I� . S 89'34'31 W 80.00' FOUND 3/4" I.P. ---- 2 2,16 SF • N O ®O " N N C7 0 0 3. TRACT "D PRIVATE STREET (S.W. VERDE TERRACE) IS SUBJECT TO A PUBLIC ON LINE, N. 1.85 / ® 0 U'T!.ITY EASEMENT, PUBLIC SANITARY SEWER EASEMENT, PUBLIC STORM DRAINAGE •"' N 89'34'31" E 80.3 I l Z N 28 2,160 SF N EASEMENT, PUBLIC ACCESS EASEMENT AND PUBLIC SIDEWALK EASEMENT OVER l 6 X 00 IT c. EN fIRETY. r' ca m ' - � to FOUND 5/8" I.R. W/Y.P.C. /ice to 23 3,206 SF , 80.(10' " W 4. SUBJECT TO COVENANTS, CONDITIONS, AND RESTRICTIONS 0 S 89 34 31 I TI P�ii DOCUMENT INSCRIBED "ALPHA ENG., INC." / / �t — — -- \ -� 2 I r SCALE: 1" = 50' INITIAL POINT OF "DAKOTA Z NO. 95075610, WASHINGTON COUNTY DEED RECORDS. VILLAGE" ' 5. THE OWNERS OF LOTS 23 THROUGH 28 SHALL RETAIN EQUAL RIGHTS AND • 4 INTEREST TO THE OWNERSHIP AND MAINTENANCE OF TRACT "D ", PRIVATE • S $ '34'31 W O W W 0 = 90.00'00" STREET (S.W. VERDE TERRACE), AND SHALL SHARE IN THE OWNERSHIP AND 0) .--M • _ \ U R = 24.00' VILLAGE. • SHARE IN THE OWNERSHIP AND MAINTENANCE OF TRACT A DAKOTA �' I " " i0 •c w I �" L = 37.70' SE_E_DTAIL A_ ,- E CB = S 4414'3;" W, -� O I I DEED . BOOK 1108, Q 33.94' 6.00' PUBLIC V) I °WI— SIDEWALK EASEMENT PAGES 311 -329 " D A K O T A a Q V I L L A G E" 15.00' WIDE P.S.D.E. TO > W BENEFIT OWNER TO THE " GREENBURG " a > F- WEST PER "DAKOTA VILLAGE" 7 - - _ o _ LOT 11 -- N� - -- 0 o I 'o REGISTERED - L - _ _ -�1- °• a PROFESSIONAL ' _1 LAND SURVEYOR I — — ct, -- A,-• zel,f-/AA" L s4-- --o— •ri 10.00 FEET WIDE PEDESTRIAN 0 OREGON ACCESS EASEMENT, TO OWNER z MICHAEL 25. . R. 1 GATES ADJACENT TO THE WEST, n 5.00' EACH SIDE OF LOT LINE 3 2 4 . 49_ PER PLAT OF "DAKOTA VILLAGE ". °' -� VALI F VALID UNTIL 6 -30 -97 DETAIL "A" o Z o I NOT TO SCALE z J GEODETIC POINT NO. 336 SURVEY NO. GC -14 z Z ` FOUND 3 1/4" ALUMINUM CAP — — --- S.W. CORNER D.C. GRAHAM D.L.C. NO. 52 �- - — '— I IN MONUMENT BOX, STAMPED "D.L.C. 52, D.L.C. 54, 1981" i N 89'16'13" E 1007.44' — \I SHEET 1 OF 2 344 -002 I PLAT BOOK , PAGE DAKOTA VILLAGE N 0 . 2 DOCUMENT NO. A REPLAT OF LOT 11 AND TRACT "B" OF "DAKOTA VILLAGE ", CITY OF TIGARD APPROVALS AND A PORTION OF THE SOUTHWEST ONE- QUARTER OF SECTION 35, APPROVED THIS DAY OF , 199 TOWNSHIP 1 SOUTH, RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD COMMUNITY DEVELOPMENT DIRECTOR CITY OF TIGARD, WASHINGTON COUNTY, OREGON BY: DECLARATION KNOW ALL MEN BY THESE PRESENTS: THAT WINDSOR PROPERTIES, LTD., AN OREGON SURVEYED: FEBRUARY 2, 1996 ALPHA ENGINEERING, INC. APPROVED THIS DAY OF LIMITED PARTNERSHIP, CARL W. SPITZNAGEL, GENERAL PARTNER, AND SOPHIE JUNGKIND 9600 S.W. OAK, PLAZA WEST, SUITE 230 CITY OF TIGARD CITY ENGINEER ARE THE OWNERS OF THE LANDS DESCRIBED IN THE ACCOMPANYING SURVEYOR'S PORTLAND, OREGON 97223 CERTIFICATE AND DO HEREBY DECLARE THE ANNEXED MAP OF "DAKOTA VILLAGE NO. 2" (503) 452 -8003 TO BE A TRUE AND CORRECT PLAT THEREOF, ALL LOT LINES BEING OF THE DIMENSIONS BY: SHOWN AND ALL STREETS AND EASEMENTS OF THE WIDTHS THEREIN SET FORTH AND HEREBY GRANT ALL EASEMENTS AS SHOWN OR NOTED HEREON. WASHINGTON COUNTY APPROVALS TRACT "C" IS HEREBY CONVEYED TO THE CITY OF TIGARD. SURVEYOR'S CERTIFICATE APPROVED THIS DAY OF , 199 WINDSOR PROPERTIES, LTD. WASHINGTON COUNTY SURVEYOR I. MICHAEL R. GATES, HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND MARKED 7/ / WITH PROPER MONUMENTS THE LOT CORNERS, CURVE POINTS AND BOUNDARY LINE CHANGES b " IN DIRECTION OF THE LANDS REPRESENTED ON THE ANNEXED MAP OF "DAKOTA VILLAGE NO. 2 "; BY: BEING A REPLAT OF LOT 11 AND TRACT "B" OF THE PLAT OF "DAKOTA VILLAGE ", AND A / � PORTION OF THE SOUTHWEST ONE - QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 1 CARL W. SPITZNAGEL GENERAL PARTNER SOPHIE NGKIND WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON; THAT AS THE INITIAL POINT OF SAID SURVEY I FOUND A 2" GALVANIZED IRON PIPE AT THE SOUTHEAST APPROVED THIS DAY OF 199_ CORNER OF THE PLAT OF "ASH CREEK PARK CONDOMINIUM "; THENCE ALONG THE EAST LINE OF DIRECTOR OF ASSESSMENT AND TAXATION SAID PLAT, N 00' 20' 17" W, 101.83 FEET TO THE NORTHWEST CORNER OF THE PROPERTY DESCRIBED (WASHINGTON COUNTY ASSESSOR) IN DEED DOCUMENT NO. 95025410, DEED RECORDS OF WASHINGTON COUNTY; THENCE LEAVING SAID EAST LINE, ALONG THE BOUNDARY OF LAST SAID PROPERTY, THE FOLLOWING SIX COURSES: ACKNOWLEDGMENT N 70' 14' 43" E, 82.68 FEET; N 75' 07' 43" E, 67.50 FEET; N 56' 08' 43" E, 49.70 FEET; N BY 43' 43" E, 17.20 FEET; S 00' 20' 17" E, 59.10 FEET; S 52' 10' 03" W, 11.53 FEET, BY: " TO THE NORTHEAST CORNER OF THE PLAT OF DAKOTA VILLAGE; THENCE ALONG THE EAST LINE STATE OF OREGON OF SAID PLAT, S 00' 25' 29" E. 158.95 FEET TO THE NORTHEAST CORNER OF LOT 12 OF SAID 199_ » APPROVED THIS DAY OF WASHINGTON COUNTY PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT 12, S 89' 34 31 W, 80.00 FEET, TO THE WASHINGTON COUNTY BOARD OF COMMISSIONERS EAST LINE OF TRACT A OF SAID PLAT; THENCE LEAVING SAID NORTH LINE LOT 12, ALONG • A r,/, I q b THE EAST, NORTH, AND WEST LINES OF SAID TRACT "A ", THE FOLLOWING SIX COURSES: THIS CERTIFIES THAT ON THIS 1141'\ DAY OF , 19 , BEFORE N 00' 25' 29" W, 97.77 FEET; S 52' 10' 03" W, 39.03 FEET; S 00' 25' 29" E, 73.06 FEET; ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, ALONG A 24.00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF PERSONALLY APPEARED CARL W. SPITZNAGEL WHO, BEING FIRST DULY SWORN, 90' 00' 00", 37.70 FEET (rCHORD BEARS S 44' 34' 31 W, 33.94 FEET); S 89' 34' 31 » W, DID SAY THAT HE IS A GENERAL PARTNER OF WINDSOR PROPERTIES, LTD., AND b » 14.00 FEET; S 00' 25' 29 E, 11.00 FEE °; THENCE LEAVING THE WEST LINE OF SAID TRACT "A", THAT SAID INSTRUMENT WAS SIGNED ON BEHALF OF SAID LIMITED PARTNERSHIP, S 89' 34' 31" W, 42.43 FEET TO THE NORTHWEST CORNER OF LOT 10 OF SAID "DAKOTA VILLAGE" AND DOES ACKNOWLEDGE SAID INSTRUMENT TO BE OF HIS OWN FREE ACT AND DEED. THENCE N 00' 17' 19" W, 78.14 FEET TO THE INITIAL POINT. 0. 440.,, CONTAINING 34,253 SQUARE FEET, OR 0.79 ACRES. I4 • OFFICIAL SEAL ' IK11111"1 CAIPUZZI 1 =s., IiOTAFYPUBLIC- OREGON ' Cc MI ;SIoN NO 02P016 MY CC MMISSe.,N EXPiFES SEPT 19. n7 - 7 (e/ REGISTERED PROFESSIONAL ACKNOWLEDGMENT LAND SURVEYOR STATE OF OREGON , ATTEST THIS DAY OF 199_ WASHINGTON COUNTY DIRECTOR OF ASSESSMENT AND TAXATION THIS CERTIFIES THAT ON THIS I I $' DAY OF M ill 1 • 19% , BEFORE JU OREGON 2 90 EX- OFFICIO COUNTY CLERK ME THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY, MICHAEL R. GATES PERSONALLY APPEARED SOPHIE JUNGKIND, WHO BEING FIRST DULY SWORN, DID SAY 2449 THAT SHE IS THE IDENTICAL PERSON NAMED IN AND WHO EXECUTED THE FOREGOING BY: INSTRUMENT AND DOES HEREBY ACKNOWLEDGE SAID INSTRUMENT TO BE OF HER OWN VALID UNTIL 6 -30 -97 DEPUTY FREE ACT AND DEED. o •� O FFICIAL SEAL STATE OF OREGON SS ; ,- 4 IE 6V�IIiCAPUZZI IiC OMMlS IONNO 28 16 WASHINGTON COUNTY - ' CdAANI1SSIdN NO G ?8016 wolf C,U 4MAISSION EXPIRES SEPT 19.1 C9I -- I DO HEREBY CERTIFY THAT THIS SUBDIVISION PLA FOR RECORD ON THIS DAY OF . 19 , Zt/ii AT O'CLOCK M., AND RECORDED IN THE COUNTY CLERK RECORDS. BY: DEPUTY COUNTY CLERK SHEET 2 OF 2 344 -002 "3 n' • ' i : w •.::''''''' .J, • s - " _ ..- • „ i t , „ :. , ,., ,. ev, ♦ ” l ,my.• :, t.� u � • 1 .y. A.. ' - o-S C • �... , '7• . - ' , , r ., , Ft ',. �, ., "if . µ ,.e tl • `. 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